Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 488 to 516) (May 16 - May 22, 2022)

Arbitration and Conciliation Act, 1996; Section 20 - The appointment of a new arbitrator who holds the arbitration proceedings at a different location would not change the jurisdictional 'seat' already fixed by the earlier or first arbitrator. The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held - Once the jurisdictional...

BREAKING| Kerala Court Finds Husband Kiran Kumar Guilty In Vismaya Dowry Death Case

A trial court in Kerala on Monday pronounced its long-awaited verdict in the sensational dowry death case where 22-year-old Vismaya V Nair was found dead at her in-laws' house allegedly of suicide due to dowry harassment and domestic violence in June 2021.Kollam Additional Sessions Judge Sujith KN found Vismaya's husband Kiran Kumar, who is the sole accused in the case, guilty of the crime....

Ex- Personnel Of Armed Force Reemployed In Govt. Services Not Entitled To Pay Scales At Par With His Last Drawn Pay: Supreme Court

The Supreme Court observed that an Armed Forces employee on reemployment in government service is not entitled to his pay scales at par with his last drawn pay in Armed Force.The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of Central Civil Services (fixation of Pay of Re­employed...

'Continuing Unlawful Activity' For Gaining Advantages Other Than Economic Or Pecuniary Is Also An "Organised Crime" Under MCOCA: Supreme Court

The Supreme Court observed that continuing unlawful activity with the objective of gaining advantages other than economic or pecuniary is also an "organised crime" under Maharashtra Control of Organised Crime Act, 1999.There could be advantage to a person committing a crime which may not be directly leading to pecuniary advantage or benefit but could be of getting a strong hold or supremacy...

'Condemned In Strongest Words' : SCAORA Objects To SCBA President's Demand To Scrap AoR Exam For Advocates With 10 Yrs Practice

The Supreme Court Advocates-on-Record Association(SCAORA) has taken objection to letter written by Senior Advocate Mr.Vikas Singh, the President of the Supreme Court Bar Association, to the Chief Justice of India requesting that advocates with more than 10 year practice in the Supreme Court should be exempted from the exam for selecting Advocates-on-Record (AOR).Mr.Singh sought an amendment...

Disha Case : Judicial Commission Faults Police For Not Registering FIR On Woman Missing Complaint Citing Lack Of Jurisdiction

In relation to the alleged encounter killings of the accused in the gang rape and murder of a 26-year-old veterinary doctor(Disha case), the judicial enquiry commission appointed by the Supreme Court has found fault with the Telangana police for refusing to register the FIR, when the parents of the victim had complained about her missing.The Commission noted that the police turned away...

Supreme Court Seeks Response Of Union & States On Plea For Guidelines To Prevent Sexual Harassment Of Students In Schools

The Supreme Court on Thursday issued notice in a writ petition seeking protection of children from any kind of harassment including the sexual harassment being carried out at educational institutions. The bench of Justices Indira Banerjee and CT Ravikumar sought responses of the Union and the States. The petition which was filed by Nakkheeran Gopal, Editor, Publisher and Printer...

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family(HUf) by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the...

A Candidate Has No Legal Right To Insist That The Recruitment Process Set In Motion Be Carried To Its Logical End : Supreme Court

The Supreme Court observed that a candidate does not have a legal right to insist that the recruitment process set in motion be carried to its logical end.Even inclusion of a candidate in the select list may not clothe the candidate with such a right, the bench of Justices KM Joseph and Hrishikesh Roy observed. The bench clarified that this does not mean that the employer is free to act in...

Manual Scavenging Still Continues...[Video]

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While Settling Claims, Insurance Company Should Not Seek Documents Which Are Beyond The Control Of Insured To Furnish: Supreme Court

The Supreme Court observed that while settling the claims, the insurance company should not be too technical and ask for the documents, which the insured is not in a position to produce due to circumstances beyond his control. The bench of Justices MR Shah and BV Nagarathna noted that, in many cases, it is found that the insurance companies are refusing the claim on...

Supreme Court Weekly Round Up: May 16- May 22,2022

Supreme Court Judgements Remission/Premature Release Policy Of The State Where The Crime Was Committed Has To Considered: Supreme Court Case Title: Radheshyam Bhagwandas Shah @ Lala Vakil vs State of Gujarat | WP(C) 135 OF 2022 Citation: 2022 LiveLaw (SC) 484 The Supreme Court observed that the remission or pre­mature release in terms of the policy which is applicable...