High Court Cannot Terminate The Mandate Of Arbitrator In Application Under Section 11(6) Of Arbitration Act. : Supreme Court

The Supreme Court observed that a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in section 14(1)(a) of the Arbitration and Conciliation Act cannot be decided on an application filed under section 11(6) of the Act.Such a dispute has to be raised before the "court", defined under section 2(e) of the Act.In this case, the Madhya Pradesh...

'Crime Test' & 'Criminal Test' Not Properly Applied : Supreme Court Commutes Death Sentence Of Man Convicted For Rape & Murder Of 8 Year Old Girl

Taking note of the fact that the Courts below had not given the required attention to the 'crime test' and the 'criminal test' while awarding and affirming death penalty, the Supreme Court, on Friday, commuted death sentence of an accused, who was convicted for rape and murder of a 8 year old girl-child. "…we are of the considered view that the 'crime test' and the 'criminal...

Gyanvapi Mosque Survey Issue Listed Before Bench Of Justice DY Chandrachud

The Supreme Court on Friday directed listing of the petition filed against the survey ordered by a Varanasi court in Gyanvapi Mosque, before a bench presided over by Justice DY Chandrachud.The direction has been issued by a bench headed by Chief Justice of India NV Ramana in a special leave petition challenging a Varanasi Court's order directing the survey work to continue in the...

Supreme Court Seeks In Sealed Cover Files Relating To Premature Release Plea Of Kalluvathukkal Hooch Case Convict Manichan

In a plea for premature release of accused Manichan in the Kalluvathukkal Hooch Tragedy case, the Supreme Court on Friday directed the Kerala State Advisory Board to produce the original file pertaining to him in sealed cover, along with reasons why his application for release could not be decided for the last four months.Earlier, the Court had directed the State Level Advisory Committee...

Section 376DB IPC : Supreme Court Agrees To Examine Validity Of Minimum Punishment Of Life Imprisonment Till Death For Gangrape Of Minor Girl

The Supreme Court on Friday issued notice in a writ petition challenging the constitutionality of section 376DB of IPC, 1860 to the extent that it prescribes minimum mandatory sentence of life imprisonment till natural life. Introduced in the year 2018, Section 376DB prescribes that if a person is convicted of gang rape of a minor girl , who is less than 12 years of age, then the...

Supreme Court Stays Patna HC Direction To State DGP To Produce Sahara Group Chief Subrata Roy Before It

The Supreme Court on Friday stayed the direction of the Patna High Court, also of Friday, by which the Bihar DGP was required to produce Sahara India Group Head Subrata Roy in the Court on May 16.The bench of Justices A. M. Khanwilkar and J. B. Pardiwala was hearing Roy's SLP against the February 11 judgment of the High Court and the subsequent order of April 27. On February 11, the High...

Owners Of Maradu Flats Demolished For CRZ Violations Not Entitled To Interest On Refund From Builders: Supreme Court

The Supreme Court on Friday held that the owners of the flats in the four buildings in Maradu, Kochi, which were demolished in 2020 for CRZ violations, are not entitled to interest on the refund payable to them by the builders.A bench comprising Justices L Nageswara Rao and BR Gavai ruled so on the reasoning that the purchasers had been staying in the flats allotted to them for a period of...

Endosulfan Tragedy :Supreme Court Slams Kerala Govt For Disbursing Compensation To Only 8 Out Of 3704 Victims

While considering a contempt plea preferred by victims of endosulfan alleging failure on the part of State of Kerala to disburse 5 lakhs compensation, the Supreme Court on Friday asked the State's Chief Secretary to hold monthly meetings to undertake the process of identification of the victims of endosulfan, ensuring disbursement of compensation of Rs 5 lakhs and taking steps to...

"Luxury Litigation": Supreme Court Pulls Up State Of Kerala For Challenging Seniority Of Upper Division Clerk

The Supreme Court on Friday pulled up the State of Kerala for filing a Special Leave Petition assailing Kerala High Court's order of affirming the seniority of an upper division clerk. "In the case of an upper division clerk who has been given seniority, is there for SC to interfere? We are not a court of law but a court of justice as well. Dismissed," the bench of Justices...

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court

Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two pre­conditions (1) Her cause of death must come into question in the matter (2) The prosecution will have to...

National Consumer Commission's Appellate Order Can Be Challenged Before High Court Under Article 227 : Supreme Court

The Supreme Court has held that an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in appeal under Section 58(1)(a)(iii) of the Consumer Protection Act 2019 can be challenged in a writ petition filed before a High Court under Article 227 of the Constitution.A bench comprising Justices MR Shah and BV Nagarathna held that NCRDC is a "tribunal" falling under Article 227...

Section 53A CrPC - Omission To Carry Out Accused's DNA Profiling By Itself Not Fatal In Rape Cum Murder Cases: Supreme Court

The Supreme Court observed that a lapse or omission to carry out DNA profiling, by itself, cannot be held to be fatal in rape cum murder cases."The lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission of the offence of murder as in case...