Arbitrators Raising Fees In The Middle Of Arbitration May Amount To Misconduct, Supreme Court Says During Hearing

The Supreme Court on Thursday continued hearing on the issue of fixation of standards for fees for arbitrators. The bench of Justices D. Y. Chandrachud, Sanjiv Khanna and Surya Kant were considering the issue regarding the mandatory nature of the 'model' fee scale for arbitrators prescribed under the Fourth Schedule of the Arbitration and Conciliation Act 1996. In the hearing...

Section 482 CrPC- Criminal Proceedings Cannot Be Quashed Merely Because Complaint Was Lodged By Political Rival: Supreme Court

The Supreme Court observed that criminal proceedings cannot be quashed under Section 482 of the Cr.P.C. only because the complaint was lodged by a political rival.The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings, the bench comprising Justices Indira Banerjee and AS...

BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court

The Supreme Court, on Thursday, accepted the suggestion made by Amicus Curiae Senior Advocate KV Vishwanathan that persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council and to appear in the All India Bar Examination (AIBE), and that upon clearing the AIBE, they can be given a period of 6 months to decide whether to join legal profession...

Relief Of Possession Is Ancillary To Decree For Specific Performance And Need Not Be Specifically Claimed; Section 22(2) Specific Relief Act Is Directory : Supreme Court

The Supreme Court held that Section 22(2) of the Specific Relief Act is only directory provision and the relief of possession is ancillary to the decree for specific performance and need not be specifically claimed. Section 22 deals with a Court's power to grant relief for possession, partition, refund of earnest money, etc. Section 22(2) ) provides that no relief under clause (a) or clause...

Accused Cannot Claim Blanket Exemption From Personal Appearance In Cases Under Section 138 NI Act: Supreme Court

The Supreme Court observed that an accused cannot claim a blanket exemption from appearance in a case pertaining to the offence under Section 138 of the Negotiable Instruments Act.In this case, the Magistrate dismissed an application filed by the accused in a cheque bounce case claiming a blanket relief of his being exempted, on all dates, when the case would become listed before the...

Jahangirpuri Demolition: Shop Owner Moves Supreme Court Against Demolition Of His Juice Shop, Seeks Compensation

A juice shop owner from Delhi's Jahangirpuri area has moved the Supreme Court of India, claiming that his shop was unauthorizedly demolished by the New Delhi Municipal Corporation on Wednesday.Significantly, a Bench led by Justice Nageswara Rao today, while hearing a petition filed against the said demolition drive, said that it will take a "serious view" of the demolitions that took...

When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? SC Continues Hearing

The Supreme Court on Wednesday resumed hearing on a string of petitions raising the question whether the expression "proceedings" in section 24(1) of the 2013 Land Acquisition Act is to be reckoned from the date of notification under Section 4 of the Land Acquisition 1894 or with the date of notification under Section 6 of the old Act.Section 24 is titled 'Land acquisition process under Act No...

BREAKING| Supreme Court Orders Status Quo On Bombay HC Direction To Uber To Comply With Motor Vehicle Aggregators Guidelines

In an interim relief to Uber India, the Supreme Court on Thursday directed status quo with respect to the March 7 order of the Bombay High Court that the cab aggregators should comply with Motor Vehicle Aggregator Guidelines 2020.The Aggregator Guidelines were notified by the Central Government in excercise of its powers under Section 93(1) of the Motor Vehicles Act 1988.A bench...

"You Require Bulldozers To Remove Stalls & Chairs?": Supreme Court Asks NDMC On Jahangirpuri Demolitions

"To remove stalls, chairs, bench, boxes, you require a bulldozer?", the Supreme Court on Thursday asked the North Delhi Municipal Corporation in relation to the anti-encroachment drive carried by it in Jahangirpuri, New Delhi.A bench comprising Justices L Nageswara Rao and BR Gavai posed the question after Solicitor General Tushar Mehta, appearing for NDMC, submitted that as per the provisions...

Abu Salem's Plea Against Sentence Not Premature : Supreme Court Rejects MHA's Stance

The stand taken by the Union Ministry of Home Affairs that it is not the "appropriate time" to decide the issue relating to the sovereign commitment made to Portugal while extraditing Abu Salem has irked the Supreme Court.The Supreme Court, on Thursday, expressed that it did not appreciate the tenor of the affidavit filed by the Union Home Secretary in the Abu Salem case with respect to...

"You Don't Want To Touch Unauthorized Constructions In Sainik Farms Or Golf Links, But Target The Poor In Jahangirpuri" : Dushyant Dave

Senior Advocate Dushyant Dave on Thursday argued in the Supreme Court that the anti-encroachment drive in Jahangirpuri was hypocritical as only the properties of the poor are targeted and no action is taken against unauthorized constructions of the rich and the elite."If you want to act against unauthorized constructions, you go to Sainik Farms. Go to Golf Links where every second home is...

"Will Take Serious View Of Demolitions After Mayor Was Informed Of Order" : Supreme Court Extends Status Quo Order On Jahangirpuri Demolitions

The Supreme Court on Thursday extended until further orders the status quo order against the demolition drive launched by the North Delhi Municipal Corporation(NDMC) in the riot-hit Jahangirpuri area.A bench comprising Justices L Nageswara Rao and BR Gavai issued notice to the NDMC in the petition filed by the Jamiat Ulama-i-Hind and sought its counter-affidavit within 2 weeks."We'll take...