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Arbitral Tribunal Can't Direct Interim Deposit Of Amount In Dispute When Liability To Pay Is Seriously Disputed : Supreme Court
The Supreme Court, on Tuesday, held that the Arbitral Tribunal cannot pass an order by way of interim measure under Section 17 of the Arbitration and Conciliation Act, 1996 to deposit the amount involved in the dispute, in a case where the liability to pay such an amount is seriously disputed and the same is yet to be adjudicated upon by the Tribunal. A Bench comprising Justices...
Supreme Court Deprecates Practice Of Disposal Of Writ Petitions Without Deciding It On Merits
The Supreme Court deprecated the practice of disposal of writ petition without deciding it on merits.The court reiterated that a High Court has a duty to deal with grounds/issues raised in a writ petition.The bench comprising Justices M R Shah and B V Nagarathna was considering an appeal filed against Uttarakhand High Court judgment.In this case, the Uttarakhand Public Service Tribunal...
BREAKING| WB Post Poll Violence: Calcutta High Court Constitutes 3-Member Committee To Address Complaints Of Alleged Victims
The Calcutta High Court on Wednesday constituted a three member committee to conduct an enquiry into the allegation that over 303 victims have been displaced due to the post-poll violence in West Bengal that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. The Court vide order dated August 19, 2021 had handed over to the Central Bureau...
When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? Supreme Court To Consider
The Supreme Court on Tuesday considered 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 1 of 1894 shall be deemed to have lapsed in...
BREAKING| Jahangirpuri Demolitions : CJI Asks Registry To Communicate Status Quo Order To NDMC & Police Immediately
The Chief Justice of India on Wednesday directed the Supreme Court's registry to immediately communicate the status quo order to the authorities of the North Delhi Municipal Coproration with respect to the demolition drive at riots-hit Jahangirpuri area.CJI NV Ramana issued this direction to the Secretary General of the Supreme Court after Senior Advocate Dushyant Dave mentioned that...
NEET-PG Counselling: Supreme Court Dismisses Plea Seeking Permission To Participate In Mop-Up Round With Free Exit Option
The Supreme Court on Wednesday dismissed a writ petition filed by doctors who appeared in NEET-PG 2021-22 seeking permission to participate in Mop-Up round of counselling with a free exit option.The matter was listed before the bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant. Appearing for the doctors, Advocate Charu Mathur contended that there were severe instances...
TV Channel Debates On Matters Relating To Criminal Trial Amount To Direct Interference In Administration Of Criminal Justice: Supreme Court
The Supreme Court observed that debates or discussions in TV Channels touching upon matters which are in the domain of Criminal Courts would amount to direct interference in administration of Criminal Justice.All matters relating to the crime and whether a particular thing happens to be a conclusive piece of evidence must be dealt with by a Court of Law and not through a TV channel, the...
BREAKING| Supreme Court Orders Status Quo On Demolition Drive In Delhi's Jahangirpuri
The Supreme Court on Wednesday ordered status-quo on the demoliton drive started by the North Delhi Municipal Corporation against alleged encroachers in the Jahangirpuri area, where communal riots took place last week.A bench led by the Chief Justice of India ordered status quo on a mentioning made by Senior Advoate Dushyant Dave."Something serious requires your immediate intervention. This...
Arbitrators Must Say Upfront Their Fees For The Number Of Sittings, Opines Supreme Court During Hearing
The Supreme Court on Tuesday continued the hearing on the issue of fixation of standards for fees for arbitrators. The bench of Justices D. Y. Chandrachud, Sanjiv Khanna and Surya Kant was 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...
Practice Of Pronouncing Final Orders Without A Reasoned Judgment Has To Be Stopped And Discouraged: Supreme Court
The Supreme Court reiterated that the practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged.Despite the strong observations made by this Court as far as back in the year 1984 and thereafter repeatedly reiterated, still the practice of pronouncing only the operative portion of the judgment without a reasoned judgment and to pass a reasoned...
Pre Deposit Of 75% Of Awarded Amount As Per Section 19 MSMED Act Is Mandatory To Challenge The Award : Supreme Court
The Supreme Court observed that the pre deposit of 75% of the awarded amount as per section 19 of the Micro, Small and Medium Enterprise Development Act, 2006, is mandatory to challenge the award under section 34 of the Arbitration and Conciliation Act, 1996.In this case, the Division Bench of the Punjab and Haryana High Court directed the Single bench to proceed under section 34 of ...