Section 34 CPC - Award Of 'Pendente Lite' Interest A Discretionary Remedy : Supreme Court

The Supreme Court has observed that the award of pendente lite interest under Section 34 of the Code of Civil Procedure is a discretionary remedy, which is steeped in "equitable considerations".A bench comprising Justice Hrishikesh Roy and Justice Subhash Reddy, while denying pendente lite interest claimed by the respondent in a delayed bond payment case, observed that although...

Arbitral Tribunal Constituted Before 2015 Amendment Cannot Operate If It Violates Neutrality Mandate Under Section 12(5) : Supreme Court

The Supreme Court held that an arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliation Act 1996 will lose its mandate if it violates the neutrality clause under Section 12(5) read with the Seventh Schedule, which were incorporated through the 2015 amendment.The Court held that an arbitration clause that prescribes appointment...

UPSC Civil Services: Delhi High Court To Hear Tomorrow Plea To Postpone Mains Exam Amid Rising Covid-19 Cases

A petition has been filed in the Delhi High Court seeking postponement of UPSC Civil Services Mains Examination, 2021 scheduled from January 7 to January 16, 2022, in view of Covid-19 third wave and spread of the new Omicron variant. The matter was mentioned today by Advocate Anushree Kapadia before a Division Bench led by Chief Justice DN Patel, and permission is granted for urgent...

Elephant Deaths Due To Electrocution : Supreme Court Issues Notice On PIL

The Supreme Court on Wednesday issued notice in a PIL filed seeking court's urgent intervention in relation to the problem of elephant deaths due to electrocution in the country.A Bench comprising Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli issued the direction. The petitioners were represented through Advocate Kartik Shukul before the Court. The Petitioners...

SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period

Looking at the prevailing situation amid rising number of Covid-19 cases in the country, the Supreme Court Advocates on Record Association has moved an application before the Supreme Court seeking extension of the statutory Limitation Period in respect of judicial and quasi-judicial proceedings. "There has been a sudden and drastic change in the situation with regard to the pandemic, as...

Supreme Court Imposes Rs 25 Lakhs Cost On Applicant For Baseless Allegations Against High Court

The Supreme Court on Tuesday imposed an exemplary cost of Rs 25 lakh on an applicant who had made allegations against the Uttarakhand High Court and High Officials of the State Government.The applicant had sought to implead in a case related to sale of assets of Khasgi (Devi Ahilyabai Holkar Charities) Trust of Indore, Madhya Pradesh, The bench of Justices AM Khanwilkar and CT...

NEET-PG Counselling/ EWS/OBC Quota Case- Supreme Court To Continue Hearing Tomorrow

The crucial hearing in the case related to EWS/OBC quota in NEET-AIQ will take place in the Supreme Court today. The hearing is likely to determine the commencement of the NEET PG Counselling process.A two-judge bench comprising Justice DY Chandrachud and Justice AS Bopanna is considering the case. The case is listed as item number 26. The bench commences sitting at 10.30 AM.The case was...

Supreme Court Refuses To Interfere With Delhi High Court's Order Of Denying Bail To Alleged International Hawala Dealer Bimal Jain

The Supreme Court today refused to interfere in the special leave petition filed by alleged International Hawala Dealer Bimal Jain accused of routing funds to the tune of 96000 crores assailing Delhi High Court's order of refusing bail.The bench of Justices AM Khanwilkar and CT Ravikumar also placed on record the ASG SV Raju's assurance that the investigation will be completed by the...

Notable Supreme Court Judgments Penned By Justice R Subhash Reddy Who Retired Today

Justice R Subhash Reddy who was elevated as Supreme Court judge on November 2, 2018 retired today. He was the first judge from Telangana to become a Supreme Court judge after the State was carved out from Andhra Pradesh. Born in the year 1957, Justice Reddy was elevated as Additional Judge of High Court of Andhra Pradesh on February 2, 2002 and was sworn in as Judge of High Court of A.P. on...

When Lawyers At 70-75 Years Argue Cases With No Difficulty, Why Should SC Judges Retire At 65? Attorney General Bats For Increasing Retirement Age

The Attorney General for India has stressed the need to increase the retirement age of Supreme Court and High Court Judges.Addressing the virtual farewell event organised for Justice Subhash Reddy on his retirement, the Attorney General stated that it is a "travesty" that Supreme Court judges retire at the age of 65 and High Court judges retire at the age of 62."Looking at our judges I can...

Regional Court Of Appeals May Solve Pendency Issue Of Supreme Court To Some Extent : Justice Subhash Reddy

While highlighting the need to modernise the procedural laws for faster disposal of pending cases, Supreme Court Justice Subhash Reddy on Tuesday stated that having a further Court of Appeal above High Court, as suggested by the Attorney General of India earlier, may solve the issue of pendency of cases to some extent.However, Justice Reddy added that at the same time the huge backlog pendency...

RBI Has Wide Supervisory Powers Over Financial Institutions Like SIDBI, Its Directions Are Statutorily Binding: Supreme Court

A Supreme Court bench comprising Justice Subhash Reddy and Justice Hrishikesh Roy, while presiding over a matter regarding delayed payments of principal amount and interest accrued on bonds issued by SIDBI, stated that "RBI has wide supervisory powers over financial institutions like SIDBI, in furtherance of which, any direction issued by the RBI, deriving power from the RBI Act or...