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Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability
The Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the orders passed under Section 8 and 11 are brought on par as far as appealability is concerned.Section 8, which deals with the power of a court to refer parties to arbitration, was amended in 2015 to state that such reference should not be...
'The Wire' And Others Move Delhi HC Challenging IT(Intermediary Guidelines & Digital Media Ethics Code)Rules 2021
Online news portal 'The Wire' has approached the Delhi High Court challenging the new rules made by the Central Government under the Information Technology Act to regulate internet intermediaries, Over-The-Top(OTT) platforms and digital news media.A division bench headed by Chief Justice DN Patel will consider the petition tomorrow.The petition has been filed by 'Foundation for...
Magistrates & Trial Judges Also Have Responsibility In Safeguarding Citizens' Fundamental Right: Supreme Court
The Magistrates and trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land, remarked the Supreme Court in a judgment in which it emphasized the role of the lower Judiciary in preventing abuse of criminal court process.This is a case that should not have been allowed to reach as far as...
Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court
The Supreme Court observed that, even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence under Section 138 of the Negotiable Instruments Act."A person might have been jointly liable to pay the debt, but if such a person who might have been liable to pay the...
Multiple Complaints By The Same Party Against The Same Accused In Respect Of The Same Incident Impermissible: Supreme Court
The Supreme Court observed that multiple complaints by the same party against the same accused in respect of the same incident is impermissible.Permitting multiple complaints by the same party in respect of the same incident, whether it involves a cognizable or private complaint offence, will lead to the accused being entangled in numerous criminal proceedings, the bench comprising Justices...
Supreme Court Stays Demolition Of Dargah Mubarak Khan Saheed, Gorakhpur; Issues Notice To UP Govt
The Supreme Court on Monday ordered stay on any further demolition of any structure at Dargah Mubarak Khan Shaheed at Gorakhpur, Uttar Pradesh. The Court has restrained the demolition till disposal of the proceedings pending under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972. A division Bench of Justice Navin Sinha and Justice Krishna Murari...
SC Allows Application To Implead States in PIL Seeking Protection Of Migrant Children's Fundamental Rights In Wake Of Covid19
Supreme Court has on Monday allowed to implead the States in the PIL filed by Child Rights Trust seeking directions for protection of the fundamental rights of migrant children and children of migrant families in the wake of COVID-I9. An application to implead the States was moved by the petitioner trust.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian issued...
Sole Proprietorship Will Fall Under International Commercial Arbitration If Proprietor Is Foreign Resident : Supreme Court
The Supreme Court has held that a sole proprietorship will fall under international commercial arbitration if the proprietor is a habitual resident of a foreign country, notwithstanding the fact that the proprietary concern is carrying out business in India.Holding this, a bench comprising Justices RF Nariman and BR Gavai set aside an order of the Delhi High Court appointing an arbitrator in...
NCLT Has Jurisdiction To Adjudicate Contractual Disputes Which Arise Solely From Or Which Relate To Corporate Debtor's Insolvency: Supreme Court
The Supreme Court observed that the National Company Law Tribunal has jurisdiction to adjudicate contractual disputes, which arise solely from or which relate to the insolvency of the Corporate Debtor.However, for adjudication of disputes that arise dehors the insolvency of the Corporate Debtor, the RP must approach the relevant competent authority, the bench comprising Justices DY...
Maratha Reservation: Supreme Court Issues Notice To All States, Will Consider Whether Mandal Commission Judgment To Be Re-looked
Noting the submission of the Maharashtra government that the principle question that has arisen is the interpretation of the 102nd Constitutional Amendment and that it will impact the legislative competence of all States, the Supreme court on Monday issued notice to all the states in the Maratha reservation matter, adjourning the hearing to March 15.A five-judge bench headed by Justice...
'Issued Unilaterally': SCBA Moves Supreme Court Against SOP For Resumption Of Hybrid Physical Hearings
The Supreme Court Bar Association (SCBA) has filed a writ petition before the Top Court seeking quashing of the Standard Operating Procedure issued by the SC Registry last week for enabling 'Hybrid Physical Hearing' from March 15 onwards. The plea filed though Advocate Rahul Kaushik stated that the impugned SOP dated March 5 has been issued by the Registry without consultation with...