Pre-Deposit Clauses To Invoke Arbitration Makes Arbitral Process Ineffective And Expensive: SC [Read Judgment]

“Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10% would discourage arbitration, contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive.”

Notice Of NCLAT Appeal Has To Be Served Regardless Of Supply Of Advance Copy of Appeal Paper Book: SC [Read Judgment]

"Rule 48 of the NCLAT Rules clearly stipulates service of notice on the other side, pursuant to issuance of notice by the NCLAT in the appeal, regardless of supply of advance copy of appeal paperbook prior to the issuance of notice by NCLAT"

MHA's 'Snooping Order' Does Not Violate Right To Privacy Of Law Abiding Citizens,Centre Tells SC

The veil of privacy can be lifted for legitimate state interests, the affidavit by centre states.

Economic Reservation: SC To Decide The Question Of Reference To Constitution Bench On March 28

The Supreme Court on Monday scheduled for March 28 the hearing on a string of petitions challenging the 103rd Constitutional Amendment which envisages 10% reservation in educational institutions and government employment to the Economically-Weaker Sections (EWS). The bench headed by Chief Justice Ranjan Gogoi assured that the question of consideration of the issue by a constitution...

Supreme Court Weekly Round Up

Teachers Are Entitled To Gratuity, Holds SC After Recalling Erroneous Judgment [Birla Institute of Technology V. State of Jharkhand] Correcting its earlier erroneous judgment, the Supreme Court held that the teachers are entitled to invoke Payment of Gratuity Act for claiming gratuity from his/her employer. The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra...

Mediation In Ram Janmabhoomi-Babri Masjid Case Is Highly Recommended : Fali Nariman

Senior Advocate Fali Nariman has opined that the mediation in Ram Janmabhoomi-Babri Masjid case is highly recommended.""If it is possible, and if all parties are agreeable, then Mediation is not a bad thing. In fact, it is highly recommended. Last year, the UN had passed a Convention for the settlement of all commercial affairs by mediation...Perhaps court-appointed mediation could work....

When Can A 'Cheque Bounce' Complaint Against Director Of Company Be Quashed? SC Answers [Read Judgment]

"The law requires that the complaint must contain a specific averment that the Director was in charge of, and responsible for, the conduct of the company’s business at the time when the offence was committed."

PIL Filed In SC For Guidelines Protecting Rights Of Persons With Disabilities During Air Travel; Notice Issued

The Supreme Court on Friday issued notice on a petition filed by a wheelchair-bound academic, who was not allowed to board a flight in 2017 and has now sought directions to the authorities for safeguarding the rights and dignity of persons with disabilities (PWDs) during air travel.The notice was issued by a bench comprising Chief Justice Ranjan Gogoi, Justice S. Abdul Nazeer and Justice...

Defacement Of Natural Resources and Public Constructions With Politicians' Photos And Slogans: SC Pulls Up TN Govt.

The Supreme Court has pulled up Tamil Nadu Government and has asked it to explain the steps taken with regard to the defacement/disfigurement on rocks, hills, hillocks and also on public constructions, particularly slogans/messages of political nature depicting the photographs of politicians. The order came in a Special Leave Petition filed by 'In Defence of Environment and...

Will The Trial Be Vitiated If The Evidence Of Witnesses Were Taken In The Absence Of Accused? SC To Examine

Will the entire trial and conviction be vitiated for non-compliance of Section 273 IPC? Can de novo trial be ordered if it is found that during the trial several witnesses were examined in absentia of the accused ? The Supreme Court is considering this issue in Atma Ram vs. State of Rajasthan, and has stayed the pronouncement of judgment by the Trial Court after conducting de novo...

SC Discourages 'Dispose Of The Representation' Orders Passed By HCs/Tribunals [Read Judgment]

“Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice."

"When Women Judges Were First Appointed To HC, Male Judges Refused To Sit With Them": Justice Ruma Pal [Video & Full Text]

Speaking on International Women's Day, former Supreme Court judge Justice Ruma Pal recalled how male colleagues initially refused to sit with women judges who were first appointed in the Calcutta High Court but that by the time she was appointed, they had got used to seeing women on the Bench."As a Judge, I have never faced discrimination of any kind in the discharge of my judicial functions...