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Arbitration Act 1940 | 30-Day Objection Period Starts When Objector Becomes Aware of Award, Not Upon Formal Notice : Supreme Court
The Supreme Court noted that under the Arbitration Act, 1940 (“1940 Act”), 30-day period for filing objections begins when the objector becomes aware of the award, not upon receiving formal notice“The question for consideration is whether the time for filing a Section 17 application commences when the party seeking to challenge the award receives a formal notice (18.11.2022) of the...
Supreme Court Monthly Round-up: December 2024
IndexCitationsAshok v. State of Uttar Pradesh, Criminal Appeal No. 771 of 2024 2024 LiveLaw (SC) 941Union of India & Ors. v. Saroj Devi 2024 LiveLaw (SC) 942Satish Kumar Ravi v. State of Jharkhand & Anr. 2024 LiveLaw(SC) 943Oachira Parabrahma Temple & Anr. v. G. Vijayanathakurup and Ors., Civil Appeal Nos. 13708 - 13709 of 2024 2024 LiveLaw (SC) 944Irfan Khan v. State (NCT of...
Parental Consent Needed For Children To Join Social Media, Gaming Platforms : Proposal In Draft Digital Personal Protection Rules
The Ministry of Electronics and Information Technology on Friday (January 3) notified the draft rules under the Digital Personal Data Protection Act 2023 for public comments.The draft, among others, proposes to mandate parental consent for data-fiduciaries to process the personal data of children. Data-fiduciaries include social media intermediaries, e-commerce companies, gaming platforms...
For Offence Of False Evidence In A Tribunal, Only Remedy Is Private Complaint; Route Of S.195/340 CrPC Not Applicable : Supreme Court
The Supreme Court held that for the offence of giving false evidence before a Tribunal, the only remedy is to file a private complaint, as the route of Sections 195 read with Section 340 of the Code of Criminal Procedure (CrPC) is available only for offences committed in a proceeding before a Court(and not a Tribunal).Facts of the caseAs per brief facts, the present SLP challenged the...
High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court
The Supreme Court today criticized the High Court's intervention under its Writ Jurisdiction in the Arbitral Proceedings, where it had directed the Arbitral Tribunal to grant additional time for one party to cross-examine another, despite the Tribunal already having provided ample time for cross-examination.Setting aside the High Court's decision, the bench comprising Justices PS Narasimha...
Constructive Criticism Of Judgments Helps In Development Of Law; People Guardians Of Judiciary: Justice CT Ravikumar In Farewell Speech
Justice CT Ravikumar in his insightful and emotional farewell speech today (January 3) expressed the need for constructive criticism of Judgements which are related to the public interest. Speaking at the farewell function organised by the Supreme Court Bar Association (SCBA), he encouraged the practice of public discourse on important decisions which impact society at large. Stressing the...
From Village Boy To Supreme Court Judge : CJI Sanjiv Khanna Lauds Justice CT Ravikumar's Inspirational Journey
Chief Justice of India Sanjiv Khanna on Friday lauded retiring judge Justice CT Ravikumar's inspirational journey to become a Judge of the Supreme Court rising from his humble origins.Speaking at the farewell organised by the Supreme Court Bar Association, CJI Sanjiv Khanna praised Justice Ravikumar for his determination, discipline and integrity as an individual and as a judge. "His journey...
Trial Cannot Be Routinely Transferred Outside State Solely Due To Involvement Of Political Personality: Supreme Court
The Supreme Court on Friday (January 3) orally observed that trial of criminal cases cannot be routinely transferred to another state solely on the ground that a political party is involved.A bench of Justice Abhay S. Oka and Justice Augustine George Masih was hearing Congress Madhya Pradesh MLA Rajendra Bharti's plea to transfer a cheating case filed against him by Jila Sahakari Krishi...
Supreme Court Explains Difference Between Lease & Allotment
The Supreme Court yesterday (on January 02), while deciding a batch of civil appeals, reiterated that terms lease and allotment are different. Lease is a temporary grant whereas allotment though is a temporary right of use and occupation of evacuee but does not include a grant by way of a lease., the Court said.The Bench of Justices C.T. Ravikumar and Rajesh Bindal relied upon a thread...
Accused Who Absconded Can Be Prosecuted Under S.174A IPC Even If Proclamation Under S.82 CrPC Is Extinguished : Supreme Court
The Supreme Court observed that while a proclamation issued under Section 82 Cr.P.C. cannot be enforced if the underlying case is quashed, the accused may still be penalized under Section 174A IPC for failing to appear in response to the proclamation, as it constitutes an independent offence arising from the initial proclamation.The bench comprising Justices CT Ravikumar and Sanjay Karol...
Supreme Court Mulls Extending Order For Colour-Coded Stickers To Identity Fuel-Type Of Vehicles Beyond Delhi-NCR
The Supreme Court on Friday (January 3) emphasized the importance of identifying vehicles by their fuel type using colour-coded stickers in addressing air pollution. The Court observed that merely issuing orders without enforcement would not address vehicular pollution.“Some action has to be taken against vehicles which are not compliant, only passing these orders will not serve any...