Duty Of Every Arbitral Tribunal & Court To Examine What The Contract Provides : Supreme Court

The Supreme Court recently emphasised that the courts and arbitral tribunals have the duty to examine the contract clauses in proceedings concerning arbitration.While upholding Calcutta High Court's decision to set aside the arbitrator's decision to award the amount for loss due to idle machinery and labour despite it being prohibited under the contract, the Court said : “In fact,...

'Similarly Placed Employees Discriminated' : Supreme Court Directs Regularization Of Worker Who Served For 30 Years

The Supreme Court recently granted the relief of regularization to a woman engaged as "water woman" (sweeper) with the Posts and Telegraph Department, Gujarat, who served the Department for over 30 years but was not regularized, even though another similarly placed woman employee was conferred the benefit.Opining that the Department discriminated between two similarly placed employees, a bench...

Employees Governed By Different Rules & Having Different Duties Can't Claim Parity Merely Based On Same Qualification: Supreme Court

The Supreme Court (recently on August 22) observed that a different set of employees, who are governed by different set of rules and have different duties, are not entitled to benefits extended to another group of employees merely because they obtaining the same qualification. Briefly put, the facts of the present case revolved around a letter issued by the Indian Council of...

High Time Supreme Court Acts To Stop 'Bulldozer Justice'

'Bulldozer justice' is a euphemism for instant retributive action against accused persons whereby their homes are demolished with much fanfare. In sensational cases where there is a lot of public outcry, authorities often resort to this 'short-cut' method to assuage public sentiments. The trend was initiated by Uttar Pradesh Chief Minister Yogi Adityanath, who is 2017 reportedly stated, “My government will bulldoze houses of anyone even thinking of perpetuating crime against women and...

Use Of Artificial Yellow Colouring 'Tartrazine' In Permitted Food Items Not Offence Of Adulteration : Supreme Court

The Supreme Court in its recent order has held that the use of artificial yellow food coloring- Tartrazine in food items like Dal Moong Dhuli cannot penalized as an offence under the Prevention of Food Adulteration Act, 1954 (PFA Act). The bench of Justices BV Nagarathna and NK Singh held the conviction of the appellant as erroneous, since the use of Tartrazine was permitted under the...

Consumer Protection Act - Dominant Purpose To Be Looked Into To Ascertain Whether Transaction Was Commercial: Supreme Court

While dealing with the issue whether a real estate company that purchased a flat for the personal use of its Director is a "consumer" under Section 2(7) of the Consumer Protection Act, the Supreme Court recently reiterated that deciding the intended use of the purchased goods (personal or commercial) would depend on the facts and circumstances of each case."It is the dominant intention of...

Supreme Court Warns States/UTs Which Haven't Given Information On Open Prisons

The Supreme Court on August 20 directed the State Government and Union Territories to provide complete information on the functioning of Open Correctional Institutions within four weeks in a batch of petitions filed by human rights activist Suhas Chakma flagging the issues of congestion of prisons, rehabilitation of prisoners and regarding legal aid in prisoners. As for the issue of...

Judge Not Post Office Of Prosecution, Must Apply Judicial Mind To Determine If Case For Trial Is Made : Supreme Court

While quashing two orders passed by the Special Judge, CBI in a corruption case against the appellant Karnataka EMTA Coal Mines Ltd, the Supreme Court on August 23 held that the CBI judge failed to apply his mind to determine whether a case for trial was made out by the prosecution at the discharge stage under Section 227 of the Code of Criminal Procedure, 1973 (CrPC).The Court said that...

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court

The Supreme Court (on July 23) reiterated that dishonour of cheque cases can be compounded under Section 147 (Offence to be compoundable) of the Negotiable Instruments Act (N.I. Act) only with the consent of a complainant. In the present case, the High Court had compounded the offence, even though the appellants/ complainant had not consented, by invoking its inherent power...

Supreme Court Weekly Round-Up (19 August-24 August, 2024)

Live Law has got you covered with all the latest updates of this last week. This includes the orders passed by the Supreme Court in RG Kar Hospital Rape & Murder case, the judgment passed "In Re: Right to Privacy of Adolescents” and much more. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during...

'Husband Who Slept In Same Room Escaped Unscathed When Wife Died Due To Burn Injuries' : Supreme Court Affirms Conviction For Dowry Death

Recently, the Supreme Court upheld the conviction of the husband in a 30-year-old dowry death case after the presumption of dowry death under Section 113B of the Indian Evidence Act was not discharged by the husband.The Court said that when the prosecution discharged the initial burden of proof that the death of the deceased was subjected to harassment and cruelty and had occurred within...

Young Citizens Yearn For Good Governance : Justice Sanjiv Khanna

Justice Sanjiv Khanna, Judge of the Supreme Court, highlighting that more than 65% of India's population is below 35 years old, said on Sunday that the young citizens yearn for good governance."In my opinion, the young citizens, the torchbearers, seek more than just basic norms and rights. They yearn for good governance," Justice Khanna said speaking at the the concluding ceremony of...