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Supreme Court Flags Failure Of New Arbitration Bill In Providing Statutory Appeal Against Arbitral Tribunals' Termination Orders
The Supreme Court criticised the new Arbitration and Conciliation Bill for failing to address the ambiguity regarding the relief against an arbitral tribunal terminating the proceedings, noting that the new Bill made no effort to remedy this gap in the law."It is indeed very sad to note that even after these many years, procedural issues such as the one involved in the case at hand,...
Bail Can't Be Cancelled Merely For Non-Apperance In Police Station When Chargesheet Is Filed & Accused Attending Trial : Supreme Court
The Supreme Court has held that bail cannot be revoked merely because an accused failed to report to a police station at periodic intervals, particularly once the investigation has concluded and trial has commenced. The judgment came in an appeal filed by Sheikh Irshad @ Monu, whose bail had been cancelled by the Bombay High Court, Nagpur Bench, on the State's plea. A Bench comprising...
Non-Signatory Which Isn't A Veritable Party Cannot Invoke Arbitration Clause : Supreme Court
The Supreme Court on Tuesday (December 9) held that a non-signatory to an arbitration agreement cannot invoke the arbitration clause against a party with whom it shares no legal relationship and where there is no indication of any intention to bind the non-signatory to the main contract. A bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan heard the matter, where the...
Supreme Court Expresses Shock At UP Bar Council Conducting 'Oral Interviews' For Enrollment & Charging Rs 2500 Per Candidate
While expressing shock at how the Uttar Pradesh Bar Council found a way to circumvent last year's judgment restricting the lawyers' enrolment fees to Rs. 750, the Supreme Court issued notice and directed the State Bar Council to file an affidavit explaining the same. A petition was filed before the Supreme Court claiming that the Uttar Pradesh Bar Council is charging Rs. 2500 for appearing in...
Opposition MPs Move Impeachment Motion Against Madras HC Judge GR Swaminathan
Members of Parliament from the DMK and other opposition parties have moved a motion before the Lok Sabha Speaker seeking the impeachment of Madras High Court judge Justice GR Swaminathan.Dated December 9, this motion has been moved seeking removal of Justice Swaminathan under Article 217 read with 124 of the Constitution. The signatories (107) include DMK leaders TR Baalu, A Raja, Kanimozhi...
After Staying Menstrual Leave Order, Karnataka High Court Agrees To Hear State Tomorrow
Hours after staying the Karnataka Government's order to grant menstrual leave, the Karnataka High Court today afternoon decided to hear the State and other parties tomorrow on the interim relief.It may be noted that while hearing the petitions at 10.30 am, the Court had, by way of an interim order, stayed the November 20 government notification.However, before the lunch break, Advocate...
If Arbitral Tribunal Terminates Proceedings For Not Paying Fees, Remedy Is To Seek Recall & Then Invoke S.14(2) : Supreme Court
The Supreme Court has held that an arbitral tribunal is legally empowered to terminate proceedings under Section 38(2) of the Arbitration and Conciliation Act, 1996 when a party fails to pay its share of the arbitrator's fees.Once such a termination occurs, the remedy available to the party is to seek the recall of the order before the Tribunal itself. If the recall application is dismissed,...
'First Acquire Citizenship, Then Voter Status': Supreme Court On Plea To Include CAA Applicants In Rolls During SIR
The Supreme Court on Tuesday (December 9) asked how persons who have applied for citizenship on the basis of the relaxation given by the Citizenship Amendment Act 2019 can be provisionally included in the voters' list before a final determination of their citizenship status.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by an...
'Is West Bengal Situation So Unique To Put Police Under ECI?' Supreme Court On Plea Alleging Obstruction Of BLOs During SIR
The Supreme Court on Tuesday issued notice to the Election Commission of India on a petition filed by an organisation named Sanatani Sangsad seeking directions to deploy the State Police officers under the ECI's deputation till the final publication of electoral rolls of the State of West Bengal after the Special Intensive Revision (SIR).The Court also issued notice to the State of West Bengal...
Supreme Court Defers Plea To Extend Kerala SIR Deadline; Posts On December 18
The Supreme Court on Tuesday refused to pass orders to extend the deadline for the submission of enumeration forms in the Special Intensive Revision (SIR) of electoral rolls in Kerala. The Court deferred the matter till December 18, the present deadline, and will take a call then on whether to pass further extension.A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi...
'Failure To Name Known Accused In FIR A Crucial Omission', Supreme Court Sets Aside Murder Conviction
The Supreme Court on Monday (December 8) set aside the conviction of a man in a murder case, observing that the prosecution's case failed to prove the guilt beyond a reasonable doubt due to a crucial omission in the FIR, where the informant, despite knowing the accused's identity, failed to name him in the FIR. A Bench of Justice Vikram Nath and Justice Sandeep Mehta heard the case, noting...