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'Arbitrator Interpreted Contract Contrary To Railway Policies' : Supreme Court Sets Aside Award Against IRCTC
The Supreme Court on Friday (November 7) set aside the multi-crore arbitral award passed against the Indian Railways Catering and Tourism Corporation Limited (“IRCTC”), holding that the arbitrator had impermissibly "rewritten the contract" between the parties. “Rewriting a contract for the parties would be a breach of the fundamental principles of justice, entitling a Court to...
Challenge To Tribunal Reforms Act | Appointments Being Made From Wait List Ignoring Merit List, Lawyers Tell Supreme Court
The Supreme Court yesterday, while hearing the challenge to the Tribunals Reforms Act, 2021, was informed of the issue of appointments to the tribunals being made from the wait list candidates over those in the merit list. The Bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran was hearing the Madras Bar Association case concerning the validity of the...
Bihar Assembly Elections : Supreme Court Refuses To Entertain RJD Candidate Shweta Suman's Plea Against Rejection Of Nomination
The Supreme Court yesterday refused to entertain the plea by RJD (reserved category) candidate Sweta Suman challenging her rejection of nomination for the Bihar State Assembly elections.The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the challenge to the Patna High Court order. The Patna High Court on November 4 refused to entertain the writ petition filed by Suman. The...
Supreme Court Directs Trial Courts To Pass Orders For Victim Compensation In Criminal Cases To Ensure Timely Disbursal
In a significant step to strengthen the victim compensation framework, the Supreme Court has directed all Special and Sessions Courts across the country to issue appropriate directions for the payment of victim compensation in eligible cases. The Court observed that the absence of such directions from trial courts has become a major impediment to victims receiving compensation under...
Free Legal Aid Cannot Be Poor Legal Aid : Justice Vikram Nath
Justice Vikram Nath of the Supreme Court recently reiterated that the quality of legal aid for the poor cannot itself be poor. He said that if legal aid is only rendered in form but not in spirit, it may follow the procedure, but then it fails the Constitution and therefore, the true idea of justice itself. This is because an essential facet of Articles 21 and 39A of the Constitution is meant...
Coparcener's Release Deed Immediately Divests Rights In Joint Family Property; Unregistered Family Settlement Admissible To Prove Severance: Supreme Court
The Supreme Court on Thursday (November 6) observed that a registered relinquishment deed releasing share of a coparcener in the joint family property, operates immediately regardless of its implementation. “A release by a coparcener for consideration operates immediately to divest his subsisting coparcenary interest; it does not depend for its efficacy on any further act...
Supreme Court Constitutes Committee Headed By Former Allahabad HC Judge To Resolve 20-Year Old Stalled Housing Project In Greater Noida
The Supreme Court has directed the constitution of a one-member committee headed by Justice Pankaj Naqvi (Retd.), former Judge of the Allahabad High Court, to conduct an independent inquiry into the long-pending housing dispute involving the Shiv Kala Charms Project in Greater Noida. The case, pending for nearly two decades, involves hundreds of defrauded homebuyers who had invested in...
Supreme Court Issues Notice On Plea Seeking One-Third Reservation For Women In State Bar Councils
The Supreme Court on Friday issued notice on a plea filed by advocate Shehla Chaudhary seeking reservation of one-third of seats for women in all State Bar Councils across India, including at least one office-bearer post on a rotational basis.“In the Constitution of India, the principle of gender equality has been enshrined in its preamble, fundamental rights, fundamental duties and...
Supreme Court Prohibits Use Of 'Split Multiplier' In Motor Accident Claims, Holds That Income At Time Of Death Must Be Considered
The Supreme Court has delivered a significant ruling on the computation of compensation in motor accident claim cases, holding that the 'split multiplier' method should not be applied. The Court clarified that compensation must be calculated solely on the basis of the deceased's income at the time of death. “we hold that the income as on the date of death is to be taken to calculate...