Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index

Administrative Tribunals Act, 1985; Section 17 - Power of CAT to punish for contempt - Central Administrative Tribunal Rules 13 & 15 - CAT cannot punish for contempt committed in the face of it without trial when the alleged contemnor denies charges - Procedure under Section 14(1)(c) of the Contempt of Courts Act to be followed- CAT has no power of the Supreme Court under Articles 129 and 142 of the Constitution of India. (Paras 14, 15 & 24) Mehmood Pracha v. Central Administrative Tribunal, 2022 LiveLaw (SC) 692 Arbitration and Conciliation Act 1996 - Can a person who is ineligible to be an arbitrator nominate another arbitrator? Supreme Court refers issue to larger bench. JSW Steel Limited v. South Western Railway, 2022 LiveLaw (SC) 693 Arbitration and Conciliation Act, 1996 - Arbitrator's fee cap is Rs 30 lakhs, ceiling limit applicable to individual arbitrators, not tribunal as a whole. Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw (SC) 723 Arbitration and Conciliation Act, 1996 - Arbitrators cannot unilaterally fix their fee as it violates party autonomy. Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw (SC) 723 Arbitration and Conciliation Act, 1996 - Arbitrators entitled to charge separate fee for claim & counter claim in arbitration proceedings. Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw (SC) 723 Arbitration and Conciliation Act, 1996 - 'Hold preliminary hearings to fix arbitrator's fee': Supreme Court issues directives to govern fees of arbitrators. Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw (SC) 723 Arbitration and Conciliation Act, 1996; Section 11(6), 7 - High Court order proceeds on an understanding that the Counsel for both the sides did not dispute the fact that a clause of the Contract Agreement provided for appointment of an arbitrator - An understanding of counsel, cannot be regarded as a binding statement of law on the existence of an arbitration agreement. (Para 18) Mahanadi Coalfields Ltd. v. IVRCL AMR Joint Venture, 2022 LiveLaw (SC) 657 Arbitration and Conciliation Act, 1996; Section 7 - Principles governing what constitutes an arbitration agreement - Arbitration agreement should disclose a determination and obligation on behalf of parties to refer disputes to arbitration - mere use of the word "arbitration" or "arbitrator" in a clause will not make it an arbitration agreement, if it requires or contemplates a further or fresh consent of the parties for reference to arbitration. (Para 8-9) Mahanadi Coalfields Ltd. v. IVRCL AMR Joint Venture, 2022 LiveLaw (SC) 657 Award of Tender - Contractor cannot be blacklisted for life - One cannot be blacklisted for life. The order of blacklisting to the extent that it has not specified the period cannot be sustained. Chauhan Builders Raibareli v. State of Uttar Pradesh, 2022 LiveLaw (SC) 694 Award of Tender - There is no public duty on the part of the State to indicate the HSN code for GST rates in the tender document - Para 56- We are at a loss to further understand how in the name of producing a level playing field, the State, when it decides to award a contract, would be obliged to undertake the ordeal of finding out the correct HSN Code and the tax applicable for the product, which they wish to procure. This is, particularly so when the State is not burdened with the liability to pay the tax. The liability to pay tax, in the case before us, is squarely on the supplier. (Para 47) Union of India v. Bharat Forge Ltd., 2022 LiveLaw (SC) 691 Benami Transactions (Prohibition) Amendment Act, 2016 - The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. (Para 18.1) Union of India v. Ganpati Dealcom Pvt. Ltd., 2022 LiveLaw (SC) 700 CBSE is only a society registered under the Societies Registration Act, 1860 and the school affiliated to it is not a creature of the statute and hence not a statutory body - CBSE itself is not a statutory body nor the regulations framed by it has any statutory force. Secondly, the mere fact that the Board grants recognition to the institutions on certain terms and conditions itself does not confer any enforceable right on any person as against the Committee of Management - Thus, where a teacher or non teaching staff challenges action of Committee of Management that it has violated the terms of contract or the rules of the Affiliation Byelaws, the appropriate remedy of such teacher or employee is to approach the CBSE or to take such other legal remedy available under law. It is open to the CBSE to take appropriate action against the Committee of Management of the institution for withdrawal of recognition in case it finds that the Committee of Management has not performed its duties in accordance with the Affiliation Byelaws. (Para 28-33) St. Mary's Educational institute v....

Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index

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