Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 488 to 516) (May 16 - May 22, 2022)

Arbitration and Conciliation Act, 1996; Section 20 - The appointment of a new arbitrator who holds the arbitration proceedings at a different location would not change the jurisdictional 'seat' already fixed by the earlier or first arbitrator. The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held - Once the jurisdictional 'seat' of arbitration is fixed in terms of sub-section (2) of Section 20 of the Act, then, without the express mutual consent of the parties to the arbitration, 'the seat' cannot be changed. (Para 29) BBR (India) Pvt. Ltd. v. S.P. Singla Constructions, 2022 LiveLaw (SC) 493 Central Civil Services (Fixation of Pay of Reemployed Pensioners) Order, 1986; Para 8 - On reemployment in the government service, an employee who was serving in the Indian Army/in the Armed Forces not entitled to his pay scales at par with his last drawn pay - The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of CCS Order does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces. (Para 5-6) Union of India v. Anil Prasad, 2022 LiveLaw (SC) 513 Code of Civil Procedure, 1908; Order IX Rule 13 - Appeal against judgment of High Court that affirmed the Trial Court order setting aside the ex parte decree but held that the defendants cannot be permitted to file their written statement - Allowed - It should have been left to the Trial Court to consider the prayer of defendants whether to allow them to file written statement or not. Sudhir Ranjan Patra v Himansu Sekhar Srichandan, 2022 LiveLaw (SC) 492 Code of Civil Procedure, 1908; Order IX Rule 13 - When an exparte decree is set aside and the suit is restored to file, the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed exparte. He would be debarred from filing any written statement in the suit, but then he can participate in the hearing of the suit inasmuch cross-examine the witness of the plaintiff and address arguments. (Para 6) Sudhir Ranjan Patra v Himansu Sekhar Srichandan, 2022 LiveLaw (SC) 492 Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be noncognizable. (Para 5.3) Knit Pro International v. State of NCT of Delhi, 2022 LiveLaw (SC) 505 Code of Criminal Procedure, 1973; Section 235(2) - The sentencing hearing contemplated under Section 235(2), is not confined merely to oral hearing but intended to afford a real opportunity to the prosecution as well as the accused, to place on record facts and material relating to various factors on the question of sentence and if interested by either side, to have evidence adduced to show mitigating circumstances to impose a lesser sentence or aggravating grounds to impose death penalty. (Para 205 -212) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a statutory office of high regard. Rather than a part of the investigating agency, they are instead, an independent statutory authority who serve as officers to the court. The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a "thirst to reach the case in conviction". (Para 171 - 177) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 Code of Criminal Procedure, 1973; Section 432 - No express executive power has been conferred on the Centre either under the Constitution or law made by the Parliament in relation to Section 302. In the absence of such specific conferment, it is the executive power of the State that extends with respect to Section 302, assuming that the subject-matter of Section 302 is covered by Entry 1 of List III. A.G. Perarivalan v. State, 2022 LiveLaw (SC) 494 Code of Criminal Procedure, 1973; Section 482 - The ground that "no useful purpose will be served by prolonging the proceedings of the case" cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged. (Para 6.3) Satish Kumar Jatav v. State of U.P., 2022 LiveLaw (SC) 488 Code of Criminal Procedure, 1973; Section 482 - The High Court must pass a speaking and reasoned order in such matters. (Para 6.2) Satish Kumar Jatav v. State of U.P., 2022 LiveLaw (SC) 488 Constitution of India, 1950; Article 136 - Code of Criminal Procedure, 1973; Section 438 - When an accused is absconding and is declared as proclaimed...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 488 to 516) (May 16 - May 22, 2022)

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