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Arbitration | Post-Award Section 9 Application By Unsuccessful Party Maintainable In Exceptional Cases : Supreme Court
The Supreme Court on Tuesday (August 11) held that to prevent an award holder's enrichment of a bank guarantee while an award was under challenge, an interim relief under Section 9 of the Arbitration & Conciliation Act, 1996 can be extended on an award debtor's application to preserve the efficacy of the challenge in Section 34. A bench of Justice KV Viswanathan and Justice Alok...
Court Auction Sale Certificates And Stamp Duty
The Indian Registration Act, 1908 and the Indian Stamp Act, 1899 are two distinct statutes governing separate aspects of the legal validity of instruments. Though both statutes may operate upon the same instrument, they function independently and serve different legislative purposes.Whenever an instrument that is chargeable with stamp duty is executed, it must be engrossed on stamp paper of sufficient value as prescribed under the Schedule to the Stamp Act. Even where an instrument is not...
Supreme Court Allows Kerala Bar Council Elected Members To Approach HC Chief Justice For Co-Option Of Women
The Supreme Court on Wednesday paved the way for the constitution of the newly elected Bar Council of Kerala (BCK), allowing its elected members to approach the Chief Justice of the Kerala High Court for co-option of two women members.A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana observed that the Supreme Court had, in an order passed on...
POCSO Act | Meghalaya High Court Denies Bail To Two Teachers Accused Of Sexually Assaulting 5-Year-Old
The Meghalaya High Court has refused to grant bail to two teachers accused of sexually assaulting a five-year-old student inside a school washroom, observing that allegations of sexual assault against children must be viewed seriously given their vulnerability and the trauma such acts can cause. The Court held that the survivor's statement prima facie made out a case of sexual assault against...
Apollo Hospital Liable For Deficient Post-Operative Care After Patient Suffers Paralysis; NCDRC Awards ₹15 Lakh
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising President Justice A.P. Sahi and Member Bharatkumar Pandya, has partly allowed a consumer complaint against Satguru Pratap Singh Apollo Hospitals, Ludhiana, holding the hospital, Dr. M. Deepinder Singh and Dr. Gaurav Kuthiala liable for deficiency in post-operative care. The Commission held that...
Surat Municipal Commissioner Transferred: Gujarat Govt Informs High Court Amid 'Illegal' Demolition Row
In a plea concerning a demolition drive carried out in Surat's Nasir Nagar in June, the Gujarat Government informed the High Court on Wednesday (August 12) that concerned Commissioner of Surat Municipal Corporation has been transferred and appointed to a different post. This, after the high court had on Monday asked the State Government to inform as to why Surat Municipal Commissioner and...
Supreme Court Agrees To Hear Plea Against Disruption Of Services Due To Protests
The Supreme Court on Wednesday agreed to hear a plea concerning the disruption of essential services during protests and rallies, and directed that the petition be tagged with a pending petition seeking to stop the use of Jantar Mantar as a designated venues for protests in the national capital.During the hearing, Advocate V Elanchezhiyan, appearing for the petitioner, submitted that...
Supreme Court Defers Cauvery Dispute Hearing To August 17
The Supreme Court on Wednesday deferred to August 17 the hearing on Tamil Nadu's plea seeking directions to Karnataka to comply with the Cauvery Water Management Authority's (CWMA) decision on the release of Cauvery water.The Chief Justice of India Surya Kant informed that Justice Vikram Nath, who was to hear the matter on August 13, has fallen ill. Senior Advocate P Wilson mentioned...
Can Legislative Privileges Override Free Speech? Supreme Court 7-Judge Bench To Hear 2003 TN Speaker Case On October 6
The Supreme Court will begin hearing on October 6 a long-pending constitutional question concerning the scope of legislative privileges enjoyed by Members of Legislative Assemblies (MLAs) and their interplay with the fundamental right to freedom of speech.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and and Justice V. Mohana, on Wednesday decided to...
