Bringing you the Best Analytical Legal News
Court explained that POSH Act does not expressly prohibit the Appellate Authority to pass an interim order and once the appellate authority has the power to set aside impugned proceedings, it can be construed that the appellate authority also has implied power to consider passing of interim order of stay as well.
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The Chief Justice of India nominated Justice Surya Kant in exercise of his powers under Section 3-A of Legal Services Authorities Act, 1987.
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Referral courts, at the stage of deciding an application for appointment of arbitrator, must not conduct an intricate evidentiary enquiry into the question whether the claims raised by the applicant are time barred.”
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The Court recalled a previous judgment dated 25-8-2022 on the ground that the errors apparent on the face of the record in that decision went to the root of the reasoning on both the issues of limitation and specific performance.
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On 11-11-2024, President of India administered the oath of office to Justice Sanjiv Khanna who was elevated to the Supreme Court as Judge on 18-1-2019 and is due to retire on 13-5-2025, which means he will have a tenure of 6 months as Chief Justice of India.
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The Court clarified that the ‘Closest Connection Test’ for determining the seat of arbitration is no longer a viable criterion for determination. The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract.
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Great expectations followed Dr Justice DY Chandrachud when he was elevated to the post of Chief Justice. As he retires, we take a look at his extensive tenure of 8 years in the Supreme Court, with 2 years being the 50th Chief Justice of India.
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The Court noted that the 2021 decision was rendered without taking note of the relevant statutory scheme under Customs Act, 1962 and government circulars and notifications issued which empowered the officers of Directorate of Revenue Intelligence (DRI) to issue show cause notices.
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The Court pointed out that there is no embargo on considering the plea of absence of sanction, after cognizance is taken by the Special Court of the offences punishable under Section 4 of the PMLA.
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The Court said that governmental entities must be treated in a similar fashion to private parties insofar as proceedings under the Arbitration Act are concerned, except where otherwise indicated by law.
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A Division Bench of Allahabad High Court in March 2024, had declared the Madarsa Act to be unconstitutional for being violative of the principle of Secularism, Articles 14, 21 and 21-A of the Constitution and violative of Section 22 of UGC Act, 1956.
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This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.
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“Appellate Courts must also keep in mind that the conditions imposed while suspending sentence of fine, should not be such that they are impossible to comply with, for such condition may amount to defeating the appellant’s right of appeal against the order of conviction.”
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Justice Tashi Rabstan was earlier recommended to be appointed as Chief Justice of Meghalaya High Court; however, the SC Collegium modified its proposal to recommend him as Chief Justice of his parent High Court of J&K and Ladakh.
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“This was not an internal spark but it was a heavy vibration that the roter and the other components rubbed causing the spark of fire at the exciter end that propagated towards the generator. The exclusion clause therefore would not apply”.
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“The Court should also pass orders only based on the written instructions, to enable it to fix the liability on the correct officials, responsible for any such wrongful representations/ instructions”.
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The Court pointed out that small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.
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Late Justice K.S. Puttaswamy played a crucial role in the recognition of the Right to Privacy as a fundamental right.
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The Court also referred to multiple High Court decisions regarding the issue of using Aadhar card to determine age and clarified that it has not expressed any view on the merits of those cases.
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The Court further explained that Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission order. Every case of breach cannot invite cancellation of the remission order.
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