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Justice Manoj Misra is the sitting Judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.
“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.
“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”
“‘Henderson Principle’ is a core component of the broader doctrine of abuse of process, aimed at enthusing in the parties a sense of sanctity towards judicial adjudications and determinations. It ensures that litigants are not subjected to repetitive and vexatious legal challenges. This rule not only supports the finality of judgments but also underscores the ideals of judicial propriety and fairness.”
“Only the Court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC.”
The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
“Central to the principles of reasonable accommodation and the individualized experience of disability is the right to access legal protections without undue mental hardship. If persons with disabilities must repeatedly turn to the courts to correct the missteps of authorities, then the rights recognized by this Court and the RPWD Act risk becoming hollow assurances.”
The 9-Judge Bench unanimously held that Article 31-C of the Constitution remains in force to the extent that it was upheld in Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.
States and Union Territories have been directed to revise and change the prison manuals to end caste-based allotment of work.
Supreme Court acknowledged that the petitioner’s admission had been delayed through no fault of his own. It requested the Director of IIT Dhanbad to utilize his good offices to facilitate the petitioner’s ability to complete the coursework for the time already elapse.
Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
The NGT had directed to restrict the total number of Dhol, Tasha, Zanj Groups to only 30 per group along with real time monitoring of noise pollution around each Ganesh pandal and initiating criminal proceedings against the violators.
“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.
Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.
The National Board of Examinations in Medical Sciences is all set to conduct the exam on 11-08-2024 in two shifts across 416 centres in 170 cities pan-India.
“Courts may direct the cancellation of an examination or approve such cancellation by the competent authority only if it is not possible to separate the tainted candidates from the untainted ones.”