One Step Back, Then Three Steps Back: The Unfavourable Pitch of Indian Arbitration
by Dinesh Pardasani†, Bibin Kurian†† and Raghav Mudgal†††
Supreme Court
Never Reported Judgment| When Supreme Court examined the genuineness of receipts for payment in execution of final mortgage decree [(1953) 1 SCC 608]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on execution of mortgage decree.
Supreme Court imposes Rs. 25,000 costs on All India EPF Staff Federation on failure to disclose full facts in a case
“The impugned order passed by the Delhi High Court adequately protects the interests of the Federation as all the appointments have been made subject to the outcome of the pending Writ Petition”
Supreme Court issues notice in MP Bar Association plea claiming exemption from electricity charges
The Bar Association wanted the State Government to bear the electricity expenses of the Bar rooms used for setting the client, conference rooms, etc. in the accommodation within the court premises.
Know Thy Judge | Supreme Court of India: Justice Jitendra Kumar Maheshwari
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court and has served as Chief Justice of two High Courts, Andhra Pradesh and Sikkim High Courts.
S. 102(3) of CrPC | Whether delayed/forthwith non-reporting of seizure to the Magistrate vitiates the seizure order? SC answers
“Section 102(3) was inserted by way of an amendment only in the year 1978, which reintroduced the reporting obligations of police officer to the Magistrate, as it originally existed in the 1882 Code. It also empowered the seizing officer to give custody of the seized property to any person, on such person executing a bond undertaking to produce the property before the Court as and when required.”
Mesne Profits on continuation of possession payable only after ‘expiry of lease’ or even after ‘determination, forfeiture or termination’? SC answers
In the matter at hand, the Court directed the tenant to deposit Rs.5,15,05,512/-, considering the location of the demised premises in the heart of Kolkata, the rent, the alleged non-payment of rent, the default in payment of interest, as alleged.
S. 14(1) Hindu Succession Act | Hindu female must have both possession and acquisition to establish full ownership of undivided joint family property: SC
“Such acquisition must be either by way of inheritance or devise, or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by her own skill or exertion, or by purchase or by prescription.”
Delhi Excise Liquor Policy | SC adjourns Delhi CM Arvind Kejriwal’s plea against HC’s stay on bail for June 26
The Court said that “ASG submitted that the order on stay application will be passed shortly and thus requests for an adjournment. We deem it appropriate that the case be listed the day after and if High Court passes an order meanwhile, then let that be brought on record.”
Never Reported Judgment | Mere deposit of monthly rent by mortgagee not sufficient to establish landlord-tenant relationship between tenant’s mortgagee and landlord of leased property [(1953) 1 SCC 603]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on landlord-tenant relationship.
[NEET UG 2024] Supreme Court issues notice in NTA’s transfer plea; Stays proceedings before High Courts
The stay was on proceedings in petitions filed in Rajasthan, Calcutta and Bombay High Courts regarding the alleged paper leak in the NEET-UG 2024 exam held on 05-05-2024
Explained | Supreme Court’s verdict on retrospective applicability of CrPC in Jammu & Kashmir
Supreme Court said that while we are holding that the requirement of an authorization or an empowerment is mandatory for conveying a complaint, it being at the conclusion of investigation, would not preclude the investigating agency from complying with it thereafter.
SC grants divorce decree after wife resiled from settlement and disregarded terms and conditions agreed in Mediation
“The wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.”
Can Bail be cancelled by the same Court which granted it in the first place? SC answers
“Bail once granted, ought not to be cancelled in a mechanical manner, however, an unreasoned or perverse order of bail is open to interference by the superior Court.”
[NEET UG 2024] Supreme Court issues notice to NTA and Union Govt. seeking response on alleged paper leaks and malpractices
On 13-06-2024, SC has accepted Centre and NTA’s decision to cancel grace marks awarded to 1,563 NEET-UG candidates who did not get the requisite time to finish the exam, with an option to take a re-test later in June.
Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal
Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal began his tryst with law in the 1980s.
SC upholds conviction of man after 34 years, who absconded for 10 years after killing wife in 1990
The wife was found dead in the house in May, 1990. It was after several attempts for years, that the husband was apprehended on 09-08-2000 nearly ten years after the incident.
Never Reported Judgment | Mere mentioning of quota holder’s wrong name in a form’s delivery column does not lead to inference of bad faith [(1953) 1 SCC 600]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on essentiality of mens rea.
SC upholds Delhi HC decision allowing demolition of Pracheen Shiva Temple on Yamuna floodplains by DDA
The Supreme Court rejected to halt the demolition of the temple but clarified that the Temple Samiti was not precluded from pursuing its remedies before the High Court in the pending proceedings.