Panel Paradox: A Closer Look at Arbitrator Appointments from Interested Party Panels
by Abhisaar Bairagi*, Milind Sharma** and Ausaf Ayyub***
Supreme Court
Know Thy Newly Appointed Supreme Court Judge | Justice Nongmeikapam Kotiswar Singh
Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
Proof of application for Certified Copy from HC must while seeking exemption in filing Certified Copy of Judgment with SLP: Supreme Court
The Supreme Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024.
‘Compliance with Supreme Court direction not a matter of choice’; SC expunges ‘gratuitous’ observations in order passed by Punjab & Haryana HC Judge
“Supreme Court said that it was constrained to take suo motu notice of the 17-07-2024 order as such orders intend to bring entire judicial machinery to disrepute and it also lowers dignity of the High Court as well and such observations were wholly unnecessary”
SC stays Andhra Pradesh HC’s order granting 4.5-year-old child’s custody to father and allowing to take him back to USA
The mother in her undertaking stated that she got a job in Consulate General of India’s office at San Francisco, and that she had applied for US citizenship and duly attended for interview. She had also undertaken to ensure the admission of her son in a good school, co-operation with father and facilitation of visits to son.
‘Only Parliament can include in or exclude from SCs list under A. 341’: A detailed breakdown of Justice Bela Trivedi’s dissent in Sub-classification of SC/STs Verdict
“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”
Read Justice BV Nagarathna’s sole dissent in SC’s verdict on ‘royalty’ as tax and States power to levy cess on mineral rights
“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”
Murder over a ‘Mango’: Supreme Court converts life imprisonment to 7 years rigorous imprisonment with fine
Supreme Court noted that this is not a case of pre-planned murder as the incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased, the father of one of the children, being killed.
SC issues notice in PE teacher’s plea for a higher pay scale after attaining Master’s degree subsequent to joining
Supreme Court noted that petitioner assails the impugned order on ground that the High Court failed to appreciate that the post of PE Teacher stands on a different footing than a teacher in other subjects, as there is no separate category of “Pass Graduate or Hons. Graduate” and there is only one examination for the ‘Pass Graduate’ category for the post of PE Teacher.
Delhi LG not bound by aid & advice of State Government for appointment of aldermen: Supreme Court
The Court upheld the appointment of ten aldermen to the MCD by the Lieutenant Governor without consultation of the State Cabinet.
Inter-Corporate Loans and Deposits: Treatment of Such Debts in Case of Default
by Sidharth Sethi† and Shreya Sircar††
Never Reported Judgment | When Supreme Court declared a sale deed sham/fictitious as no consideration money passed to vendor [(1953) 2 SCC 21]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on determining whether sale deed is a sham.
Judge hearing application under S. 34 Arbitration Act must apply mind to grounds of challenge and deduce whether interference is required: SC
Supreme Court requested the Chief Justice of the Delhi High Court to assign the hearing of the petition under Section 34 to a Judge other than the Judge who heard and passed the impugned order.
Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more
Read July’s share of criminal law discussions at the Supreme Court and various High Courts
Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict
“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”
‘Indra Sawhney did not limit sub-classification to OBCs; Sub-classification of SC/STs permissible’: A point wise breakdown of Majority Ruling in SC’s 6:1 Verdict
“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”
SC calls for performance audit of Maharashtra Slum Areas Act; Emphasises on review of implementation of Statute to ensure Rule of Law
“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”
‘Sub-classification of SC/STs permissible’: SC overrules EV Chinnaiah ruling in 6:1 verdict; Justice Bela M. Trivedi dissents
In E.V. Chinnaiah v. State of A.P., (2005) 1 SCC 394, the Supreme Court five Judge Bench held that Scheduled Castes form homogenous classes and there cannot be any sub-division, and that such sub-classification of SC/STs is contrary to Article 341 of the Constitution.
Supreme Court stays Delhi HC order granting divorce to Chef Kunal Kapur; Refers case for Mediation
Supreme Court has referred the case to the Supreme Court Mediation Centre to explore the possibility of any out-of-court settlement.
Bar Councils cannot charge more than amount specified under S. 24 of Advocates Act as enrolment fees: Supreme Court
Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.