Month: May 2017

Arbitration and Conciliation Act, 1996 – Section 31(5) and Section 34(3) – Arbitral award – Service on agent of party – Signed copy of award has to be delivered to party – When a copy of signed award is not delivered to party himself it would not amount to compliance with provisions of Section 31(5) – Any reference made in Section 31(5) and Section 34(2) can only mean party himself and not his agent or Advocate

  (2012) 4 ARBLR 81 : (2012) 111 CLA 65 : (2013) 115 CLT 468 : (2012) 5 CTC 519 : (2012) 9 JT 111 : (2012) 4 RCR(Civil) 584…

The reference to arbitrator does not suggest an obligation having been cast on the arbitrator to give reasons for the award. Such a plea, as has been urged in this Court, was not taken by the Respondents before the arbitrator. Even in the objections filed in the Court, the validity of the award has not been specifically questioned on the ground of its having been given in breach of any obligation of the arbitrator to give reasons as spelled out by the arbitration clause

  AIR 2015 SC 125 : (2014) AIRSCW 5458 : (2014) 10 SCALE 313 : (2014) 9 SCC 212 : AIR 2015 SC 125 : (2014) 3 ARBLR 470 :…

The Court has always clarified that the punishment so awarded would be subject to any order passed in exercise of the clemency powers of the President of India or Governor of State, as the case may be. Pardons, reprieves and remissions are granted in exercise of prerogative power. There is no scope of judicial review of such orders except on very limited grounds for example non- Application of mind while passing the order;

(2013) 4 RCR(Criminal) 192 : (2013) 10 SCALE 671 : (2013) 10 SCC 631 SUPREME COURT OF INDIA GURVAIL SINGH @ GALA — Appellant Vs. STATE OF PUNJAB — Respondent…

Constitution of India, 1950 – Article – 144 – Review of application – Whether the admission is of a sale or an agreement to sell – Article 144, requires all authorities, civil and judicial in the territory of India to act in aid of the Supreme Court – It was imperative for the High Court, to have decided the questions that it was required to decide by this Court’s order dated 19-12-1997.

  (1999) 9 JT 123 : (1999) 5 SCC 622 SUPREME COURT OF INDIA BHARAT BUILDER PVT. LTD. AND OTHERS — Appellant Vs. PARIJAT FLAT OWNERS COOP. HOUSING SOCIETY LTD.…

You missed

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.