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Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51) Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37) Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39) Telangana Prevention of Dangerous Activities of BootLeggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders etc. Act, 1986 — Section 3(2) — Preventive Detention — Grounds for Detention — Requirement of finding ‘prejudicial to the maintenance of public order’ — Detenu, a ‘drug offender’, was detained based on three criminal cases involving Ganja, with an apprehension that if released on bail, she would engage in similar activities — Held, mere apprehension that the detenu, if released on bail, would be likely to indulge in similar crimes would not be a sufficient ground for ordering preventive detention — Order of detention failed to indicate how the detenu’s activities were prejudicial to ‘public order’ as opposed to ‘law and order’ and was therefore unsustainable. (Paras 3, 5, 8, 9, 10, 11)

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Termination of Pregnancy – All women, married or unmarried, are entitled to safe and legal abortion – Object of Section 3(2)(b) of the MTP Act read with Rule 3B is to provide for abortions between twenty and twenty-four weeks, rendered unwanted due to a change in the material circumstances of women –

SUPREME COURT OF INDIA FULL BENCH X — Appellant Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER — Respondent ( Before :…

Compassionate Appointment – The object is not to give a member of such family a post much less a post for post held by the deceased – respondent a married daughter her elder sister application for appointment already dismissed HELD respondent not dependent on her mother so claim for appointment on death of mother rejected.

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. MS. MADHURI MARUTI VIDHATE (SINCE AFTER MARRIAGE SMT. MADHURI SANTOSH KOLI) — Respondent ( Before…

Bail – HELD order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of SCOI – the interests of the criminal justice system in ensuring that those who commit crimes are not afforded the opportunity to obstruct justice. Judges are duty-bound to explain the basis on which they have arrived at a conclusion.

SUPREME COURT OF INDIA DIVISON BENCH AMINUDDIN — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

HELD income of the Deceased is computed by adding the amount awarded under the two parts ( Rs 10,93,000/- + Rs 2,50,000/-), which comes to Rs 13,43,000/-. In terms of Pranay Sethi (2017) 16 SCC 680, forty per cent of the income has to be added towards future prospects, which would come to Rs 18,80,200/-. After deducting one-fourth towards personal expenses as per Sarla Verma  , the net amount comes to Rs 14,10,150/- per annum. Applying the multiplier of 16, the total loss of dependency on account of the Deceased’s income is calculated at Rs 2,25,62,400/-. We further grant compensation under the remaining conventional heads as per the decisions in Pranay Sethi Satinder Kaur (2021) 11 SCC 780

SUPREME COURT OF INDIA DIVISON BENCH K. RAMYA AND OTHERS — Appellant Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : Surya Kant and V. Ramasubramanian, JJ.…

Land Acquisition – When the matter relates to the payment of amount of compensation to the land losers, if at all two views are possible, the view that advances the cause of justice is always to be preferred rather than the other view, which may draw its strength only from technicalities.

SUPREME COURT OF INDIA DIVISON BENCH KAZI MOINUDDIN KAZI BASHIRODDIN AND OTHERS — Appellant Vs. THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION, THROUGH ITS SENIOR REGIONAL MANAGER REGIONAL OFFICE, MTDC, AURANGABAD, MAHARASHTRA…

HELD flat owners subsequently forming a cooperative society land allotted to builder who made construction HELD since the land was not allotted to a society but to a builder on lease, who has constructed flats for private individuals, who have subsequently formed a Cooperative Society, the 1983 Resolution and 1999 Resolution would not be applicable to the members of such a society.

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. MR. ASPI CHINOY AND ANOTHER — Respondent ( Before : B.R. Gavai and B.V. Nagarathna,…

HELD specifically rejected the contention that writ under Article 32 was barred or not maintainable with reference to an issue which was the subject matter of an earlier decision. – that the right to privacy is a fundamental right. No doubt that the right to information is also a fundamental right. In case of such a conflict, the Court is required to achieve a sense of balance – petitioners relegated to file writ under Art 32 to protect fundamental rights of its customers.

SUPREME COURT OF INDIA DIVISON BENCH HDFC BANK LTD. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ.…

High Court has not considered the seriousness and gravity of the offence alleged against the respondent – High Court has also not noticed and/or considered that a non-bailable warrant was issued against accused and thereafter, he was arrested in the year 2021 – Order releasing respondent is hereby quashed and set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISON BENCH BOHATTI DEVI — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. )…

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