Arbitration and Conciliation Act, 1996 – Sections 27, 34 and 37 – Contract Act, 1872 – Sections 56 and 65 – Arbitral award – Interpretation of contract – High Court held that the interpretation of the terms of the contract by the Arbitral Tribunal is erroneous and is against the public policy of India HELD The interpretation of the Arbitral Tribunal to expand the meaning of Clause 23 to include change in rate of HSD is not a possible interpretation of this contract, as the appellant did not introduce any evidence which proves the same.
SUPREME COURT OF INDIA FULL BENCH SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) — Appellant Vs. OIL INDIA LIMITED — Respondent ( Before : N.V. Ramana,…
Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. SC To Monitor Beautification Of 18th Century Garden. n
SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR AND ANOTHER — Appellant Vs. ASHISH GAUTAM AND OTHERS — Respondent ( Before : Arun…
Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review HELD(REASONS) Writ Petitions filed under Article 32 of the Constitution of India do not fall within the purview of civil and criminal proceedings. Therefore, the limitations in Order XLVII, Rule 1 do not apply to review petitions filed against judgments or orders passed in Writ Petitions filed under Article 32 of the Constitution of India. Court noted that the Article 137 of the Constitution of India empowers the Supreme Court to review any judgment pronounced or order made by it subject to the provisions of any law made by the Parliament or any rules made under Article 145
Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order] LIVELAW NEWS NETWORK 11 May 2020 4:38 PM The…
[Public Service Recruitment] Judicial Review Should Be Rarely Exercised If Provision For Revaluation Of Answer Sheets Is Absent: SC
[Public Service Recruitment] Judicial Review Should Be Rarely Exercised If Provision For Revaluation Of Answer Sheets Is Absent: SC [Read Judgment] LIVELAW NEWS NETWORK 10 May 2020 1:17 PM “The…
SC Dismisses Plea Seeking Uniform Welfare Scheme for Lawyers In Distress Due To Lockdown
SC Dismisses Plea Seeking Uniform Welfare Scheme for Lawyers In Distress Due To Lockdown [Read Order] Radhika Roy 9 May 2020 9:52 AM The Supreme Court dismissed a petition which…
V IMP :: Plea Challenging Levy Of Interest On Loans During Lockdown: SC Asks SG To Take Instructions From RBI , Centre
Plea Challenging Levy Of Interest On Loans During Lockdown: SC Asks SG To Take Instructions From RBI , Centre [Read Order] Sanya Talwar 8 May 2020 9:21 PM In a…
Gujarat Urban Land (Ceiling and Regulation) Act, 1976 – Sections 6, 9, 10, 10(5) and 20(1)(a) – Physical possession – The settled legal position that it is difficult to take physical possession of the land under compulsory acquisition – HELD Subsequent thereto, the retention of possession would tantamount only to illegal or unlawful possession.HELD that the writ petition filed in the year 2001 by the appellants with limited relief of questioning the Possession Panchnama dated 20.3.1986, suffered from laches.
SUPREME COURT OF INDIA DIVISION BENCH KAPILABEN AMBALAL PATEL AND OTHERS — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…
Civil Procedure Code, 1908 (CPC) – Section 141 – Constitution of India, 1950 – Article 226 – When the petition raises complex questions of fact, which may for their determination require oral evidence to be taken, and on that account the High Court is of the view that the dispute should not appropriately be tried in a writ petition, the High Court may decline to try a petition. HELD we have no hesitation in taking the view that in the facts of the present case, the High Court should have been loath to entertain the writ petition filed by the respondent No. 1 and should have relegated the respondent No. 1 to appropriate remedy
SUPREME COURT OF INDIA DIVISION BENCH PUNJAB NATIONAL BANK AND OTHERS — Appellant Vs. ATMANAND SINGH AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ.…
Specific Relief Act, 1963 – Section 41(f) – Injunction – Section 41(f) of the 1963 Act clearly mandates that an injunction cannot be granted to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance.
SUPREME COURT OF INDIA DIVISION BENCH RATNAGIRI NAGAR PARISHAD — Appellant Vs. GANGARAM NARAYAN AMBEKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. )…
Specific Relief Act, 1963 – Section 34 – Civil Procedure Code, 1908 (CPC) – Order 23 Rule 3A – Transfer of Property Act, 1882 – Section 52 – Bar to suit – Compromise decree – Merely because the appellant was not party to the compromise decree in the facts of the present case, will be of no avail to the appellant, much less give him a cause of action to question the validity of the compromise decree passed by the High Court by way of a substantive suit before the civil Court to declare it as fraudulent, illegal and not binding on him
SUPREME COURT OF INDIA DIVISION BENCH TRILOKI NATH SINGH — Appellant Vs. ANIRUDH SINGH(D) THR. LRS AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. )…






