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Arbitration and Conciliation Act, 1996 — Section 29A(4) — Application for extension of time to make arbitral award — Where an arbitral tribunal is constituted by the High Court under Section 11(6), any application for extension of time under Section 29A(4) would lie with the High Court. Where an arbitral tribunal is constituted by the parties themselves under Section 11(2), the application under Section 29A(4) would lie before the Principal Civil Court of original jurisdiction in a district, which also includes the High Court in its ordinary original jurisdiction. Advocates Act, 1961 — Section 38 — Appeal against Bar Council of India judgment — Professional misconduct — Failure to act with reasonable diligence and absence from Court hearing leading to dismissal of quashing petition — High Court ordered quashing of FIR subject to deposit of costs — Costs not deposited in time, FIR quashing order recalled and petition dismissed — Application to recall dismissal order allowed, quashing restored subject to enhanced costs — Compromise reached between advocate and complainant, misunderstanding about costs resolved — High Court waived enhanced costs — FIR quashed — Complainant filed affidavit withdrawing complaint due to misunderstanding about costs and expressing satisfaction with advocate’s services — Disciplinary Committee of Bar Council of India held advocate guilty of professional misconduct despite withdrawal affidavit — Supreme Court held that disciplinary committee ignored vital aspect of withdrawal affidavit and satisfaction of complainant — Substratum of complaint ceased to exist once dispute was resolved and withdrawn — Finding of professional misconduct unsustainable. Civil Procedure Code, 1908 (CPC) — Section 114A, Rules 17, 27, 28 of West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 — Competency of Gram Panchayat to grant building permission — Not competent if area governed by Act of 1979 and development plan exists — Panchayat Samiti is the competent authority. University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 — Clause 3(c) defining “Caste-based Discrimination” — Incorporation argued as restrictive and exclusionary — Claim that it renders individuals from non-reserved/general classes remediless against caste-based discrimination or institutional bias — Allegation that regulations proceed on unfounded presumption that caste-based discrimination only affects reserved categories. Autism Spectrum Disorder (ASD) — Stem Cell Therapy — Legality — Medical practitioners offering stem cell therapy for ASD as a routine healthcare service is not permissible as it is not recognised as a sound and relevant medical practice due to lack of scientific evidence and efficacy.

Arbitration and Conciliation Act, 1996 — Section 29A(4) — Application for extension of time to make arbitral award — Where an arbitral tribunal is constituted by the High Court under Section 11(6), any application for extension of time under Section 29A(4) would lie with the High Court. Where an arbitral tribunal is constituted by the parties themselves under Section 11(2), the application under Section 29A(4) would lie before the Principal Civil Court of original jurisdiction in a district, which also includes the High Court in its ordinary original jurisdiction.

Advocates Act, 1961 — Section 38 — Appeal against Bar Council of India judgment — Professional misconduct — Failure to act with reasonable diligence and absence from Court hearing leading to dismissal of quashing petition — High Court ordered quashing of FIR subject to deposit of costs — Costs not deposited in time, FIR quashing order recalled and petition dismissed — Application to recall dismissal order allowed, quashing restored subject to enhanced costs — Compromise reached between advocate and complainant, misunderstanding about costs resolved — High Court waived enhanced costs — FIR quashed — Complainant filed affidavit withdrawing complaint due to misunderstanding about costs and expressing satisfaction with advocate’s services — Disciplinary Committee of Bar Council of India held advocate guilty of professional misconduct despite withdrawal affidavit — Supreme Court held that disciplinary committee ignored vital aspect of withdrawal affidavit and satisfaction of complainant — Substratum of complaint ceased to exist once dispute was resolved and withdrawn — Finding of professional misconduct unsustainable.

Penal Code, 1860 (IPC) – Sections 406, 409, 420, 465, 468, 471 and 120B – Prevention of Corruption Act, 1988 – Section 13(1)(d) – Arbitration and Conciliation Act, 1996 – Sections 9 and 17 – Bail application – Arguments of threat to national security cannot accept this contention blind fold- In any case, the prosecution is not remedy less, if a person enlarged on bail, indulges in certain activities – BAIL GRANTED

  SUPREME COURT OF INDIA FULL BENCH JINOFER KAWASJI BHUJWALA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Ashok Bhushan, M.R. Shah and V. Ramasubramanian, JJ. )…

Death Penalty Cannot Be Imposed By Giving Retrospective Effect To POCSO Amendment To An Offence Committed Prior To Amendment HELD “The punishment of not being released till his last breath is punitive enough to send a signal to the society and it cannot be that only the death sentence can send a right signal”

Death Penalty Cannot Be Imposed By Giving Retrospective Effect To POCSO Amendment To An Offence Committed Prior To Amendment: SC [Read Order] Mehal Jain 17 Jun 2020 12:08 PM “The…

SC Allows Woman With Twin Pregnancy To Medically Terminate One Foetus With Down Syndrome HELD Medical board found the foetus suffered from incurable “chromosomal abnormality” and the same is classified in the list of “substantial and serious abnormalities” and no termination of abnormal foetus carries negligible risks to the mother “and is proven extremely safe and large seriies with no maternal deaths”

SC Allows Woman With Twin Pregnancy To Medically Terminate One Foetus With Down Syndrome [Read Order] LIVELAW NEWS NETWORK 17 Jun 2020 9:15 AM The Supreme Court on Tuesday permitted…

Accident – Rash and negligent driving – Compensation – Enhancement of – Orthopedic Surgeon, deposed that the appellant had suffered nine injuries, of which seven were grievous in nature and she had to undergo two surgeries which left her disabled from doing house work .Whole body disability assessed at 32%. HELD Appeal allowed. High Court for inexplicable reasons opined that it would be reasonable to determine the whole body disability at 20%

  SUPREME COURT OF INDIA FULL BENCH SAVITHA — Appellant Vs. M/S. CHODAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and…

Service Matters

Constitution of India, 1950 – Article 32 and 142 – Appointment – Post of Police Sub-Inspector – Selection and appointment of the 133 candidates are passed in the peculiar background of the litigation starting from the advertisement in the year 2004 and several rounds of litigations during the past fourteen years, in exercise of jurisdiction under Article 142 of the Constitution of India and the same shall not be treated as a precedent.

Docid # IndLawLib/1467956 SUPREME COURT OF INDIA FULL BENCH NIRBHAY KUMAR AND OTHERS — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Ashok Bhushan, M.R. Shah…

HELD Invocation of the jurisdiction under Article 32 is not a bona fide recourse to the jurisdiction in a public interest litigation. Consequently, besides dismissing the petition an order directing the imposition of exemplary costs is necessary – This Court accordingly dismiss the petition and impose costs quantified at Rs 5,00,000 on the petitioner.

  SUPREME COURT OF INDIA FULL BENCH UMEDSINH P CHAVDA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud, Hemant Gupta and Ajay Rastogi,…

HELD High Court has committed error in granting only 15% towards future prospects instead of 30% – As per the judgments of this Court primarily the age group is to be considered – Considering the age group as 40 to 50 years, when the multiplier of 13 is maintained by the High Court, there is no reason or justification for reducing the compensation by granting 15% towards future prospects – Appeal allowed.

  SUPREME COURT OF INDIA FULL BENCH M.H. UMA MAHESHWARI AND OTHERS — Appellant Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : N.V. Ramana, R.…

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order HELD “No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out”

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order [Read Order] LIVELAW NEWS NETWORK 12 Jun 2020 10:58 AM The Supreme…

Amrapali : SC Asks Banks To Release Balance Funds To Homebuyers, Despite Accounts Being Declared NPAs HELD “We direct the banks and financial institutions to release loans to home buyers, whose loans have been sanctioned, notwithstanding the fact that their accounts are declared as NPAs. Let there be restructuring of the loan amount”.

Amrapali : SC Asks Banks To Release Balance Funds To Homebuyers, Despite Accounts Being Declared NPAs [Read Order] LIVELAW NEWS NETWORK 10 Jun 2020 9:42 PM In a relief to…

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