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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affidavit and satisfaction of complainant — Substratum of complaint ceased to exist once dispute was resolved and withdrawn — Finding of professional misconduct unsustainable.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

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.

Feb 1, 2026 sclaw
Advocates Act Corporate

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.

Feb 1, 2026 sclaw
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.
Arbitration
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.
Advocates Act Corporate
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.
C P C
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.
Service
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.
Accident

Motor Vehicles Act, 1988, S.166–Accident-Insurance–Pay & Recover- Insurance company held not liable to pay keeping in view breach of terms of policy—Insurance company contended since owner of offending vehicle has been proceeded exparte therefore it will be difficult to trace the owner so they are not liable to first pay and then recover—Contention rejected- Insurance company directed to pay & recover.

Dec 17, 2018 sclaw

2018(4) Law Herald (SC) 2841 : 2018 LawHerald.Org 1746 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Cheque Dishonour

Negotiable Instruments Act, 1881, S.I38—Dishonour of Cheque—Legal enforceable debt—Cheques were issued towards repayment of capital infused by the complainant in the company of accused—Cheques were dishonoured with memo of ‘Stop payment’ and “Insufficient funds”–Accused admitted his signatures—Presumption under S.I39 would operate

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2829 : 2018 LawHerald.Org 1744 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fall Nariman Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No(S).…

Cr P C

Criminal Procedure Code, 1973, S.482—Inherent Power—Stay of proceedings–Presence of parties–When the proceedings are stayed, there is no need for the parties to be in lower court till the stay is vacated or modified by the higher court, which granted the stay.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2828 : 2018 LawHerald.Org 1743 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice S. Abdul Nazeer Transfer Petition(s)(Criminal) No(s).…

I P C

Indian Penal Code, 1860, S.302~Murder—Premature Release—Petitioner has been in jail for over 29 years and with remission total sentence undergone is 36 years—Petitioner has also crossed the age of 60 years—As per rules a person who has crossed 60 years of age and served 16 years of sentence, without remission, is entitled to be considered for premature release- Directed accordingly.   

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2827 : 2018 LawHerald.Org 1742 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph  Hon’ble Mr. Justice S. Abdul Nazeer Writ Petition (Criminal)…

C P C

Pecuniary Jurisdiction—Objection with regard to pecuniary jurisdiction cannot be taken for the first time before the appellate court —Section 21 CPC contains a legislative policy which policy has an object and purpose—The object is also to avoid retrial of cases on merit on basis of technical objections

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2800 : 2018 LawHerald.Org 1741 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal Nos. 9051…

Will & Succession

Family Settlement—Gift deed—A reversioner who consents to an alienation by a widow or other limited right heir made without legal necessity or to an invalid surrender and transferees from him are precluded from disputing the validity of the alienation though he may have received no consideration for his consent.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2789 : 2018 LawHerald.Org 1614 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No.…

Consumer

Medical Negligence—Post surgery ailments—Patient was not able to prove that the ailments which she suffered after she returned from the hospital were result of faulty surgery (removal of Gall Bladder) by the doctor and such aliments were not normal post surgery effect-Complaint dismissed.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2772 : 2018 LawHerald.Org 1611 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Vineet Saran Civil Appeal No.3971…

You missed

Arbitration

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.

Feb 1, 2026 sclaw
Advocates Act Corporate

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.

Feb 1, 2026 sclaw
C P C

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.

Feb 1, 2026 sclaw
Service

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.

Feb 1, 2026 sclaw