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Artificial Intelligence (AI) — Use in Legal Proceedings — Reliance on AI-generated judgments by a court is a serious matter concerning the integrity of the judicial process — Such judgments, if non-existent or fake, amount to misconduct rather than a simple error of judgment — Supreme Court orders examination of consequences and accountability for such practices — Notice issued to the Attorney General, Solicitor General, and Bar Council of India to address this institutional concern. Power Purchase Agreement (PPA) / Power Supply Agreement (PSA) — Interpretation of Contract — Surrounding Circumstances — Evidence Act, 1872, Sections 92, 94, 95 — Contractual terms can be clarified by attending circumstances and conduct of parties, even if contract is reduced to writing, to give meaning to terms that may otherwise be meaningless or unworkable. Arbitration and Conciliation Act, 1996 — Section 31(7)(a) — Interest awarded by Arbitral Tribunal — Contractual bar — Where a contract expressly prohibits the award of pre-award and pendente lite interest, an Arbitral Tribunal cannot award such interest, even if termed as compensation, as the arbitrator is bound by the terms of the contract. Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed. Insolvency and Bankruptcy Code, 2016 — Committee of Creditors (CoC) — Commercial Wisdom — Legislative intent to vest decisive authority in CoC, which comprises financial creditors who bear economic consequences of failure — Decisions on viability, valuation, and haircuts are commercial, not judicial — Courts do not substitute their assessment for that of the CoC — Adjudicatory authority performs a supervisory role, ensuring statutory compliance and procedural fairness, but refrains from second-guessing economic bodies.

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

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).…

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.

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).…

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.   

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)…

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

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…

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.

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.…

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.

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…

Land Acquisition Act, 1894, S. 4 and S.3(c)–Issuance of Notification-­Delegation of authority—State is empowered to appoint any officer other than a Collector or Deputy Commissioner to act as Collector—Such officer is empowered to extent of purpose mentioned in notification designating him as Collector—But relying upon same notification the designated officer cannot act as Collector in respect of other acquisition proceedings-Impugned notification u/s 4 issued by designated officer without being empowered for that is set aside.

2018(4) Law Herald (SC) 2767 : 2018 LawHerald.Org 1610 IN THE SUPREME COURT OF INDIA Before           Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Civil Appeal…

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