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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.

-Culpable Homicide–Murder–Sudden Fight–The help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight; (c) without the offender’s having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed–To bring a case within Exception 4 all the ingredients mentioned in it must be found–Penal Code, 1860, Section 300 Exception 4 and Section 304 Part I.

2008(1) LAW HERALD (SC) 423 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam  Appeal (crl.)  12 of 2008 …

Service Matters

Promotion–Relaxation in Rules–There should not be any relaxation in rules unless the eligible and qualified candidates are not available–Relaxation should not be exercised to perpetuate mistake. Promotion–Respondent was promoted though he was not eligible and qualified–Held; mistakes are mistakes and can be corrected by following the due process of law.

2008(1) LAW HERALD (SC) 417 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice J.M. Panchal Civil Appeal No. 5865 of 2007…

Respondent themselves have prayed for mense profits @ Rs. 900/- pm and while granting SLP Supreme Court has directed to deposit Rs. 900/- pm and fact that son of the appellant has inducted a tenant in a premises, adjacent to tenanted premises @ Rs. 20,000/- pm–Interim order of depositing Rs. 20,000/- pm charges to Rs. 5,000/- pm.

2008(1) LAW HERALD (SC) 416 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari  Appeal (civil)  56 of 2008  Sharma…

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