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Arbitration and Conciliation Act, 1996 – Section 34 and 37 – Challenge to arbitral award – Improper constitution of arbitral tribunal – Interpretation of Clause 8.3(b) of the agreement – Co-arbitrators’ power to appoint the presiding arbitrator after 30 days – High Court’s upholding of arbitral tribunal’s decision – Appeals dismissed. Police Recruitment — Criminal Antecedents — Suitability for Appointment — A candidate with criminal antecedents, even if acquitted by giving benefit of doubt, can be deemed unsuitable for police service by the screening committee, as the employer has the right to assess character and integrity for a disciplined force. Tamil Nadu Electricity Board Service Regulations, 1967 — Regulations 10(9), 87, and 97 — Seniority of direct recruits — Determination of date of appointment — A person is considered on ‘duty’ when performing duties of a post or undergoing probation or training — Appointed to a class of service when discharging duties or commencing probation or training — Seniority is determined by rank in the approved list; probation starts from joining duty — Training is part of service, not a reason to exclude it from seniority calculation. — Division Bench misinterpreted Regulations by stating seniority commences from probation start date — Appeals allowed, High Court judgment set aside. Companies Act, 2013 — Sections 241, 242, 244, 59 — Oppression and mismanagement — Interim protection — Supreme Court’s role is to preserve the subject matter of the dispute until the competent forum adjudicates the matter — Interim measures should ensure that the subject matter remains protected while allowing the statutory forum to proceed with adjudication. Indian Penal Code, 1860 (IPC) — Section 302/149 — Murder — Conviction and sentence for life imprisonment — Unlawful assembly and common object — Accused alighting from a bus together, armed with firearms, establishes unlawful assembly with a common object — Vicarious liability under Section 149 IPC applies to all members of the unlawful assembly — Presence in the assembly is sufficient for conviction even without overt acts by each individual.

Dishonour of Cheque—Accused directed to pay compensation of same amount as that of cheque i.e. Rs.7 lakhs. Compensation—Award of compensation (by way of public law remedy) will not come in the way of the aggrieved person claiming additional compensation in a civil court, in the enforcement of the private law remedy in tort, nor come in the way of the criminal court ordering compensation under Section 357 of the Code of Criminal Procedure.

2007(2) LAW HERALD (SC) 1224 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice  Markandey Katju Criminal Appeal No. 1335 of 2005…

Cause of Action—That all necessary facts must form an ‘integral part’ of the cause of action. The fact which is neither material nor essential nor integral part of the cause of action would not constitute a part of cause of action within the meaning of Clause (2) of Article 226 of the Constitution.

  2007(2) LAW HERALD (SC) 1214 IN THE SUPREME COURT OF INDIA Before The  Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 1426…

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