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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.

Investigation—Police Diaries–Gists of the interrogation recorded by an investigating officer in his diary cannot be regarded as statements under Section 161(3) Cr. P.C. and assuced is not entitled to any copy of such ‘gists’. Investigation—Statements under Section 161 need to be separated from observations which are recorded under Section 172 in order to make available the statement under Section 161(3) to the accused.

2007(1) LAW HERALD (SC) 765 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 201 of…

Essential Commodities—Act of 1981 did not preclude the authorities from applying the provisions of the MCOCA for offence under Section 3 & 7 of the 1955 Act as well as the 1981 Act. Organized Crime—Sanction of—Investigation—Stringent provisions—Concerned authorities would have to be bound down to the strict observance of the provisions.

2007(1) LAW HERALD (SC) 746 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Special Leave Petition (criminal) Nos.…

Wakf—Once a wakf is created, the wakif stands divested of his title to the properties which after the creation of the wakf vests in the Almighty. Wakf—Once a wakf is created it continues to retain such character which cannot be extinguished by any act of the Mutwalli or anyone claiming through him.

2007(1) LAW HERALD (SC) 740 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 4816 of 2000…

Member of Legislative Assembly—Disqualification for Membership—Leader of BSP party recommended dissolution of the Assembly—13 members of BSP giving a letter requesting the Governor to call upon the leader of Samajwadi Party to form a Government—The act itself would amount to an act of voluntarily giving up the membership of the party on the ticket they had got elected. Defection–Split in party–Mere claim is not enough–To be proved; prima facie, by relevant material.

2007(1) LAW HERALD (SC) 717 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Sema The Hon’ble Mr. Justice Dr. AR.…

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