[Delhi Air Pollution] Supreme Court orders CAQM to consider allowing physical classes in Schools
This directive came in response to an application filed by the parents of some students seeking the reopening of schools.
Supreme Court
NRJ Series| Spontaneous utterances by deceased, immediately after shooting, falls squarely within Section 6 illustrations (a) of Evidence Act; If believed, can be acted without corroboration [(1954) 2 SCC 214]
This report covers the Supreme Court’s Never Reported Judgment, on Section 6 of Evidence Act, 1872, dating back to the year 1954.
Read why Supreme Court dismissed NOIDA Special Economic Zone Authority’s appeal for claim of Rs. 6 Crore against corporate debtor
The claims pertaining to the transfer fees, etc., cannot be dealt with by courts or tribunals as the same relates to the commercial wisdom of the Committee of Creditors for they are the best persons to determine their interests, and any such interference is non-justiciable except as provided by Section 30(2) of IBC 2016.
Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates
Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.
[Delhi Air Pollution] Supreme Court orders suspension of physical classes for all school students in Delhi-NCR
Supreme Court criticized the delay in implementing GRAP stages III and IV, stating that the CAQM’s approach of waiting for AQI levels to improve before taking action violated its 2018 order, which mandated preventive measures for air pollution.
NRJ Series | Hindu widow’s income derived from husband’s estate to which she succeeds, is her own and at her disposal as her stridhan [(1954) 2 SCC 852]
This report covers the Supreme Court’s Never Reported Judgment, on stridhan, dating back to the year 1954.
SC warns Punjab & Haryana against inaction on stubble burning; Directs for recovery of penalty under S. 15 of Environment Act
The compliance reports filed by the Governments of Haryana and Punjab showed that there were a large number of farm fires. The Court found reluctance on the part of both Governments to act in terms of Section 14 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021.
Supreme Court expresses shock over Goa Govt. defending publication of HC Recruitment Rules different from CJ’s draft
The Goa State notification of High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules, 2023 contained a prefatory statement that they were made by the Chief Justice of the Bombay HC in exercise of the power conferred under Article 229 of the Constitution.
SC clarifies scope of judicial scrutiny under Section 11 of Arbitration Act: Sets aside Bombay HC ruling on appointment of arbitrator
Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.
[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: SC
Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.
‘Existence of arbitration agreement in license agreement and share subscription agreement not in dispute’, Supreme Court refers matter to DIAC for appointment of sole arbitrator
“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”
Bulldozer actions against properties for simply being an accused or convict, unconstitutional; Executive cannot be a Judge and demolish properties: SC
“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one’s head gives satisfaction to any person. If this is to be taken away, then the authority must be satisfied that this is the only option available.”
Supreme Court’s Revival Doctrine and Article 31-C: A Landmark Reinforcement of Constitutional Continuity
by Varun Pathak* and Tejpal Singh Rathore**
Rule 15(1) contravenes legislative intent of RPWD Act; SC directs Union to form mandatory rules to ensure accessibility of public places for disabled
“While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it.”
NRJ Series | Corroboration for dying declaration cannot be provided by a person who himself cannot be relied on without corroboration [(1954) 2 SCC 208]
This report covers the Supreme Court’s Never Reported Judgment, on corroboration for dying declaration, dating back to the year 1954.
Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arises: SC
“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”
Unilateral appointment clauses in public-private contracts violative of Article 14 of Constitution; Arbitrator’s selection from PSUs panel not a mandate: SC
The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
Eligibility criteria for Government jobs cannot be changed midway unless allowed by existing Rules: Supreme Court
“Recruiting bodies subject to the extant rules may devise an appropriate procedure for bringing the recruitment process to its logical end, provided the procedure is transparent non-discriminatory, non-arbitrary, and has a rational nexus with the object sought to be achieved”
NMC to issue fresh guidelines for admitting PwD into medical courses; Assessment Boards to test functional competence of medical aspirants with disability: SC
“Central to the principles of reasonable accommodation and the individualized experience of disability is the right to access legal protections without undue mental hardship. If persons with disabilities must repeatedly turn to the courts to correct the missteps of authorities, then the rights recognized by this Court and the RPWD Act risk becoming hollow assurances.”