SCC Online Weekly Rewind Episode 27 ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode can be watched and read below.
Supreme Court
“There is a disturbing tendency of courts setting aside arbitral awards …”: SC upholds arbitration award of Rs 2728 crore plus interest in favour of Delhi Airport Metro Express (P) Ltd.
A Division Bench comprising of L. Nageswara Rao and S. Ravindra Bhat, JJ. upheld the arbitration award of Rs 2782.33 crore plus interest made by the Arbitral Tribunal in favour of Delhi Airport Metro Express (P) Ltd. The Supreme Court reversed the judgment of the Division Bench of the Delhi High Court which had interfered with the Tribunal’s award. While so deciding, the Supreme Court also observed that:
“There is a disturbing tendency of courts setting aside arbitral awards, after dissecting and reassessing factual aspects of the cases to come to a conclusion that the award needs intervention …”
Read the Full report on the SCC Online Blog here.
If public transportation has to survive and compete with private players, they have to improve system and their working culture | Read SC’s opinion on liability of railways towards passengers for delayed train arrival
While addressing the matter wherein a passenger suffered loss and agony due to delay in the arrival of train, Supreme Court upheld the decision of NCDRC granting compensation to the passenger as
No evidence was led by the railways explaining the delay and/or late arrival of train. The railways were required to lead the evidence and explain the late arrival of train to establish and prove that delay occurred because of reasons beyond their control.
At least the railways were required to explain the delay which the railways failed.
Court also observed that:
These are the days of competition and accountability. If public transportation has to survive and compete with private players, they have to improve the system and their working culture.
Read the link here.
SC upholds Govt.’s decision to extend tenure of incumbent Director of Enforcement beyond two years, but orders no further extension to be granted
While upholding the Central Government’s order extending the tenure of the incumbent Director of Enforcement Sanjay Kumar Mishra for a period of one year, The Supreme Court held that there is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two years. Interpreting Section 25 of the Central Vigilance Commission Act, 2003 which prescribes the minimum tenure of the Director of Enforcement, the Court observed:
“The words ‘not less than two years’ cannot be read to mean ‘not more than two years’ and there is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two years.” Read here.
Nothing wrong with OBC Reservation for consecutive term for the office of Mayor; SC interprets Maharashtra Rules
Supreme Court set aside the judgment of the Aurangabad bench of the Bombay High Court wherein it was held that the reservation of the Office of Mayor for the Dhule Municipal Corporation for Backward Class (OBC) for a second term, coupled with the fact that there has been no reservation for the Scheduled Caste category, amounted to violation of rotation policy.
Explaining the rules for interpreting a Statute, the Court said,
“… the Court will have to prefer an interpretation which makes the Statute workable. The interpretation which gives effect to the intention of the legislature, will have to be preferred. The interpretation which brings about the effect of result, will have to be preferred than the one which defeats the purpose of the enactment.”
Read here
“Writing judgments is an art”: Pained by lack of clarity in HC order, Supreme Court explains importance, purpose, contents and elements of a judgment
The Supreme Court found itself at pains to note that the order passed by the Allahabad High Court granting bail to murder convicts lacked total clarity as to which part of the judgment and order could be said to be submissions and which part could be said to be the findings/reasonings. Observing that writing judgment is an art, though it involves skilful application of law and logic, the Supreme Court said:
“It is very unfortunate that by this judgment, we are required to observe the importance of judgment; purpose of judgment and what should be contained in the judgment.”
Read the detailed report on SCC Online Blog here.
Advocate trying to stall elevation of judicial officer as Judge of Telangana HC: Supreme Court terms writ petition ‘gross abuse of process of law’, imposes 5 lakh as costs
In a petition filed by an advocate seeking to stall elevation of a judicial officer as a Judge of the Telangana High Court, The Supreme Court said that the petition was a gross abuse of the process of law and imposed costs of Rs 5 lakh on the petitioner.
Supreme Court said that it was surprised at the brazenness of the petitioner now filing a petition under Article 32 of the Constitution. It was observed:
“We are surprised as the brazenness of the petitioner now filing the present petition under Article 32 of the Constitution of India, the aforesaid being the finding against him, to now somehow see that the elevation of [the Registrar General] does not take place on the account of these proceedings initiated by the petitioner. This is gross abuse of process of law.”
Link here.
High Court
Madras HC
Madras HC on setting up Benches of Supreme Court: An Indian, from a far-flung corner, has been unable to approach great Citadel of Justice, hailed as the ‘sentinel on the qui vive’
While observing that the Litigants are compelled to accept the wrong orders in view of inaccessibility to New Delhi and the exorbitant expenses towards engaging a counsel, the Madras High Court , emphasized that,
When approaching the Supreme Court by a common man remains in dreams only, it would amount to denying justice.
Justice Kirubakaran further made a very significant point that:
Supreme Court is the custodian of rights of not only the litigants but also the entire population. Time has come to establish Benches of Supreme Court at other places apart from New Delhi.
When people are aware of their rights, they should have accessibility and affordability to reach every level of hierarchy of Courts.
To read this very interesting report of Madras HC decision, Check out the SCC Online Blog here.
Tripura High Court
To determine emergent and immediate exigencies, authorities concerned must be rationale; Court allows petition of reimbursement of medical bills of judicial officer and wife
A retired Judicial Officer went on a family tour and during the said tour he fell seriously ill and consulted with the Doctor. Further his wife also fell ill and got treated in Kolkata. Since both the Judicial Officer and his wife were outside the State of Tripura they could not obtain referral certificate from the State Standing Medical Board and while claiming the bills for treatment, objections were raised. To this the High Court opined that,
“it would be an absurdity for retiredjudicial officer and his wife to return to Agartala for the referral certificate from the competent medical board. Human life is precious. Article 21 of the Constitution of India enshrines the right to life which includes the valuable right to health.”
“to determine the emergent and immediate exigencies, the authorities concerned must be rationale to each and every separate and variable circumstances following Wednesbury’s Principle of Reasonableness so that it does not shock or hit the conscience of the Court, in addition, with utmost humane touch.”
Link here
Delhi HC
Under Pension Rules, if a Government Servant seeks voluntary retirement, he must have completed service of 20 years and may serve notice of 3 months
In a matter wherein, a Judicial Assistant sought voluntary retirement due to his medical condition, Court observed in view of the Central Civil Services (Pension) Rules, 1972 that:
Government Servant at any time, after he has completed 20 years of qualifying service, may give a notice of 3 months to retire from the service. Link here.
Under Indian Army, can mere acceptance of a resignation create a vacancy for being filled up from cadet in waiting? Read what Del HC says
While addressing a petition seeking direction for issuance of a joining letter for joining the pre-commission training at Officers Training Academy, Chennai, the Division Bench of Manmohan and Navin Chawla, JJ., made a very significant observation that:
“Mere acceptance of resignation may not be sufficient to consider creation of a vacancy for being filled up from the cadet in the waiting.”
Link here.
Custodial Violence in Tihar Jail | Remedial action to be taken so that unscrupulous officers at Jail do not take advantage of knowledge of non-working of CCTVs & get away by doing any illegal act
The Delhi HC has transferred the investigation into death of under-trial prisoner Ankit Gujjar lodged in Tihar Jail, to the Central Bureau of Investigation. It has been alleged that Ankit Gujjar was brutally beaten the Jail Officials and despite repeated PCR calls and messages neither was any effort made to save Ankit nor complaint lodged nor FIR registered. It has been alleged that Ankit Gujjar was long being harassed by the officials of Tihar Jail as he was unable to meet the regularly increasing demands of money made by them.
The Court said that if these allegations are correct, it is a very serious offence that requires in-depth investigation to unearth the manner in which alleged extortion was carried out in the prison. Further, an investigation not only as to who all committed the offence of brutally beating Ankit Gujjar resulting in his death has to be carried out, but the role of jail doctors in not providing proper treatment at the right time is also required to be ascertained by a proper inquiry.
Read here
Jammu and Kashmir and Ladakh HC
J&K and Ladakh HC | Right to go abroad to pursue studies cannot be denied only on the ground of involvement in a criminal case; HC waives conditional bail order
While allowing a person involved in NDPS case, to travel abroad to pursue higher studies, the J&K and Ladakh High Court noted that charges against him were not grave and further observed that,
“..petitioner cannot be denied the right to go abroad to pursue studies only on the ground that he is involved in a criminal case. Looking to the gravity of charge and the young age of the petitioner and his quest to acquire quality education, the request made appears to be genuine.”
Read here.
Freedom of Press v. Breach of Peace and Defamation of authority; HC holds no fetters can be placed on the press by registering FIR
Quashing the FIR registered against a journalist for publishing the news report disclosing an incident of Police Brutality, the Jammu Kashmir and Ladakh HC expressed that,
“The mode and manner in which the impugned FIR has been lodged clearly reflects the mala fide on the part of respondents as the respondents could have given their version by similar mode but they chose unique method of silencing the petitioner and it is undoubtedly an attack on the freedom of press.”
Read here
Himachal Pradesh HC
HP HC | “Dispatching the gallantry medal directly to the writ petitioner through courier amount to breach of protocol”; Such awards must be given only in ceremonial functions of Independence Day/ Republic Day
Considering a writ petition where gallantry award was presented to the awardee after more than 3 years, the Himachal Pradesh HC said that delay in the conferment of gallantry awards should be deprecated. The Court observed that while promoting acts of bravery and courage, gallantry awards are made for ensuring the spirit of bravery the recipients of awards must be honored in ceremonial functions of Republic Day or Independence Day.
Read here
Tribunals/Commissions
National Company Law Appellate Tribunal
‘Till further orders’, not in order — No bar in merging unhealthy company with healthy company to succour
The National Company Law Appellate Tribunal while addressing appeals under Section 421 of the Companies Act stated that,
“There is no bar in merging unhealthy company with healthy company to come over the crisis. There was no need perhaps to pass this specific direction”.
Read here.
LEGISLATION UPDATES
CBDT extends due dates for filing of Income Tax Returns and various reports of audit for assessment year 2021-22
The Central Board of Direct Taxes (CBDT) has decided to further extend the due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22.
The last date of filing income tax return has been extended till DEcember 31, 2021.
FOR MORE DETAILS, refer SCC Online Blog here.
Government of Goa implements free water scheme for all individual domestic consumers
The Department of Information & Publicity, Goa has implemented free water scheme for all individual domestic consumers with effect from September 1, 2021.
Further, it is also informed that in order to implement the scheme, the water supply bills for the water charges upto August 31, 2021 will be issued by Public Works Department for all its consumers as informed by the Department of Information and Publicity.
Read here
New York Government signs legislation to reduce emissions from vehicles; aims to achieve sale of zero emission vehicles by 2035
A new law has been passed by New york Government which aims to reduce greenhouse gas emissions and air pollution from transportation sector.
Under the Act, new passenger cars, trucks, off road vehicles and equipment sold in New York are targeted to be zero-emissions by 2035, and new medium-duty and heavy-duty vehicles by 2045. The Act also seeks to develop a zero-emissions vehicle development strategy by 2023.
Read here
Certification requirements of associated persons functioning as Principal officer of a Portfolio Manager, notified
SEBI has notified the Certification requirements of associated persons functioning as Principal officer of a Portfolio Manager, such as :
- Such persons must obtain certification from the National Institute of Securities Markets by passing the NISM-Series-XXI-B.
- The Portfolio Managers mustensure that all such persons who obtain the certification by passing the NISM-Series-XXI-B within 2 years from the date of this notification.
Read here.
SCC Online Quiz
Judgments from how many historical courts are covered in SCC Online and which is the earliest reported historical case on SCC Online?
Watch the Episode to see the names of the Winners.
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