Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention of parties in the agreement to refer disputes to arbitration, held, application under S. 11 is maintainable. S. 7 does not mandate any particular form of arbitration clause. Deficiency of words in agreement which otherwise fortifies intention of parties to arbitrate their disputes, cannot legitimise annulment of arbitration clause. [Babanrao Rajaram Pund v. Samarth Builders & Developers, (2022) 9 SCC 691]
Companies Act, 2013 — Ss. 212(3) and 219: Interim stay against investigation into affairs of Company, whether warranted, in exercise of writ jurisdiction by High Court, determined. [Serious Fraud Investigation Office v. Sahara Housing Investment Corpn. Ltd., (2022) 9 SCC 794]
Constitution of India — Art. 233 — Appointment of District Judges/Additional District Judges — Direct recruitment quota for advocates/pleaders: The issue regarding bar on appointment of judicial officers of State Subordinate Judicial Services in such quota, as per law clarified in Dheeraj Mor, (2020) 7 SCC 401, whether applicable when fully qualified advocate from State concerned on the date of application to post of District Judge in that State, had in the meantime obtained appointment in Subordinate Judicial Service of another State, determined. [Sunil Kumar Verma v. State of Bihar, (2022) 9 SCC 686]
Hindu Succession Act, 1956 — Ss. 4 and 5 — Faridkot Princely State — Inheritance — Rule of primogeniture — Applicability: Rule of primogeniture is not applicable to erstwhile Faridkot Princely State. In any case, held, on merger of Faridkot Princely State with Dominion of India, rule of primogeniture, if any, ceased to exist on account of Act of State. Hence, held, succession to properties of Ruler of erstwhile Faridkot Princely State would be by principles of intestate succession. [Deepinder Kaur v. Amrit Kaur, (2022) 9 SCC 658]
Insolvency and Bankruptcy Code, 2016 — Ss. 12-A, 30(2) and 61(3) — Commercial wisdom of CoC — Primacy of: Commercial wisdom of the CoC has been given paramount status without any judicial intervention for ensuring completion of the stated processes within the timelines prescribed by the IBC. There is an intrinsic assumption that financial creditors are fully informed about the viability of the corporate debtor and feasibility of the proposed resolution plan and they act on the basis of thorough examination of the proposed resolution plan and assessment made by their team of experts. [Vallal RCK v. Siva Industries & Holdings Ltd., (2022) 9 SCC 803]
Motor Vehicles Act, 1988 — Ss. 166 & 168 — Fatal accident — Just compensation: In this case, deceased, a mason, aged 48/52 yrs, died in January, 2002 and was survived by his widow and children. For determination of compensation, future prospects and rise in income, considered. [Sumathy v. Babu, (2022) 9 SCC 702]
Penal Code, 1860 — S. 34 — Conviction with aid of S. 34 — Requirements for: When a part of the evidence produced by the prosecution to bring the accused within the fold of S. 34 is disbelieved, held, the remaining part must be examined with adequate care and caution. [Shishpal v. State (NCT of Delhi), (2022) 9 SCC 782]
Penal Code, 1860 — S. 411 r/w S. 24 — Receiving stolen property: Confession of co-accused, resulting in recovery of stolen property from possession of appellant is not sufficient to convict the appellant, when the prosecution had not established essential ingredient of mens rea or knowledge of the appellant that such goods were stolen property. [Shiv Kumar v. State of M.P., (2022) 9 SCC 676]
Penal Code, 1860 — Ss. 299 and 300 — Culpable homicide, or, murder — Determination of: Principles for clarified for determination of culpable homicide, or, murder. Significance of use of the word “likely” in several places in S. 299 and absence thereof in S. 300, explained. Circumstances (non-exhaustive) from which intention to cause death may be inferred, discussed. [Ajmal v. State of Kerala, (2022) 9 SCC 766]
Securities, Markets and Exchanges — Securities — Dematerialised Securities/Demat Accounts — Pledging of dematerialised securities: Law clarified on pledge of dematerialised securities. Interplay between Depositories Act, 1996 and Contract Act, 1872, explained. [PTC (India) Financial Services Ltd. v. Venkateswarlu Kari, (2022) 9 SCC 704]
Trusts and Trustees — Religious and Charitable Endowments and Trusts — Disputed Places of Worship — Transfer of suit: Having regard to complexity of issues involved in Gyanvapi Mosque, Varanasi case, and need for trial before a senior and experienced judicial officer of U.P. Higher Judicial Service, suit directed to be transferred from Court of Civil Judge, Senior Division, Varanasi to District Judge, Varanasi. [Anjuman Intezamia Masjid v. Rakhi Singh, (2022) 9 SCC 814]
Trusts and Trustees — Religious and Charitable Endowments and Trusts — Disputed Places of Worship: In Gyanvapi Mosque, Varanasi case, for protection of Shivalinga found in the mosque, and continued unimpeded access of Muslims to the Mosque for worship, direction of trial Judge, modified. [Anjuman Intezamia Masajid v. Rakhi Singh, (2022) 9 SCC 816]
