Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

Mandatory rules of RPWD Act
Case BriefsSupreme Court

“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.”

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Seat of Arbitration
Case BriefsSupreme Court

The Court clarified that the ‘Closest Connection Test’ for determining the seat of arbitration is no longer a viable criterion for determination. The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract.

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arbitrator appointment
Case BriefsSupreme Court

“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.”

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DRI officers
Case BriefsSupreme Court

The Court noted that the 2021 decision was rendered without taking note of the relevant statutory scheme under Customs Act, 1962 and government circulars and notifications issued which empowered the officers of Directorate of Revenue Intelligence (DRI) to issue show cause notices.

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Unilateral Appointment of Arbitrator
Case BriefsSupreme Court

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.

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Guidelines for admission of PwD in medical courses
Case BriefsSupreme Court

“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.”

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LDC post qualification
Case BriefsSupreme Court

It is manifest that it is the KPSC, with its vacillating and dithering stance, that is largely responsible for this long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates

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acquittal in murder case
Case BriefsSupreme Court

“The prime object of FIR, from the point of view of the informant is to set the criminal law in motion and from the point of the investigating authorities is to obtain information about the alleged activity to enable them to take suitable steps to trace and book the guilty. FIR is an important document, though not a substantial piece of evidence, and may be put in evidence to support or contradict the evidence of its maker viz., the informant.”

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suspension of sentence
Case BriefsSupreme Court

“Appellate Courts must also keep in mind that the conditions imposed while suspending sentence of fine, should not be such that they are impossible to comply with, for such condition may amount to defeating the appellant’s right of appeal against the order of conviction.”

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overtaking senior's vehicle
Case BriefsSupreme Court

The Court pointed out that small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.

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Order postponing bail implementation
Case BriefsSupreme Court

“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”

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