CONSTITUTIONAL/LARGER BENCH DECISIONS
Not all private properties are ‘material resources of community’ under Art. 39(b) for state to equally distribute; Supreme Court rules in landmark 7:2 verdict
The Nine-Judge Constitution Bench comprising of CJI Dr. DY Chandrachud, Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih, JJ., delivered its judgment on the issue of whether private resources form part of the ‘material resource of the community’ under Article of the . The majority judgment delivered by CJI Dr. DY Chandrachud by ratio of 7:2 held that all the ‘private properties’ cannot form part of the ‘material resources of the community’ under Article of the . The Court unanimously held that Article of the to the extent that it was upheld in Kesavananda Bharati v. State of Kerala, remains in force. Read more
How private resources become resources ‘of community’ & distributed for common good? Deciphering Justice BV Nagarathna’s partial dissent in 9-J Bench verdict
The majority of 7:2 comprising of CJI Dr. DY Chandrachud, Hrishikesh Roy, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih, JJ., held that all the ‘private properties’ cannot form part of the ‘material resources of the community’ under Article of the . Justice BV Nagarathna partially concurred with the majority, however, on the aspect of Article 39(b) she opined that a private owned resource can be transformed and can indeed acquire the status of ‘material resource of the community’. Read more
[AMU Verdict] Minority Status of educational institutions not affected by statute, date of establishment, or non-minority administration: Supreme Court holds in 4:3 verdict
In an appeal against Allahabad High Court’s Order in Naresh Agarwal (Dr.) v. Union of India, , whereby, Aligarh Muslim University’s (‘AMU’) action of 50 percent seat reservation in postgraduate medical courses for Muslim candidates by claiming it to be a minority institution, was struck down and held that AMU cannot have an exclusive reservation because it is not a minority institution, the Seven-Judge Constitution Bench comprising of Dr. DY Chandrachud, CJ., Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma, JJ. in 4: 3 overruled the Five-Judge Bench verdict in S. Azeez Basha v. Union of India, , which held that an institution incorporated by a statute cannot claim to be a minority institution, hence AMU as created by an Act of Parliament, is not a minority institution so as to be covered under Article of the . Read more
TOP STORIES
Did you Know? According to National Judicial Data Grid, the statistics for the coram-wise pending decisions is as follows:
| Judges | Civil | Criminal | Total | |||
| 3 Judges | | | | | | |
| 5 Judges | | | | | | |
| 7 Judges | | | | | | |
ARBITRATION AND CONCILIATION
SC clarifies scope of judicial scrutiny under Section 11 of Arbitration Act: Sets aside Bombay HC ruling on appointment of arbitrator
In an appeal against the judgment and order passed by the Bombay High Court, wherein the High Court dismissed the application preferred by the appellant under Section of the (‘Act, 1996’) seeking appointment of an arbitrator to adjudicate disputes and claims in terms of Clause 18.12 of the Master Services Agreement (‘MSA’) executed between the appellant and the respondent, the three judge bench of Dr. Dhananjaya Y. Chandrachud, CJI, J.B. Pardiwala* and Manoj Misra, JJ. while setting aside the impugned judgment, said that the High Court exceeded the limited scope of judicial scrutiny at the stage of Section 11 by undertaking a detailed examination of the factual matrix. The High Court erroneously proceeded to assess the auditor’s report in detail and dismissed the arbitration application. Read more
‘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
In an arbitration petition, the division bench of Dr. D.Y. Chandrachud, CJI and Manoj Misra*, J. said that since at the stage of consideration of a prayer under Section of the (‘Act, 1996’) , the Court has to confine itself to the examination of the existence of an arbitration agreement, it would not be appropriate for it to delve deep into the issue as it could well be considered by the arbitrator on the basis of evidence led by the parties. More so, when existence of arbitration agreement in the license agreement and share subscription agreement is not in dispute. Therefore, the Court referred the matter to the Delhi International Arbitration Centre for the appointment of a sole arbitrator to adjudicate upon the dispute between the parties. Read more
Under Section 11(6) A&C Act, Referral Court must limit its enquiry to the question of limitation period only: SC
While considering the instant arbitration petition seeking appointment of arbitrator for adjudication of disputes and claims in terms of the Shareholders Agreement dated 25-07-2011 entered into between the petitioner and the respondents; the 3-Judge Bench of DY Chandrachud, CJ., JB Pardiwala* and Manoj Misra, JJ., reiterated that while determining the issue of limitation in the exercise of powers under Section of the , the referral court must only conduct a limited enquiry for the purpose of examining whether the Section 11(6) application has been filed within the limitation period of three years or not. At this stage, it would not be proper for the referral court to indulge in an intricate evidentiary enquiry into the question of whether the claims raised by the petitioner are time barred. Such a determination must be left to the decision of the arbitrator. Read more
Arbitration Act 1996 a self-contained code which does not distinguish between government and private entities: SC
The instant appeal challenged Madras High Court’s order that was passed in an interlocutory proceeding during the pendency of the Section , challenge, wherein the High Court had stayed the operation of an arbitral award on the condition that a bank guarantee be furnished in respect of the principal amount awarded. The 3-Judge Bench of Dr DY Chandrachud, CJ*., JB Pardiwala and Manoj Misra, JJ., stated that the Arbitration Act is a self-contained code, which does not distinguish between governmental and private entities. Hence, the decision of the Court cannot be influenced by the position of the party before it and whether it is a fly-by-night operator. It was further stated that an assessment as to whether a party is reliable or trustworthy is subjective.
“Many private entities, too, may rely on the size of their undertaking, its success, public image, or other factors to argue that they are not fly-by-night operators. In the absence of any provision of law in this regard, it would be inappropriate for courts to apply this standard while adjudicating the conditions upon which a stay of an award may be granted”.
Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arises: SC
In an appeal against the decision of the Bombay High Court, wherein, the Commercial Arbitration Petition filed under Section of the (‘the Act, 1996’) at the instance of the Shahaji Bhanudas Bhad (‘present respondent’) was allowed and sole arbitrator was appointed to adjudicate the disputes and differences between HPCL Biofuels Ltd. (‘the appellant’) and the respondent, the Division Bench of CJI Dr. DY Chandrachud and JB Pardiwala*, JJ. allowing the appeal set aside the impugned decision. The Court held that, in the absence of any liberty being granted at the time of withdrawal of the first application under Section 11(6) of the Act, 1996, the fresh application filed by the respondent under the same provision was not maintainable and the fresh application was time-barred, hence, the respondent was not entitled to the benefit of Section 14(2) of the Limitation Act. Read more
Express designation of place in an arbitration agreement is an appropriate criterion to determine Seat of Arbitration: SC
While deciding the instant petition filed under Section 11(6)(a) read with Section of the , seeking a referral of the disputes that have arisen between the parties to arbitration and consequent appointment of an arbitrator by the Court; the 3-Judge Bench of Dr DY Chandrachud, CJ., JB Pardiwala* and Manoj Misra, JJ., held that more appropriate criterion for determining the seat of arbitration is that where in an arbitration agreement there is an express designation of a place of arbitration anchoring the arbitral proceedings to such place, and there being no other significant contrary indicia to show otherwise, such place would be the ‘seat’ of arbitration even if it is designated in the nomenclature of ‘venue’ in the arbitration agreement. Read more
Did you Know? The Disposal rate in current year (2024)
| Civil (98.17%) | Criminal (97.09%) | Total (97.81%) |
CONSTITUTIONAL LAW
UP Madarsa Education Act valid with exception to provisions regulating higher education degrees: Supreme Court
While considering the correctness of Allahabad High Court’s judgment in March 2024 wherein it had declared (Madrasa Act) to be unconstitutional; the 3 Judge Bench of Dr D.Y. Chandrachud, CJ*., J.B. Pardiwala and Manoj Misra, JJ., upheld Madarsa Act’s validity holding that it is consistent with the positive obligation of the State to ensure that students studying in recognised Madarsas attain a level of competency which will allow them to effectively participate in society and earn a living. The Court further held that Article of the and the Right to Education Act, 2009 must be read consistently with the right of religious and linguistic minorities to establish and administer educational institutions of their choice. Read more
CRIMINAL TRIAL
Acquittal
‘FIR not an encyclopedia, but can be used to corroborate or contradict informant’; SC upholds acquittal of 3 in 28-year-old murder case
In a criminal appeal against the judgment of acquittal passed by the Madhya Pradesh High Court reversing the conviction recorded by the Trial Court against the accused persons, the Division Bench of CT Ravikumar* and Sudhanshu Dhulia, JJ. agreed with the High Court’s decision of acquittal and refused to interfere with the same. The Court upheld the High Court’s view in finding the prosecution witnesses unreliable. Read more
Suspension of Sentence
Suspension of sentence of fine with or without conditions depends on facts of each case and nature of the offence: SC
While considering the instant appeal filed by Central Bureau of Investigation (CBI) challenging the respondent’s suspension of sentence by single Judge Bench of Delhi High Court, the Division Bench of Abhay S. Oka* and Augustine George Masih, JJ., said that while suspending sentence, especially sentence of fine, Appellate Court can impose conditions; however, whether the suspension of sentence of fine should be conditional or unconditional depends on the facts of each case and especially the nature of the offence. However, the approach of the Court may be different in case of offences punishable under and cognate legislations. Read more \
Quashment of Proceedings/FIR
[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: SC
In a criminal appeal against a decision of the Rajasthan High Court quashing the FIR against the accused teacher/ 3rd respondent considering that a compromise was reached between him and the father of the minor girl/ victim, the Division Bench of CT Ravikumar and Sanjay Kumar, JJ. held that quashing the FIR in the serious offence of sexual assault solely pn the basis of settlement and compromise between the parties was erred and required interference. Hence, the Court allowed the appeal and set aside the impugned order. Consequently, the FIR, investigation and criminal proceedings pursuant thereto proceeded against the accused, in accordance with the law. Read more
CUSTOMS
DRI Officers are “proper officers”; can issue show cause notices for recovery of duty under Customs Act: Supreme Court
While deciding whether the exposition of law propounded by the Court in Canon India (P) Ltd. v. Commr. of Customs, as regards the power of the DRI to issue show cause notices could be said to be the correct statement of law? The 3-Judge Bench of Dr DY Chandrachud, CJ., JB Pardiwala* and Manoj Misra, JJ., held that Canon India (supra) judgment was rendered without looking into the Circular dated 15-02-1999 issued by the Central Board of Excise & Customs (CBEC) which empowered the officers of Directorate of Revenue Intelligence (DRI) to issue show cause notices under Section of , as well as Notification dated 06-07-2011 which assigned the functions of the ‘proper officer’ for the purposes of Sections 17 and 28 of the Customs Act, respectively to the officers of DRI. This seriously affected the correctness of Canon India (supra). Read more
EDUCATION LAW
NMC to issue fresh guidelines for admitting PwD into medical courses; Assessment Boards to test functional competence of medical aspirants with disability: SC
In a civil appeal against a decision of the Bombay High Court dismissing the NEET aspirant’s writ petition challenging the NEET Disability Certificate holding him 88% disabled and ineligible to pursue an MBBS/Dental course, and holding that the certification of the degree of disability was in accordance with prescribed procedures, the three-Judge Bench comprising of CJI Dr. DY Chandrachud*, JB Pardiwala and Manoj Misra, JJ. set aside the impugned judgment of the High Court and the report of the Disability Assessment Board of AIIMS, Nagpur for failing to apply the statutory and regulatory standards applicable to the assessment of a person with disability. Read more
Did you Know? Matters Instituted in November
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ENVIRONMENTAL LAW
[Illegal felling of trees] Supreme Court calls for census of existing trees in Taj Trapezium Zone
In a civil writ petition along with an interlocutory application seeking the formation of a separate committee for the investigation of illegal felling of trees in Taj Trapezium Zone, the Division Bench of Abhay S. Oka and Augustine George Masih, JJ. viewed that there needs to be a census of existing trees in the Taj Trapezium Zone and there needs to be a mechanism for keeping a vigil to ensure that there is no unauthorised felling of trees. Read more
FAMILY LAW
[S. 14 HSA] ‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance: SC reiterates
In a civil appeal against a decision of the Andhra Pradesh High Court dismissing an appeal under Section of the (‘CPC’) and Cross Objections filed under Order XLI Rule 22 respectively, against a judgment and decree pertaining to a property dispute in favour of the respondents, the Division Bench of C.T. Ravikumar and Sanjay Karol, JJ. dealt with the issue that whether the present appellant/ original defendants were entitled to the entire property, in line with the position that their mother, by virtue of the , would have absolute rights over the subject property and, therefore, be able to bequeath the same by way of Will to her successors. Read more
“Wife entitled to maintain matrimonial home lifestyle during pendency of divorce petition”; SC directs husband to pay Rs.1,75,000 monthly interim maintenance
While considering the instant appeal revolving around an order of reduction of maintenance by Madras High Court, whereby the husband prayed for further reduction of monthly interim maintenance amount and wife prayed for an enhancement; the Division Bench of Vikram Nath and Prasanna B. Varale, JJ., found errors in evaluation made by the High Court and pointed out that it was on record that the wife had sacrificed her employment after the marriage and was accustomed to a certain standard of living in her matrimonial home. Therefore, during the pendency of the divorce petition, she is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home. Read more
HUMAN AND CIVIL RIGHTS
Rule 15(1) contravenes legislative intent of RPWD Act; SC directs Union to form mandatory rules to ensure accessibility of public places for disabled
In a writ petition to make public buildings accessible for persons with disabilities, the three-Judge Bench of then CJI Dr. DY Chandrachud, J.B. Pardiwala and Manoj Misra, JJ. ruled that several guidelines prescribed in Rule 15 of Right of Persons with Disabilities Rules, 2017, appear to be recommendatory guidelines, under the garb of mandatory rules. Hence, the Court held Rule 15(1) to be ultra vires the scheme and legislative intent of the RPWD Act which creates a mechanism for mandatory compliance. Therefore, the Court directed the Union to form mandatory rules, as required by Section 40, within a period of three months from the date of the Judgment. Read more
INSOLVENCY AND BANKRUPTCY
Read why Supreme Court dismissed NOIDA Special Economic Zone Authority’s appeal for claim of Rs. 6 Crore against corporate debtor
In a set of two civil appeals challenging the decision of the National Company Law Appellate Tribunal, Principal Bench, New Delhi (‘NCLAT’), wherein the challenge to the order of the National Company Law Tribunal, New Delhi (‘NCLT’) approving the Resolution Plan as presented on the approval by the Committee of Creditors and challenge to the approval of the Resolution Plan were rejected, the Division Bench of Abhay S. Oka and Augustine George Masih, JJ., dismissed the appeals, upholding that Resolution Plan approved By Committee Of Creditors and that the IBC prevails over . Read more
MINES AND MINERALS
Computation of royalty a Policy matter, but Court can’t ignore prima-facie anomaly in the computation mechanism: SC
While considering the instant writ petition challenging the validity of Explanation to Rule 38 of the Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016 (“MCR, 2016”) and the Explanation to Rule 45 of the Mineral Conservation and Development Rules, 2017 (“MCDR, 2017”) that stipulates the computation of royalty to be levied for the extraction or consumption of mined ores; the 3-Judge Bench of Dr DY Chandrachud, CJI and JB Pardiwala* and Manoj Misra, JJ., said that although, the computation of royalty for different minerals is purely a matter of policy, yet the Court should not just shut its eyes to the prima-facie anomaly that exists in the very computation mechanism of average sale price for minerals in terms of the aforesaid provisions and the perplexing stance of exclusion of only coal from such mechanism despite the general nature and application of the aforesaid rules. Read more
PMLA
[Money Laundering] Section 197(1) CrPC applicable to complaint under Section 44(1)(b) of PMLA: SC
While considering the instant appeal by Enforcement Directorate challenging Telangana High Court’s decision to quash complaint under Section , (PMLA) against the respondents for failure to obtain prior sanction under Section 197(1), CrPC; the Division Bench of Abhay S. Oka* and Augustine George Masih, JJ., held that considering the object of Section 197(1), CrPC, its applicability cannot be excluded unless there is any provision in the PMLA which is inconsistent with Section 197(1). Hence, the provisions of Section 197(1), CrPC are applicable to a complaint under Section 44(1)(b) of PMLA. Read more
PRACTICE AND PROCEDURE
“Criticising Judicial Officer should be avoided”; SC directs expunging of adverse remarks made against an ASJ in a Delhi HC judgment
While considering the instant appeal filed by an Additional District and Sessions Judge in Delhi judicial service seeking to expunge adverse findings/remarks recorded against him in the first impugned order dated 2-3-2023 by the Delhi High Court, the 3-Judge Bench of Abhay S. Oka*, Ahsanuddin Amanullah and Augustine George Masih, JJ., emphasised that superior courts can legitimately criticize the orders passed by the Trial Courts or the Appellate Courts by giving reasons. There can be criticism of the errors committed, in some cases, by using strong language. However, such observations must always be in the context of errors in the impugned orders. While doing so, the courts have to show restraint, and adverse comments on the personal conduct and calibre of the Judicial Officer should be avoided. Read more
SCS, STS, OBCS AND MINORITIES
Conversion to derive reservation benefit without actual belief in other religion can’t be permitted: SC
While considering the instant appeal regarding entitlement to Scheduled Caste community certificate by a person actively practicing Christianity but claiming to be a Hindu; the Division Bench of Pankaj Mithal and R. Mahadevan*, JJ., strictly observed that if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motive will only defeat the social ethos of the policy of reservation. Read more
SERVICE LAW
Can’t deny benefit of ‘experience mark’ to former outsourced employee merely because they weren’t appointed on sanctioned post: SC
While considering the instant appeal challenging the decision of Division Bench of Punjab and Haryana High Court whereby directions were given to consider the 1st Respondent for appointment in Chaudhary Charan Singh Haryana Agricultural University on the post of Clerk; the Division Bench of Dipankar Datta* and R. Mahadevan, JJ., concurred with the decision of the High Court stating that 1st Respondent could not be denied the benefit of mark for experience merely because at the time of appointment as outsourced manpower, she was not appointed on a sanctioned post. Read more
No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court
In an appeal filed by State Bank of India (‘SBI’) and its officers against the judgment and order passed by the Jharkhand High Court, the division bench of Abhay S. Oka and Ujjal Bhuyan, JJ. reiterated that a subsisting disciplinary proceeding i.e. one initiated before superannuation of the delinquent officer may be continued post superannuation by creating a legal fiction of continuance of service of the delinquent officer for the purpose of conclusion of the disciplinary proceeding. But no disciplinary proceeding can be initiated after the delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service. Read more
SC upholds Kerala HC ruling on exclusion of overqualified candidates for Kerala Water Authority’s LDC Post; criticizes KPSC for inconsistent qualification
In a civil appeal concerning the recruitment to several posts of Lower Division Clerk (‘LDC’) in the Kerala Water Authority, the division bench of PS Narasimha and Sanjay Kumar*, JJ. held that no error was committed by the Division Bench of the Kerala High Court in confirming the view taken by the Single Judge by non-suiting candidates with DCA/higher qualifications who aspired for selection to the post of Lower Division Clerk in the Kerala Water Authority. Read more
Supreme Court expresses shock over Goa Govt. defending publication of HC Recruitment Rules different from CJ’s draft
In a writ petition against the Goa State notifying High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules, 2023, (‘Rules’) which contained an introductory statement that they were made by the Chief Justice of the Bombay High Court, however, the rules were found to be significantly different from the CJ’s draft submitted to the Goa Government, the Division Bench of Abhay S. Oka and Augustine George Masih, JJ. expressed disappointment and shock, knowing fully well that the said Rules were not in terms with the draft Rules submitted by the CJ and that the Rules were published with the recital that the same has been made by the CJ of the Bombay High Court. Read more
Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates
In an appeal filed against the judgment passed by the Allahabad High Court, wherein the Court set aside the judgment dated 05-06-2015 passed by the State Public Services Tribunal, whereby, the Tribunal had allowed the Claim Petition preferred by the appellant, the division bench of PS Narasimha and Sandeep Mehta, JJ. set aside the impugned judgment and restored the order rendered by the Public Service Tribunal and reiterated that recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory, and mere production of documents is not enough, contents of documentary evidence have to be proved by examining witnesses. Read more
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