Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]
10 years, 7 months ago

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]

Live Law  

Whether the endorsement of the Government pleader, accepting the compromise memo filed by a opposite party in a Section 34 proceedings under the Arbitration and conciliation Act,1996, is binding on the Government/Client was the issue before the Court.Three Arbitration awards were challenged by the State of Tamil Nadu by filing three petitions under Section 34 of the Act, seeking to. Whether the endorsement of the Government pleader, accepting the compromise memo filed by a opposite party in a Section 34 proceedings under the Arbitration and conciliation Act,1996, is binding on the Government/Client was the issue before the Court. The modified award /disposal of the Section 34 proceedings were challenged by the State before the High Court, primarily on the ground that the Government had never agreed to the terms as endorsed by the Government Pleader, in as much as, he was never authorised for this purpose. It is also pertinent to point out that here also, no application was filed by the respondents before the District Court immediately after the passing of decrees in compromise terms, or even thereafter, for recall of the compromise order with the plea that such a compromise was unacceptable as the Government Pleader was not authorised to enter into any such settlement.

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History of this topic

SC seeks viewpoints on Lokpal’s power to investigate HC judges
2 days, 1 hour ago

SC seeks viewpoints on Lokpal’s power to investigate HC judges

Hindustan Times  

The Supreme Court on Tuesday underscored the need for a comprehensive legal examination and “different viewpoints” before ruling on whether the Lokpal has the authority to investigate complaints against sitting high court judges under the Lokpal and Lokayuktas Act, 2013. The Supreme Court appointed senior advocate Ranjit Kumar as amicus curiae to ensure all perspectives are considered before a decision …

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index
1 month, 2 weeks ago

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index

Live Law  

Acquittal Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. v. Union of India, 2024 LiveLaw 1049 Order 7 Rule 11 CPC – Limitation Act, 1963; Article 59 - Rejection of Plaint – Suit for cancellation of a registered sale deed - Limitation - Whether the High Court was justified in …

Compromise can't end sexual harassment case, says SC
4 months, 1 week ago

Compromise can't end sexual harassment case, says SC

Deccan Chronicle  

A Supreme Court bench comprising Justices C.T. Sanjay Kumar overturned a Rajasthan High Court order that quashed a sexual harassment case based on a compromise between the accused and the complainant. The Supreme Court stated, “The impugned order is quashed and set aside, FIR and criminal proceedings shall proceed as per law,” emphasizing that the merits of the case were …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
6 months, 2 weeks ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

Live Law  

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court
7 months, 2 weeks ago

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court

Live Law  

The Supreme Court, through its order dated July 19, reiterated that the compliance of an order under threat of contempt cannot take away the right of the party to challenge the same order. “This Court made it clear that compliance of an order under threat cannot take away the right of a party as available to challenge the same, in …

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court
8 months, 2 weeks ago

Chief Justice Or Their Designate Cannot Adjudicate Merits Of Dispute Under Section 11 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that it is completely beyond the domain of the Chief Justice and/or his designate, sitting in jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to adjudicate even prima facie on the merits of an arguable issue involved in the matter, which would fall categorically within the …

Review Of Judgements Is An Exception To General Rule, Parties Can't Be Permitted To Seek Re-Hearing Under Garb Of Review: J&K High Court
1 year ago

Review Of Judgements Is An Exception To General Rule, Parties Can't Be Permitted To Seek Re-Hearing Under Garb Of Review: J&K High Court

Live Law  

Dismissing a review petition filed by contractors who challenged an earlier order directing them to pay an additional sum for work they had undertaken the Jammu and Kashmir and Ladakh High Court has reiterated that a court's power to review its judgments is not meant to serve as an appeal in disguise. Clarifying the limitations of the court after the …

Supreme Court sets aside HC order criticising Collegium & CM Jagan
1 year, 1 month ago

Supreme Court sets aside HC order criticising Collegium & CM Jagan

New Indian Express  

NEW DELHI: In a relief to the Andhra Pradesh government, the Supreme Court on Friday quashed a controversial order passed by the State High Court in which Justice Rakesh Kumar had strongly slammed the Collegium and Chief Minister YS Jagan Mohan Reddy. The bench was hearing an appeal filed by the State government challenging a December 31, 2020 order passed …

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'
1 year, 2 months ago

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

Live Law  

The Supreme Court, in its recent judgment, highlighted the importance of ensuring judicial discipline. “The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions.” “Accordingly, when a decision of a coordinate Bench of same High court …

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
2 years ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law  

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court
2 years, 1 month ago

Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court

Live Law  

The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision.It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian …

Supreme Court Refuses To Entertain Plea Against Govt Managing Temple Properties
2 years, 1 month ago

Supreme Court Refuses To Entertain Plea Against Govt Managing Temple Properties

Live Law  

The Supreme Court, on Friday, refused to entertain a petition, inter alia, seeking uniformity in endowment laws, as it found that the prayers and averments in the plea were not appropriate to grant relief. of movable and immovable properties of religious places belonging to the majority.” The Senior Counsel implored the Bench to consider how the States are interfering in …

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court
3 years ago

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court

Live Law  

The Supreme Court observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was denied by the trial court and he had not challenged the same by way of appeal.The bench comprising Justices L. Nageswara Rao and B R Gavai observed that in a suit for partition, the position …

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court
3 years, 4 months ago

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court

Live Law  

The Supreme Court observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the Arbitration and Conciliation Act arising from the disposal of a petition challenging an arbitral award.In this case, the arbitrator rejected the claims made by a party. …

'Necessary Force Will Have To Be Taken To Implement The Supreme Court Judgment': Kerala High Court In Church Feud Matter
3 years, 5 months ago

'Necessary Force Will Have To Be Taken To Implement The Supreme Court Judgment': Kerala High Court In Church Feud Matter

Live Law  

The Kerala High Court on Tuesday while hearing the matter of prolonged clashes between the Orthodox and Jacobite factions in the State, yet again called for both factions to implement the clear directions issued by the Apex Court to solve the dispute.Justice Devan Ramachandran during the proceedings observed: "The Court is not in favour of sending forces into a Church. …

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court
3 years, 5 months ago

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court

Live Law  

The Supreme Court observed that it is the duty of the First Appellate Court to deal with all the issues and the evidence led by the parties before recording its findings.First appeals are to be decided after following the procedure to be followed under the Code of Civil Procedure, the bench of Justices MR Shah and AS Bopanna observed. Perusing …

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea
3 years, 7 months ago

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea

The Hindu  

The Left Democratic Front government in Kerala faced an embarrassing setback on July 28 when the Supreme Court ruled against its appeal to withdraw the criminal prosecution case against six former LDF legislators accused of destruction of property and vandalism in the State Assembly on March 13, 2015. The Supreme Court also disallowed the government’s appeal and reaffirmed that legislators …

Representative Suit - Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court
3 years, 9 months ago

Representative Suit - Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court

Live Law  

Answering a reference against a division bench judgment, a 3-judge bench of the Kerala High Court has held that the publication of notice under Order 1 Rule 8 of the Code of Civil Procedure is not mandatory at the appellate stage of a representative suit.A 3-judge bench comprising Justices CT Ravikumar, V Shircy and K Haripal declared that the division …

Supreme Court Defers Judgment On Justice Eswaraiah's Plea To Set Aside AP High Court Order For Enquiry Into Alleged Phone Call 'Conspiracy' Against SC Judge
3 years, 11 months ago

Supreme Court Defers Judgment On Justice Eswaraiah's Plea To Set Aside AP High Court Order For Enquiry Into Alleged Phone Call 'Conspiracy' Against SC Judge

Live Law  

The Supreme Court on Friday deferred pronouncement of the judgement in the plea filed by former Andhra Pradesh High Court Judge, Justice V. Eswaraiah, against an order of the Andhra Pradesh High Court ordering a judicial inquiry into an alleged phone conversation between him and a District Judge plotting 'conspiracy' against the Chief Justice of the High Court and a …

'I Had To Use Tiger Balm After Reading It', Says Justice MR Shah Over 'Incomprehensible' High Court Judgment
4 years ago

'I Had To Use Tiger Balm After Reading It', Says Justice MR Shah Over 'Incomprehensible' High Court Judgment

Live Law  

The Supreme Court on Friday expressed its displeasure at the incomprehensible manner in which judgments are coming to be written by High Courts. The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing a SLP arising out of an order passed by a division bench of the Himachal Pradesh High Court in a writ petition under Article …

Litigant Cannot Seek Recusal Of A Judge On The Ground That He/She May Not Get A Favourable Order: Supreme Court
4 years, 1 month ago

Litigant Cannot Seek Recusal Of A Judge On The Ground That He/She May Not Get A Favourable Order: Supreme Court

Live Law  

A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice, the Supreme Court observed while rejecting a plea seeking recusal of Justice DY Chandrachud from hearing a case. The court observed that a litigant cannot seek recusal of a judge from hearing his/her case on the ground that he/she may not get a favourable …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
4 years, 2 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

Section 34 Arbitration Act- Additional Evidence Can Be Adduced Only In Exceptional Cases: SC [Read Judgment]
5 years, 5 months ago

Section 34 Arbitration Act- Additional Evidence Can Be Adduced Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court has held that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the record that was before the arbitrator and only in exceptional case, additional evidence can be permitted to be adduced.The bench comprising Justice R. Banumathi and Justice AS Bopanna was considering an appeal against a High Court. The Supreme …

A Party To An Agreement Cannot Be An Arbiter In His Own Cause, Reiterates SC [Read Judgment]
5 years, 6 months ago

A Party To An Agreement Cannot Be An Arbiter In His Own Cause, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court reiterated that a party to an agreement cannot be an arbiter in his own cause.In this case, the general manager of the M.P. This was assailed by the contractor and that has been the subject matter of challenge raised in the reference petitions filed before the Arbitral Tribunal under Section 7 of the Madhya. This was assailed …

Concession Made By Lawyer On Mixed Question Of Fact And Law Cannot Preclude Client From Reagitating The Point In Appeal: SC [Read Judgment]
6 years ago

Concession Made By Lawyer On Mixed Question Of Fact And Law Cannot Preclude Client From Reagitating The Point In Appeal: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, a concession made by a lawyer or his authorised representative on a question is a mixed question of fact and law at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal. In Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola, the bench comprising Justice …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 3 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 3 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

A Court Deciding ‘Section 34’ Petition Has No Jurisdiction To Remand The Matter To Arbitrator For Fresh Decision, Reiterates SC [Read Order]
6 years, 5 months ago

A Court Deciding ‘Section 34’ Petition Has No Jurisdiction To Remand The Matter To Arbitrator For Fresh Decision, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the arbitrator for a fresh decision.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha set aside a Calcutta High Court order that remanded the matter to the arbitrator in …

Litigant, Who Refused Services Of Senior Lawyer And Insisted To Argue In Person In Tamil, Finally Loses Legal Battle In SC [Read Judgment]
6 years, 6 months ago

Litigant, Who Refused Services Of Senior Lawyer And Insisted To Argue In Person In Tamil, Finally Loses Legal Battle In SC [Read Judgment]

Live Law  

The bench passed reasoned judgment dismissing the appeal after considering the written submissions filed by her.Ponnayal and her mother had approached the Supreme Court by filing Special Leave Petitions against the high court order that had affirmed the dismissal of their suit for partition by the trial court.This SLP was filed through an Advocate-on-Record. The bench passed reasoned judgment dismissing …

Litigant, Who Refused Services Of Senior Lawyer And Insisted To Argue In Person In Tamil, Finally Loses Legal Battle In SC [Read Judgment]
6 years, 6 months ago

Litigant, Who Refused Services Of Senior Lawyer And Insisted To Argue In Person In Tamil, Finally Loses Legal Battle In SC [Read Judgment]

Live Law  

The bench passed reasoned judgment dismissing the appeal after considering the written submissions filed by her.Ponnayal and her mother had approached the Supreme Court by filing Special Leave Petitions against the high court order that had affirmed the dismissal of their suit for partition by the trial court.This SLP was filed through an Advocate-on-Record. The bench passed reasoned judgment dismissing …

Review Petition Heard By Different Bench Although One Judge Who Passed Original Judgment Was Available: SC Stays Madras HC [Read Order]
6 years, 8 months ago

Review Petition Heard By Different Bench Although One Judge Who Passed Original Judgment Was Available: SC Stays Madras HC [Read Order]

Live Law  

The Supreme Court recently stayed a Madras High court order on the ground that although one of the judges, who passed the original judgment was available, he was not in the Bench which considered the review petition. The State of Tamil Nadu had approached the Apex Court, raising this issue against an order of Madras High Court in the review …

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]
7 years, 8 months ago

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]

Live Law  

In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case.A civil contractor had two arbitral awards passed in …

Arunachal political crisis: Supreme Court refers case to Constitution bench
9 years, 2 months ago

Arunachal political crisis: Supreme Court refers case to Constitution bench

Firstpost  

The Supreme Court on Thursday referred to a Constitution bench a bunch of petitions related to the ongoing political battle in Arunachal Pradesh. New Delhi: The Supreme Court on Thursday referred to a Constitution bench a bunch of petitions arising out of certain orders passed by the Gauhati High Court in the ongoing political battle in Arunachal Pradesh. The counsel, …

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]
9 years, 4 months ago

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]

Live Law  

A two Judge Bench of Supreme Court held that in no circumstances the High Court can reverse the judgment of the trial court and the first appellate court without formulating the substantial question of law and complying with the mandatory requirements of Section 100 CPC.The Bench was examining the question ‘whether the High Court was justified in passing the. A …

It is not open to the High Court to declare a Supreme Court Judgment per-incurium. By not following the law laid down by the SC, HCs and Subordinate Courts would also be violating the provisions of...
10 years, 3 months ago

It is not open to the High Court to declare a Supreme Court Judgment per-incurium. By not following the law laid down by the SC, HCs and Subordinate Courts would also be violating the provisions of...

Live Law  

A Three Judge Bench of the Supreme Court comprising of Justices Anil R Dave, Madan B Lokur and Kurian Jospeh held that it is not open to the High Court to declare a Supreme Court Judgment per-incurium. It is also held that by not following the law laid down by this Court, the High Court or the Subordinate Courts would …

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]
10 years, 7 months ago

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]

Live Law  

Whether the endorsement of the Government pleader, accepting the compromise memo filed by a opposite party in a Section 34 proceedings under the Arbitration and conciliation Act,1996, is binding on the Government/Client was the issue before the Court.Three Arbitration awards were challenged by the State of Tamil Nadu by filing three petitions under Section 34 of the Act, seeking to. …

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