Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]
Live LawCitations 2024 LiveLaw 391 to 2024 LiveLaw 414 Arbitration and Conciliation Act, 1996 Withdrawal of arbitrator – An Arbitrator always has the option to withdraw for any reason. Shaji Paulose v. Institute of Chartered Accountants of India, 2024 LiveLaw 397 Code of Civil Procedure, 1908 Order XXXIII and Order XLIV – Suits by indigent persons and appeals by indigent persons – These provisions “exemplify the cherished principle that lack of monetary capability does not preclude a person from knocking on the doors of the Court to seek vindication of his rights.” Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi, 2024 LiveLaw 414 Order XLIV, Rule 3 – Inquiry as to whether applicant is an indigent person – No further inquiry would be required in respect of a person who was allowed to sue or appeal as an indigent person if they make an affidavit to the effect that they have not ceased to be an indigent unless the Government pleader objects or disputes such claim in which case an inquiry shall be held by the Appellate Court or under the orders thereof. Sundew Properties Ltd. v. Telangana State Electricity Regulatory Commission, 2024 LiveLaw 393 Electricity Act, 2003; Section 181 – Power on the State Commissions to make Regulations – Such regulations must be consistent with the provisions of the primary enactment and the rules framed thereunder generally. Tamil Nadu Medical Services Corporation Ltd. v. Tamil Nadu Medical Services Corporation Employees Welfare Union, 2024 LiveLaw 402 Special Economic Zones Act, 2005 Section 49 and Electricity Act, 2003; Section 14 – Deemed to be a distribution licensee – The Ministry of Commerce & Industry, vide the 2010 Notification has specified that the 'developer' of the SEZ shall be deemed to be a 'distribution licensee' under the provisions of the Electricity Act. Sundew Properties Ltd. v. Telangana State Electricity Regulatory Commission, 2024 LiveLaw 393 Specific Relief Act, 1963 Section 12 – Admissibility of deposition of a Power of Attorney Holder – Power of Attorney Holder cannot depose for principal in respect of matters of which only principal can have personal knowledge and in respect of which the principal is liable to be cross-examined – It is necessary for the plaintiff to step into the witness box and depose the said fact and subject himself to cross-examination on that issue.