Courtesy/By: Kritika Mehandiratta | 27 Aug 2018 Views:297
The SC observed that the best time to resort to principle of moulding of relief is during the consideration of final relief in the suit and not at an interlocutory stage. In a judgment relating to Insurance laws, the SC held that the insurer is not estopped from raising a plea of violation of condition of delay, just because it appointed a surveyor to assess the loss.
The SC set aside the judgment of Madras HC and observed that the arbitration clause should be observed more strictly while considering the conditionality clause, after the amendment has been made in the Arbitration and Conciliation Act. The SC further held that for setting aside the arbitral award, nothing prior to the arbitrator shall be ordinarily required as part of records.
The court held that the insolvency proceedings cannot be admitted, if the proceedings where arbitral award has been challenged is pending. To prevent the democracy from being undermined, the SC held that the NOTA option will not be made available in the Rajya Sabha elections. In the realm of the rent laws in Rajasthan, the SC held that a tenant cannot be evicted on the ground of defaulting rent, without predetermination of rent.
It has been clarified by the SC that the age of retirement for the members of CESAT (Customs, Excise and Service Tax Appellate Tribunal) is 62 years. In a judgment last week, the SC also held that the right to life is superior to right to voluntary retirement, that is a doctor can be refused retirement if his services are required in public interest.
The SC held that if the factum of the existence of legal necessity has already been proved, a coparcener has no right to challenge the sale by the Karta of the family. Besides passing judgments relating to the Hindu Marriage Act, Motor vehicles Act and number of missing children form child homes, the SC held that the remand made by the Government of India to Medical Council of India does not place any restriction for verification.
The Court further held that the period of suspension must be for a short duration. The Mullaperiyar dam has been considered one of the major causes of floods in India and in the Yoginath case, the SC dismissed a petition seeking probe by an independent agency and it refused to give assent to prosecute him in a case of hate speech being delivered by him in 2007.
Courtesy/By: Kritika Mehandiratta | 27 Aug 2018 Views:297