News Of the day

NEWS OF THE DAY

An Arbitration Clause in a Lease Deed Not Enforceable Unless Instrument Is Duly Stamped

The Supreme Court bench of CJI S.A. Bobde, Justice B.R. Gavai and Justice Surya Kant observed that the arbitration agreement cannot be enforceable by the court if the main instrument is not duly stamped. A petition was filed invoking Sec- 11(6) of the Arbitration & Conciliation Act 1996, before the KARNATA high court. The appellant prayed for the dismissal of the lease deed on the ground that the deed was not sufficiently stamped. It was argued that the deed could not be relied upon unless proper duty & penalty was paid under the Karnataka Stamp Act, 1957. The Karnataka high court, however, directed the appointment of an arbitrator in view of arbitration clause in the lease deed. The Supreme Court on relying the judgment of the case of SMS Tea Company Pvt. Ltd. v. Chandmari Tea Company Pvt. Ltd set aside the appointment of arbitration and held that unless the stamp duty and penalty due in respect of the instrument is paid, the court cannot act upon the instrument, which means that it cannot act upon the arbitration agreement also which is part of the instrument. |MS Dharmaratnaka Rai Bahadar Arcot Narainswamy Mudaliar Chattram & other Charities & ors. V. M/S Bhaska Raju & Brother & ors. Civil appeal no.1599 of 2020 | 14/02/2020

  • By INTO LEGAL WORLD
  • Posted On Mon, 17 Feb 2020 05:49 PM

In view to assure school children’s safety Allahabad HC asked DMs to submit school bus fitness report

The Lucknow bench of Allahabad High Court bench consisting Chief Justice Govind Mathur and Justice Chandra Dhari Singh ordered all the District Magistrates of the state to conduct a fitness test of school buses as per Supreme Court orders and to submit a compliance report thereto. The District Magistrates will have to submit their reports to the Principal Secretary Transport by 2 March and the Principal Secretary will file a complete compliance report in the court by March 21. A PIL was filed by social organization, 'We the People' submitted in court that schools in the state were not adhering with the instructions laid down MC Mehta v. Union of India & Ors., 1997 (8) SCC 770. | We the People v. Union of India & Ors.| 13/01/2020

  • By INTO LEGAL WORLD
  • Posted On Mon, 17 Feb 2020 05:46 PM

The SC set up a mediation team to talk to Protesters in Shaheen Bagh

Supreme Court Bench of Justice SK Kaul and Justice KM Joseph has ordered to set up a mediation team headed by Senior Advocate Sanjay Hegde to hold talks with the protesters with the aim of exploring a solution to the road blockade due to Shaheen Bagh protests. The bench gave Advocate Hegde the freedom to choose the other two persons in the team. “Democracy works on the expression of views. But there are lines and boundaries. Blocking traffic and causing inconvenience is our concern. My concern is if everybody starts blocking roads, maybe due to genuine concerns, where does it stop", Justice Kaul observed.

  • By INTO LEGAL WORLD
  • Posted On Mon, 17 Feb 2020 05:46 PM

Fresh Death Warrant issued in Nirbhaya Rape Case

Additional Sessions Judge Dharmender Rana of Patiala House Courts has issued fresh death warrants for the hanging of four convicts - Mukesh Singh, Vinay Sharma, Pawan Gupta and Akshay Singh- in the Nirbhaya gangrape-murder case on March 3 at 6 AM. The order was passed on a plea moved by Tihar Jail authorities. The Jail authorities under Section 413 of the Code of Criminal Procedure filed a plea for fresh death warrants on the ground that no legal proceeding was pending at the instance of any of the convicts.

  • By INTO LEGAL WORLD
  • Posted On Mon, 17 Feb 2020 04:48 PM

Exclusion of women for appointment at command post is violative of Article 14

In a significant judgement, Supreme Court bench of Justice DY Chandrachud and Justice Ajay Rastogi has held that permanent commission should be granted to women in army regardless of their service, except in combat roles. The bench held that the exclusion from appointments at command posts is a violation of Article 14. "It is an insult to women as well as the army when aspersions are cast on women, their ability and their achievements in the army", the Court observed. The government argued that physiological features and domestic obligations of women are reasons for denying them command appointments were criticised by the bench and the bench remarked it as “gender stereotypes.”| Secretary, Ministry of Defence vs Babita Puniya and others|17/02/2020

  • By INTO LEGAL WORLD
  • Posted On Mon, 17 Feb 2020 03:37 PM

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