14/08/2023
Court is powerless to modify the award unless the conditions spelt out under Section 34 of the Arbitration Act have been established. –– Supreme Court Apex Court interfered with the judgment of High Court that modified the award by reducing interest from 18% to 9% on the ground that since under Section 31(7), the statutory rate of interest itself is contemplated at 18% per annum there is little to no reason, for the High Court to have interfered with the arbitrator’s finding ...
view more14/08/2023
A social media post (invoking the public to protest against authorities) using a file photograph and falsely quoting the CJI that has been circulated is FAKE. Clarifies Supreme Court press note For press noteclick here
view more13/08/2023
The “unequal application” of a uniform criteria, a wooden equality without regard to the inherent differences, is that Article 14 frowns upon, and forbids. – Supreme Court In this case the Court was on an enquiry as to whether the minimum qualifying marks required for sports quota that was increased to 75% is discriminatory or not. The Apex Court recognising the objective of introducing sports quota, as not to accommodate academic merit, but promotion of sports in the institut...
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An insurance company is expected to act in a bonafide and fair manner. Merely because the content of the findings of the surveyor is not to its liking it cannot ignore them and sweep it under the carpet. –– Supreme Court An insurance company repudiated the claim, of an insured firm which undertook prawn cultivation, based on the unfounded assertion that the firm had failed to maintain and provide proper records. The Supreme Court ordered the insurance Company to pay the lowest value...
view more12/08/2023
[Kerala Abkari Act] Simply because the person who detected the commission of the offence, is the one who filed the report or investigated, such an investigation cannot be said to be bad in law. [Kerala Abkari Act] Testimonies of official witnesses not to be discarded simply because independent witnesses were not examined. Correctness or authenticity to be doubted only on “any good reason” –– Supreme Court Sathyan v. State of Kerala Hon’ble Justice Abhay S. Oka &...
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