The Supreme Court has confirmed an arbitral award directing BPL to pay 36% annual interest with monthly compounding, ruling that parties are bound by the contract they sign. The Court said high interest in commercial deals is not “unconscionable” when agreed between equal parties.
Madras: The Madras High Court ruled that no caste can claim ownership of a temple or administer it based on caste identity. The Court clarified that such a practice is not a protected religious right under the Indian Constitution. Justice Bharatha Chakravarthy dismissed a plea seeking separate administration of a temple based on caste identity.
The Supreme Court will form a Constitution Bench to examine the authority of courts to modify arbitral awards. A bench led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, referred the matter to a five-judge bench on Thursday. The decision highlights the importance of clarifying judicial powers in arbitration cases.
Today, 11th December, the Supreme Court overturned a Telangana High Court ruling regarding a dowry harassment case against Atul Subhash and his family. It emphasized the misuse of legal provisions to target innocent individuals amidst marital disputes. The ruling followed Atul’s tragic suicide, highlighting the need for careful judicial handling of such sensitive accusations.
Justice BV Nagarathna, born on 30-10-1962, assumed office in the Supreme Court of India on 31-08-2021. With 68 authored judgments, notable cases include Bilkis Yakub Rasool v Union of India and Vivek Narayan Sharma v Union of India. She is celebrated for pioneering women’s representation in the judiciary.
Today, On 13th November, the Supreme Court criticized the practice of “bulldozer justice,” highlighting the negative impact on vulnerable families, particularly women and children. The Court established guidelines mandating due process before demolitions, stressing that homes symbolize significant socio-economic aspirations and cannot be eliminated based solely on accusations.
The Supreme Court ruled that government entities cannot include clauses for unilateral arbitrator appointments in public-private contracts, as these violate Article 14 of the Constitution, undermining fairness. The decision, led by Chief Justice DY Chandrachud, applies to three-member arbitration panels, emphasizing equal treatment and impartiality in the arbitration process.
Chief Justice D.Y. Chandrachud noted that a Supreme Court report on prisoner issues was inspired by President Murmu’s speech on inmates’ challenges. He emphasized the importance of judicial reforms for prisoners’ rights, revealed new publications marking the Supreme Court’s 75th anniversary, and addressed issues like menstrual equity and caste discrimination in prisons.
Today, On 17th October, the Supreme Court postponed the hearing on petitions challenging the Patna High Court’s ruling that upheld Bihar’s caste-based survey legality. The hearing will now occur on November 7, 2024. The survey aims to collect socio-economic data to support targeted welfare schemes in the state.
Today, On 27th August, The Supreme Court directed the Central Government to set up teams to inspect and remove encroachments on national highways, aiming to maintain traffic flow. The court instructed the Ministry of Road Transport and Highways to form inspection teams and develop a portal for public reporting of encroachments. The matter will be revisited on October 14.