District Court has no Power to Modify an Arbitral Award u/s 34 of the AC Act

Posted inCivil Cases & Proceedures1 Comment
In the issue whether the Principal District Court can modify arbitral awards under Section 34 & Section 37 of the Arbitration and Conciliation Act, 1996 (AC Act) the five member Constitutional Bench  in Gayatri Balasamy v M/S Isg Novasoft Technologies Limited [2025 INSC 605] decided that under the Sections 34 & 37, the Principal District Court has no power to modify the award.

Maintenance Not to be Granted Without Considering Affidavit on Assets & Liabilities

Posted inFamily, Marriage & Divorce, Matrimonial and Maintenance Cases
The Supreme Court (SC), in Aditi Alias Mithi v Jitesh Sharma [2023 INSC 981 ] directs the courts in India to follow the detailed guidelines issued by it in Rajnesh v Neha &  Another [(2021) 2 SCC 32], including filing of the uniform format of Affidavit for Disclosure of Assets and Liabilities, in maintenance proceedings.

Advocate can File Petition for Restoring a Suit Dismissed for Default

Posted inCivil Cases & Proceedures
A suit, which was dismissed for default, can be set aside and restored to file under Order IX Rule 9 of the Code of Civil Procedure (CPC), on the basis of an application made by the Advocate on the strength of Vakalatnama executed by the plaintiff in his favour in the interest of justice, says the High Court of Kerala in Balakrishnan v Geetha N G.

Demand of Bribe to be Proved in Bribery Case : SC Constitutional bench

Posted inCriminal Laws & Procedures, Prevention of Corruption Act
A Constitutional Bench of the Supreme Court (SC) declares, in Neeraj Dutta v State ( Govt of NCT, New Delhi) [2023(1) KLD 1 (SC), that the proof of demand and acceptance of illegal gratification by a Public Servant is a sine qua non to establish the guilt under Section 7 & 13 (1) (d) (i) of the Prevention of Corruption Act, 1988 (PCA).