A three-judge Bench of the Supreme Court, led by Justice R F Nariman, struck down Section 87 of the Arbitration and Conciliation Act, 1996, which was inserted through the 2019 Amendment Act. It provided for an automatic stay on enforcement of the award once the opposite party challenged the award in court. The Bench noted about six years were spent on an average in defending these challenges, and the money, therefore, was stuck for a long time. The case had been filed through a writ petition in the apex court by infrastructure firm Hindustan Construction Company (HCC) and Gammon India. Read more...
In an important observation, the Supreme Court said the Centre could not withhold disclosure of documents citing 'national security' as a reason, if concealing the documents could do more harm than disclosing them. The observation dismissed the Centre's primary objection of privilege on the documents. This observation by Justice K M Joseph came during a judgment on the Rafale fighter jet deal case. Read more...
The Supreme Court referred its judgment on passing of Finance Act 2017 as Money Bill to a larger Bench to examine the validity of the move. A five-judge Constitution Bench of the SC doubted the correctness of the Aadhaar judgment, stating that the Aadhaar Act could not have been passed as Money Bill. An SC Bench headed by the then CJI Ranjan Gogoi said: "The issue and question of Money Bill, as defined under Article 110(1) of the Constitution, and the certification accorded by the Speaker of the Lok Sabha in respect of Part-XIV of the Finance Act, 2017, is referred to a larger Bench." Read more...
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