Supreme Court on Discharge of Decree
The Supreme Court (“SC”) has held in the case of M/s Kohinoor Transporters v. State of Uttar Pradesh that the issue as to whether a decree has been discharged or satisfied has to be determined by the executing court under Section 47 of the Code of Civil Procedure (“CPC”). The SC further ruled that appointing a Chartered Accountant for this purpose would fall out of the jurisdiction of the High Court.
Supreme Court on Section 34 of Arbitration Act
The SC held in the case of M/s Emkay Global Financial Services Limited v. Girdhar Sondhi that an application under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) for setting aside an arbitral award will not ordinarily require anything beyond the record that is before the Arbitrator. There is no requirement under the provisions of Section 34 for parties to lead evidence.
Supreme Court on Sports as a Fundamental Right
The SC on August 20, 2018 issued a notice to the Central Government, the State governments, and the Union Ministry of Youth Affairs and Sports among others, in response to a petition seeking that Sports be recognized as a fundamental right under Article 21A of the Constitution. The SC has agreed to hear the merits of this petition.