IMPORTANT JUDGMENTS

JAIPRAKASH ASSOCIATES LTD. (JAL) THROUGH ITS DIRECTOR (APPELLANT(S)] VERSUS TEHRI HYDRO DEVELOPMENT CORPORATION INDIA LTD. (THDC) THROUGH ITS DIRECTOR [RESPONDENT(S)]—In the refereed case the Hon’ble Supreme Court vide order dated 07/02/2019 held that the arbitral tribunal cannot award interest if the Arbitral Agreement expressly bars its payment. The Court further observed that an arbitrator has power to grant pre-reference interest under the Interest Act as well as pendente lite and future interest, however, he is constricted only by the fact that an agreement between the parties may contain an express bar to the award of pre-reference and/or pendente lite interest

INDIAN YOUNG LAWYER’S ASSOCIATION & ORS. V. STATE OF KERALA & ORS.(28/09/2018): Also known as “Sabrimala case”.  In the instant case, the Hon’ble Supreme Court by 4:1 Majority held that devotion cannot be subjected to gender discrimination, and as a sequitor women entry was allowed in Sabarimala temple. Vide said judgment, the SC has permitted entry of women of all age groups to the Sabarimala temple, holding that ‘devotion cannot be subjected to gender discrimination’. The lone woman in the bench, Justice Indu Malhotra, dissented.