Justice Nuthalapati Venkata Ramana, who had ruled against the Narendra Modi government over the Internet restrictions in Jammu and Kashmir and delivered several trend-setting judgments, was on Saturday elevated as the 48th Chief Justice of India.
President Ram Nath Kovind formally administered the oath of office and secrecy to Ramana at a brief event held at the Rashtrapathi Bhavan where Vice-President M. Venkaiah Naidu, Prime Minister Narendra Modi, outgoing CJI S.A. Bobde, judges of the Supreme Court and several other dignitaries were present.
A former journalist with one of the leading Telugu dailies Eenadu, Justice Ramana will have a tenure of 16 months and will retire on August 26, 2022.
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[1] recently held that the issue whether an agreement which contains an arbitration clause has or has not been novated, cannot be decided by the Courts at the Section 11 stage. The judgment is a step forward, since it clarifies the narrow scope of judicial intervention at the pre-reference stage.
Background Facts The issue arose out of a Memorandum of Understanding executed between members of the Prakash family (i.e. the Appellant and the Respondents), who collectively held the entire share-holding of ANI Media Private Ltd. ( the Company ). The MoU
inter alia provided that in the event any members of the Prakash family were desirous of selling / bequeathing their shares, the same shall be offered to the Appellant. The MoU contained an arbitration clause, which provided for resolution of disputes by a sole arbitrator.
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The Supreme Court observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition filed under Section 11 of the Arbitration and Conciliation Act.
Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties, the bench comprising
Justices RF Nariman, BR Gavai and Hrishikesh Roy said.
The Court was considering an appeal against dismissal of a petition under Section 11 of the Act filed before the High Court of Delhi. The High Court was of the view that the memorandum of understanding [which contained the arbitration clause] ceased to exist on and from the date of the Shareholders Agreement which superseded the aforesaid MoU and novated the same.
Justice NV Ramana appointed as the 48th Chief Justice of India telegraphindia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from telegraphindia.com Daily Mail and Mail on Sunday newspapers.
The Supreme Court has observed that the amendments to Section 11(7) and 37 of the<b> Arbitration and Conciliation Act, 1996</b> might be necessary so that the orders passed under Section 8 and 11 are brought .