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Supreme Court Monthly Digest: March 2021 [74 SC Judgments] [Citation LL 2021 SC 118 To LL 2021 SC 192]


A Bench comprising of
Navin Sinha and
KM Joseph observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code.
Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in a decree from a suit would be covered, the bench headed by Justice RF Nariman observed in the judgment titled P Mohanraj & Ors. v. M/s Shah Brothers Ispat Ltd. ....

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Voicing dissent against government not sedition, says Supreme Court


Observing that expression of a view which is dissent from a decision taken by the central government itself cannot be said to be seditious, the Supreme Court on Wednesday dismissed a PIL seeking action against National Conference president Farooq Abdullah over his comments on abrogation of Article 370 of the Constitution.
A Bench of Justices Sanjay Kishan Kaul and Hemant Gupta rejected the plea and also imposed a fine of Rs 50,000 on the petitioners for making such claims and directed them to deposit the amount with the Supreme Court Advocates Welfare Fund within four weeks.
“The expression of a view which is dissent from a decision taken by the central government itself cannot be said to be seditious. There is nothing in the statement which we find so offensive as to give a cause of action for a court to initiate proceedings.” ....

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