Legal News | September 16

India’s Mediation Act, 2023 Gains Presidential Assent: Mandatory Pre-Litigation Mediation Sparks Controversy

The Mediation Act, 2023, has secured presidential assent in India and was officially published on September 15. This legislation mandates individuals to attempt mediation as the first step in resolving civil or commercial disputes before turning to the courts or tribunals. After two mediation sessions, parties can opt to withdraw and the mediation process must conclude within 180 days, extendable for another 180 days if all parties agree. 

A Mediation Council of India will oversee the process, regulating mediators and mediation services. While the Act has faced criticism for compulsory pre-litigation mediation, concerns about the council’s composition and the absence of provisions for enforcing international mediation settlements outside India, it represents a significant legal development.

Supreme Court Refers Armed Forces Unit Canteen Employees’ Employment Status Case to Larger Bench Due to Conflicting Judgments

The Supreme Court of India has referred a crucial case concerning the employment status of civilian workers in Unit Run Canteens (URCs) within the Armed Forces to a larger bench. The decision arises from contradictory rulings in earlier cases, specifically the Mohd. Aslam (2001) and R.R. Pillai’s (2009) cases. 

While ‘Union of India vs. Mohd Aslam’ recognised URC employees as government workers, ‘R.R. Pillai vs. Commanding Officer, HQS, Southern Air Command(U)’ held the opposite view. As a result of this legal discrepancy, the Supreme Court has determined that the matter warrants consideration by a larger bench. The case hinges on whether URC employees should be classified as government servants or not, with significant implications for their employment rights.

Supreme Court Upholds Conviction in Dowry Death Case Despite Lack of Positive Viscera Report

The Supreme Court of India has upheld the conviction of the accused in a dowry death case, even in the absence of a positive viscera report. The case involved the alleged suicide of Tuli Shah due to dowry harassment. The Court emphasised that the absence of poison detection in the viscera report alone should not be considered conclusive proof that the victim did not die from poison. 

It cited previous cases and medical evidence indicating that it can be challenging to detect poison in such cases. The judgment underscores the importance of considering all circumstances and evidence when determining guilt in dowry death cases.

Supreme Court Grants UGC Pay Scale Benefit to Physical Instructors Despite Subsequent Karnataka Government Order

The Supreme Court has granted two Physical Education instructors the benefit of the revised UGC pay scale, effective from January 1, 1996, based on a 1999 Karnataka Government Order (G.O). This decision was made despite a 2008 G.O that had limited the pay revision’s applicability starting from July 27, 1998. 

The Court cited a previous Karnataka High Court judgment from 2009, which extended the same benefit to a similarly situated individual despite the 2008 G.O and noted that the State Government did not seek a review of this judgment. The ruling also clarified that this benefit would apply to all pending cases seeking similar relief for similarly situated employees but would not open concluded cases for reexamination.

Jharkhand High Court: Insurer of Vehicle in Accident Must Pay Interest Under Employees Compensation Act

The Jharkhand High Court has ruled that insurers of motor vehicles involved in accidents resulting in the death or injury of employees cannot escape the responsibility to pay interest on the principal compensation award under the Employees Compensation Act, 1923. 

In a case where a Labor Court’s award did not include interest as mandated by Section 4(A) of the Act, the High Court emphasised that compensation should be calculated from the date of the accident and interest calculations should commence from that very date. The ruling serves as a significant clarification of the insurer’s liability in such cases.

Bombay High Court Orders Compensation for ‘No Man’s Land’ Owners Linking Mumbai to Airport

The Bombay High Court has ruled that private property used for public purposes, even if not officially taken over by any planning authority, should receive compensation. This decision came in a case concerning a company that owned a piece of land used for the Sahar Elevated Road, providing connectivity to the Chhatrapati Shivaji Maharaj International Airport in Mumbai. Both the Mumbai Metropolitan Region Development Authority (MMRDA) and the Brihanmumbai Municipal Corporation (BMC) claimed no control over the land in question. 

As a result, the court directed the BMC to grant Transferable Development Rights (TDR) to the petitioner, Eversmile Construction Company Pvt Ltd., in lieu of the land, emphasising that private property cannot be taken without some form of compensation, as mandated by Article 300A of the Indian Constitution.

Bar Council of India Offers to Conduct CLAT, Advocating for Regional Languages in Exam

The Bar Council of India (BCI) has offered to conduct the Common Law Admission Test (CLAT), an entrance exam for admission to National Law Universities (NLUs) in India. BCI’s proposal comes in response to a Public Interest Litigation (PIL) demanding that CLAT be held in regional languages along with English. The BCI argued that no deserving candidate should be deprived of taking CLAT due to a lack of English proficiency. 

They suggested that their Legal Education Committee, including judges and legal education experts, could oversee the examination. Both the BCI and the Central government support the PIL, but the NLUs have raised concerns about the feasibility of conducting CLAT in regional languages for 2024.