National Initiative Towards Strengthening Arbitration And Enforcement In India

The Government of India through 'NITI Aayog' is organizing an high profile ‘National Initiative towards Strengthening Arbitration and Enforcement in India’ in New Delhi, in order to promote India as a global hub for arbitration amongst international practitioners, corporate houses and the Indian legal fraternity.The three day conference scheduled to be held from 21st October to 23rd...

Judicial Wit At Its Best; Justice Patel Gowns Up A Litigation War [Read Order]

Courtroom humour; by the bar is an integral part of the art of advocacy, especially when the bench is tired of long arguments or is not inclined to grant a favourable order. Sometimes, it flows naturally from either sides and is always taken in a lighter vein and is appreciated as the bond between the bar and the bench achieves strength from such moments. It is, however, rare that humour and...

Delhi High Court DB Refuses To Stay DU Photocopy Judgment

In yet another turn of events in the DU Photocopy case, a Division Bench of Delhi High Court has refused to stay the Judgment delivered by Justice Rajiv Sahai Endlaw . The appeal has however been admitted and is posted for hearing on November 29th.According to the SpicyIP report, after a round of contentions between lawyers for both sides, the two judge bench of Justice Pradeep Nandrajog...

Courts Have Power To Direct That Subsequent Sentence Shall Run Concurrently With Previous Sentence: SC [Read Judgment]

The Supreme Court in Benson vs. State of Kerala, has held that the normal rule in sub-section (1) of Section 427 of CrPC, that if a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the imprisonment to which he was previously sentenced, is subject to...

Section 102 CPC Cannot Be Invoked If Subject Matter Of Suit Involves Something More/Other Than Recovery Of Money: SC [Read Judgment]

The Supreme Court in Nagarpalika Thakurdwara vs. Khalil Ahmed & Ors, has held that, provisions of Section 102 of the Civil Procedure Code cannot be invoked if the subject matter of the suit is anything other than recovery of money or something more than recovery of money.Section 102 CPC states that no second appeal shall lie from any decree, when the subject matter of the original suit is...

Provisional Certificate Valid Till Degree Is Issued: Delhi HC [Read Judgment]

Coming to the rescue of the student community, the Delhi High Court in its judgment delivered on Wednesday said that provisional certificate issued by a University would be valid till degree is issued.Justice Sachdeva pronounced the judgement in the petition filed by Vinod Kumar, who was declined admission in L.L.B. first year for the session 2016-17 by the Delhi University (DU) despite...

Madras HC Calls Off Tamil Nadu Local Body Elections [Read Judgment]

The Madras High Court has quashed notification issued by the State Election Commission on 26th September, 2016, for the conduct of local body election for non-compliance to Rule 24 of the Tamil Nadu Panchayat (Elections) Rules, 1995.The court has ordered the authorities to issue a fresh notification and complete the election process latest by 31st December, 2016.The court also deliberated...

Senior Civil Judge Rachna Tiwari, Accused In Bribery Case, Gets Bail [Read Order]

A special court on Monday granted bail to bribery-accused Rachna Tiwari, senior civil judge of Tis Hazari Court Lakhanpal, on a bond of ₹50, 000.  She was caught red handed by the CBI accepting bribe last week. Her co-accused Vishal Mehan and her husband Alok Lakhanpal are still in prison.The special judge granted bail to the accused judge by taking into account her familial situations...

Bombay HC Orders Demolition Of Illegal Shrines That Block Pathways, Streets [Read Judgment]

The Bombay High Court has observed that construction of illegal shrines on pathways and streets is in no way integral part of any religion, so as to be protected under Article 25 of the Constitution.The court also slammed the authorities for their non-compliance with the government resolution directing demotion of illegal shrines. The authorities have been given an extension till year end...

Complainant Can’t Approach HC For Registering FIR Without Exhausting Remedies Under CrPC: Madras HC [Read Judgment]

If the police officer does not register FIR within one week from the date of receipt of the magistrate's order, the magistrate shall initiate prosecution against him, the Court said.The Madras High Court has recently held that a petition for a direction to register an FIR on the complaint of the petitioner is not maintainable before the high court if the petitioner has not exhausted...

SC Refuses To Stay P & H HC Judgment Quashing Parliamentary Secretaries Appointment

The Supreme Court has refused to stay the Judgment of Punjab and Haryana High Court which had quashed the appointments of 18 Chief Parliamentary Secretaries in Punjab.The Bench headed by Justice Madan B. Lokur has issued notice on the special leave petitions preferred by the Punjab Government, adding that this case will be listed with a similar appeal moved by the West Bengal government...

Patna HC Quashes Levy Of Entry Tax On Goods Brought To Bihar By E-commerce Sites [Read Judgment]

The Patna High Court in Flipkart Services Pvt. Ltd. vs. State of Bihar and WS Retail Services Pvt. Ltd. vs. State of Bihar declared entry tax levied on goods brought in through e-commerce sites as ultra vires to the Constitution.The bench comprising Chief Justice Iqbal Ahmed Ansari and Justice Chakradhari Sharan Singh said the provisions under the Bihar Finance Act, 2015, under...