High Courts
Mere Apprehension That Person Would Flee India Is Not Enough To Issue Look Out Circular: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that mere apprehension that a person would flee India and no steps could be taken to recover the money is not enough to issue a Look Out Circular (LOC) against him. Brief Facts: The matter pertained to a writ petition which was filed by an erstwhile Director of Visa Power Limited ("company in liquidation"). The...
Reciprocal Promises In Settlement Agreements Must Be Executed Simultaneously: Delhi High Court
The Delhi High Court bench of Justice Navin Chawla has held in a settlement agreement where both parties have made reciprocal promises, these promises must be executed simultaneously. Brief Facts: The dispute revolved around the execution of a decree from a 2005 suit filed to dissolve the partnership firm M/s Hotel Marina (Decree Holder). The decree, issued in March 2006 based on...
Owner/Occupier Of Property Will Have To Pay Water Tax, Water Benefit Tax Even If They Do Not Consume Water From BMC: Bombay High Court
In a significant ruling, the Bombay High Court last week held that an owner of a property will have to pay the water tax and the water benefit tax irrespective of whether the owner or occupier of the property uses the water facility or not.A full bench of Justices Atul Chandurkar, Manish Pitale and Sandeep Marne was dealing with a reference made by a single judge, way back in 2007 framing...
Witnesses In Arya Samaj Mandir Marriages Must Be Genuine And Bonafide: Delhi High Court
The Delhi High Court has declared as void a marriage solemnized between a woman and her real uncle in an Arya Samaj Mandir after a false affidavit was given by the man stating himself to be unmarried when he had a wife and son.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma saw the photographs of the marriage and noted that apart from the couple, nobody was present...
Independent, Non-Executive Directors Of Company Cannot Be Held Liable Under Section 138 Of NI Act Without Specific Allegations: Delhi High Court
The Delhi High Court bench of Justice Amit Mahajan has held that independent, non-executive directors of an accused company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, if the complaints do not include specific allegations detailing their active role in the offence. Brief Facts: The matter pertained to petitions which challenged summoning...
J&K CCA Rules 1956 | Forfeiture Of Increment Is A Major Penalty Due To Permanent Pay Reduction, Requires Detailed Enquiry Under Rule 33: High Court
The High Court of Jammu & Kashmir and Ladakh at Srinagar has declared that the forfeiture of increments is a major penalty, necessitating a comprehensive departmental enquiry under Rule 33 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (CCA Rules).A bench comprising Justice Sanjay Dhar observed that the forfeiture of increments, which...
[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court
The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence.A single judge bench of Justice M Nagaprasanna while refusing the quash the abatement to suicide charge against Mayukh Mukherjee said “In the life of husband and wife it cannot be said that there should be...
Allegations Of Fraud And Time-Barred Claims Must Be Addressed By Arbitral Tribunal, Not Court: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that issues such as allegations of fraud and claims that the applicant's claims are time-barred must be addressed by the arbitral tribunal rather than the court. Brief Facts: The matter pertained to a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 which sought the reference of a dispute...
[Rule 76 Rajasthan Minor Mineral Concession Rules] NOC Not Needed By Beneficiary Of Will To Mutate Lease In Their Name: High Court
Rajasthan high Court has ruled that Rule 76 of the Rajasthan Minor Mineral Concession Rules, 2017 (“the Rules”) applies only when the lease holder dies intestate, without any will.Rule 76 of the Rules provides for the procedure of mutation of the mineral license to be executed in the name of the legal heirs when the license holder dies during the subsistence of the license period. The...
Section 34 Challenge Unwarranted If Arbitrator's Judgment Is Well-Reasoned And Based On Evidence: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that if an Arbitrator's judgment is well-reasoned and backed by substantial evidence, there are no grounds to challenge it under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: The matter pertained to a dispute between BLA Projects Private Limited (the claimant/respondent) and...
Trademark Infringement: Bombay High Court Grants Temporary Relief To US Fast-Food Giant "Burger King", Restrains Pune-Based Outlet
In a temporary respite for the United States food giant 'Burger King' the Bombay High Court on Monday granted an ad-interim order, restraining a Pune-based food joint from using the trademark 'Burger King' till further hearing in the matter.A division bench of Justices Atul Chandurkar and Rajesh Patil said it will hear the appeal filed by Burger King Corporation, the US food company through...
Delhi High Court Orders Website To Pay Rs. 5 Lakh Costs To Louis Vuitton For Unauthorised Use Of Copyrighted Photos
The Delhi High Court has recently ordered Rs. 5 lakhs as costs in favour of famous French luxury brand Louis Vuitton in its suit against a website for use of its photographs without authorization.Justice Mini Pushkarna directed the website, www.haute24.com and its owner to pay the costs to Louis Vuitton, which is situated in France, directly.The court also injuncted the website from using...