High Courts
High Court Doesn't Qualify As Civil Court Under Section 2(1)(e) Of Arbitration Act, Has Jurisdiction Under Section 11(6): Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that the High Court itself does not qualify as a Civil Court under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996. Consequently, the High Court held that it has jurisdiction under Section 11(6) of the Arbitration Act, which grants it authority where the principal Civil Court...
Value Of Shares Allotted Under Employees Stock Purchase Scheme Can't Be Treated As Perquisite As Per Sec 17(2)(Iiia): Delhi High Court
While emphasizing that no tax can be levied on notional income, the Delhi High Court held that Valuation Report obtained by employer could have no application to a share which was subject to a lock-in stipulation and could not be sold in the open market. Since there was a complete embargo on the sale of those shares, the High Court held that value of shares allotted to the...
Night Watcher-cum-Sweeper, Continuous Service For More Than 10 Years, Orissa High Court Directs To Consider Regularization
A single judge bench of the Orissa High Court, comprising Justice Biraja Prasanna Satapathy, while deciding writ petition has held that irregular appointment may be regularized if the employee has worked for more than 10 years without the protection of a court order. Background Facts The Petitioner was employed as a Night Watcher-cum-Sweeper on November 21, 2003. The Petitioner...
Arbitration Clause In Partnership Firm's Agreement Remains Valid If Assets And Liabilities Transferred To Private Limited Company: Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that an arbitration clause in a partnership firm's agreement remains valid if a private limited company has taken over all the firm's assets and liabilities. The High Court held that this arrangement can be inferred from both the dissolution deed of the partnership firm and in the company's Memorandum...
'Sad State Of Affairs': Delhi High Court Seeks SOP For Cases Of Trainees Not Commissioned In IAF After Sustaining Injuries During Training
The Delhi High Court has recently directed the Union Government to produce the Standard Operating Procedure (SOP) or guidelines framed for dealing with cases of trainees who are injured during training and are not commissioned in the Indian Air Force (IAF).A division bench comprising of Justice Rekha Palli and Justice Shailender Kaur were dealing with the case of a young woman trainee who...
Arbitral Award Can Be Enforced Anywhere In Country Where Decree Is Executable: Madhya Pradesh High Court
The Madhya Pradesh High Court bench of Justice Dwarka Dhish Bansal has held that an award could be enforced through its execution in any location within the country where the decree could be executed. The High Court held that it is unnecessary to obtain a transfer of the decree from the Court that had jurisdiction over the arbitral...
Delhi HC Orders Take Down Of Videos Alleging Extramarital Affair By YSRCP Leader Vijaya Sai Reddy, Says Allegations May Impact Career, Reputation
In an interim order, the Delhi High Court has directed news channels and digital media platforms to take down videos and posts alleging that Vijaya Sai Reddy, Rajya Sabha Member of Parliament for Andhra Pradesh, was involved in an extra-marital affair.Reddy (plaintiff) filed a suit for injunction against news channels (defendant nos. 1 to 6), which include ABN Andhra Jyothi, Mahaa News, TV5...
Meghalaya HC Rejects NEET-UG 2024 Candidates' Plea Seeking Re-Test For Delay In Distributing Question Papers, Says Extra Time Was Provided
The Meghalaya High Court on Wednesday (August 14) dismissed the writ petition filed by the NEET-UG, 2024 candidates seeking a re-test as a compensatory measure against the loss of time at the exam centre on the part of the National Testing Agency (NTA). The petitioners had appeared in the National Eligibility-cum Entrance Test (UG) 2024 on 05.05.2024 at Jowai and Nongpoh exam centres,...
Rape A Condemnable Offence But Conviction Cannot Be On Ground Of Sympathy With Victim: Bombay High Court
The Nagpur bench of the Bombay High Court recently while acquitting a man convicted for raping a mentally and physically disabled minor girl, said courts cannot convict a person merely on the basis of sympathy and moral considerations.Single-judge Justice Govind Sanap noted various lapses on part of the prosecution to prove the fact that the appellant convict was the one, who raped the...
Atal Setu Is India's Premier Infrastructure Project, Cannot Be Risked Due To Stone Crushing & Blasting: Bombay High Court
The Bombay High Court recently said that the Mumbai Trans Harbour Sea Link alias Atal Setu is one of India's premier infrastructure projects undertaken after incurring expenditure of thousands of crores and thus it cannot be put to risk due to operations of stone crushing and blasting near the bridge.Single-judge Justice Sandeep Marne therefore, upheld the June 28, 2024 order passed by...
Interest Receipts From Non-Convertible Debentures Of Indian AE Are Not Subject To Dividend Distribution Tax: Delhi HC
The Delhi High Court has quashed the reassessment proceedings initiated against the Assessee on the ground that interest income on Nonconvertible debentures (NCDs) derived from Indian AE had been mischaracterized as interest instead of dividend. While holding so, the High Court rejected the argument put forth by the Department that although the funds were taken out in the form...
VSV Scheme Is Non-Tax Benefit Applicable Even To Medium Enterprise, Clarifies Bombay High Court
While granting benefit under the 'Vivad Se Vishwas I-Relief for MSMEs Scheme' (VSV Scheme) to the Assessee, even when it was re-classified as 'not an MSME', the Bombay High Court held that even though the Petitioner was re-classified as “not an MSME” for a period of three years from May 09, 2023, it was entitled to avail of all non-tax benefits available to a Medium...