High Courts
Unilateral Appointment Of Arbitrator & Non Service Of Notice : Madras High Court Sets Aside Arbitral Award
The Madras High Court bench of Justice Krishnan Ramasamy has set aside an arbitral award where the opposite party proceeded with arbitration unilaterally and appointed the Arbitrator without any intimation to the claimants. Further, the claimants neither received notices of hearing nor appeared before the Tribunal, and consequently, the Arbitrator did not afford any opportunity...
O.VIII R.1 CPC | Filing Written Statement Within Maximum Period Of 90 Days Is Directory Not Mandatory: Jharkhand High Court
The Jharkhand High Court has ruled on the procedural aspect of filing written statements under Order VIII Rule 1 of the Civil Procedure Code (CPC), emphasising that the time limits prescribed are meant to expedite proceedings rather than obstruct them. The Court clarified that while the standard time frame for filing a written statement is 30 days from the service of notice, the trial court...
Execution Of Sale Deed Must Be Proved By Witnesses Or Parties Before Being Marked As Exhibit In Trial: Jharkhand High Court
The Jharkhand High Court has held that while a sale deed is initially a private document, it becomes a public document upon registration with the Registrar. However, for the sale deed to be marked as exhibited in a trial, its execution must be proven by witnesses or parties involved in the sale deed.Justice Subhash Chand presiding over the case observed, “The sale deed is the private...
Arbitrator's Award For Compensation For Excess Work And Business Loss Without Sufficient Evidence Is Perverse, Contrary To Fundamental Policy: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the arbitrator's decision to award compensation to the claimant for excess work and business loss, without sufficient evidence to support these claims, is perverse and contrary to the fundamental policy of Indian law. Brief Facts: The matter pertained to an arbitral award that granted monetary claims...
CBI Did Not Probe Thoothukudi Firing Incident Independently: Madras High Court
The Madras High Court has come down heavily on the Central Bureau of Investigation for its failure to bring to light the original culprits in the 2018 Thoothukudi Police Firing during the Anti-Sterlite protests.The bench of Justice SS Sundar and Justice N Senthilkumar said that the agency had failed miserably and the fact that the agency had named only one inspector in its charge sheet would...
When Multiple Contradictory Dying Declarations Are Recorded, One Given To Magistrate Must Be Relied Upon: Rajasthan High Court
The Rajasthan High Court has reversed and set aside a conviction order after 35 years, acquitting the surviving accused out of the total three accused who were convicted of murder and sentenced to life imprisonment by the trial court in 1989.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman observed that in case of multiple dying declarations which are...
PM Modi Interview: Delhi High Court Orders 4PM's Editor-In-Chief To Remove 'Defamatory Tweets' Against The New Indian's Rohan Dua
The Delhi High Court has recently passed an ad-interim injunction order for removal of “defamatory tweets” posted by Sanjay Sharma, Editor-In-Chief of Lucknow's evening daily, 4 PM Evening Newspaper, and two other individuals against The New Indian's Editor-In-Chief Rohan Dua in relation to his interview with Prime Minister Narendra Modi during the 2024 general elections.Justice Vikas...
Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines
The Madhya Pradesh High Court has emphasized the necessity of expediting case disposals in revenue courts, extending the Supreme Court's guidelines applicable to High Courts and District Courts to include revenue courts as well. The judgment was delivered by Justice G.S. Ahluwalia in the case of Smt. Kanwaljeet Kaur versus State of M.P. and Another (Writ Petition No.18743 of 2024).The...
Delhi High Court Weekly Round-Up: July 22 To July 28, 2024
Citations 2024 LiveLaw (Del) 811 to 2024 LiveLaw (Del) 851NOMINAL INDEXPhonographic Performance Limited vs Al-Hamd Tradenation 2024 LiveLaw (Del) 811 DHANYA RAJENDRAN & ANR. v. GALAXY ZOOM INDIA OVT LTD & ORS. 2024 LiveLaw (Del) 812 CIT Versus A.T. Kearney Ltd. 2024 LiveLaw (Del) 813 Priyam Sharma vs. State NCT of Delhi 2024 LiveLaw (Del) 814 COMMISSIONER OF POLICE AND ANR v....
Calcutta HC Declines To Quash Case Against Man Who Allegedly Insulted Son-In-Law's Tribe, Said "Tum Log Chhota Jaat Hai"
The Calcutta High Court has declined to quash a case initiated under the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, (SC/ST Act) against a man who allegedly insulted his son-in-law using casteist slurs in his locality when the complainant had gone to bring his wife back from her maternal home.It was alleged that the accused said: “tum jaisa nich jat ke sath...
Article 23A Of Schedule I-A Of Stamp Act Applies To Agreements To Sell Under Section 53A Of Transfer Of Property Act: Delhi High Court
The Delhi High Court bench of Justice C.Hari Shankar has held that Article 23A of Schedule I-A of the Stamp Act applicable in Delhi covers Agreement to Sell to which Section 53A of the Transfer of Property Act (TPA) applies. Section 53A of the TPA is designed to protect a transferee who has part performed a contract for the transfer of immovable property. To avail of this...
S. 152 CPC | Clerical, Arithmetical Mistakes Can Be Rectified In Judgment And Decree: Jharkhand High Court
The Jharkhand High Court has held that in accordance with Section 152 of the Code of Civil Procedure, clerical and arithmetical mistakes can be rectified in judgements and decrees. Justice Subhash Chand presiding over the case, observed, “In view of Section 152 of the Code of Civil Procedure, the clerical and arithmetical mistake can be rectified the judgment and decree as well. The...