High Courts
Recovery Of Debt Of Bank Under SARFAESI Act Prevails Over Debts Under FEMA: Karnataka High Court
The Karnataka High Court recently held that provisions of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act (SARFAESI) will override the provisions of the Foreign Exchange Management Act,(FEMA) which is a subsequent enactment, the debt of a secured creditor–Bank, would have priority and prevail over all other debts.A single judge bench of...
Rajasthan High Court Grants Bail To Man Booked For Sending 'Dummy Candidate' To Take Govt Examination On His Behalf
The Rajasthan High Court granted bail to an accused booked for sending a dummy in an examination for the post of teacher based on the revelation that the candidate was not apprehended in the examination hall, and rather that the case was lodged one year after the examination was held.The bench of Justice Farjand Ali was hearing the bail application filed by the accused. It was alleged that...
Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held the inclusion of a non-signatory in arbitral proceedings is not solely dependent on the non-signatory being part of the same group of companies as the signatory.The bench further clarified that a non-signatory can be included in arbitration if there is a contractual relationship that makes the non-signatory partially or...
Woman's Decision To Continue Pregnancy Or Go For Its Termination: Allahabad High Court On 32 Weeks Pregnancy Of 15-Yr-Old
While dealing with a case of 15 years old pregnant rape victim, the Allahabad High Court has held that it is a woman's decision whether to continue pregnancy or go ahead with medical termination of pregnancy.Allowing continuation of pregnancy after counselling the victim and her parents of the risks involved with medical termination at 32 weeks pregnant, the bench comprising of Justice Shekhar...
Delhi's Shahdara Bar Association Supports PIL To Reserve 33% Seats For Women Lawyers In Lawyers' Bodies Elections
Delhi's Shahdara Bar Association has filed an affidavit before the Delhi High Court supporting a PIL seeking reservation of 33% seats for women lawyers in the elections of Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and All District Bar Associations in the national capital.The Executive Committee of the Shahdara Bar Association has said that it is in complete...
Allahabad High Court Sets Aside Part Of Award Dealing With Non-Arbitrable Dispute
The Allahabad High Court has held that disputes regarding works undertaken by party independent of the contract which contains the arbitration agreement cannot be determined under such arbitration agreement.Section 70 of the Contract Act, 1872 provides that a party is bound to compensate the other party for the work done by the latter party when there was no intention to do the...
Delhi High Court Refuses To Stay Netflix Release Of 'Tribhuvan Mishra CA Topper' Show On ICAI's Plea
The Delhi High Court has recently refused to stay the release of “Tribhuvan Mishra CA Topper” show on OTT platform Netflix. In an order passed on July 16, Justice Navin Chawla saw trailer of the show and observed that it did not refer to the profession of Chartered Accountancy in any manner. “It is a series which appears to be more in the genre of comedy, and merely describes the...
Evolve Protocol To Scrutinize Pleadings Before Filing: Delhi High Court To MCD
The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to evolve a protocol to scrutinize the pleadings and averments before they are filed in courts and ensure that they align with the law of the land. A division bench comprising Justice Rajiv Shakdher and Justice Tara Vitasta Ganju directed the Deputy Commissioner (Law) of MCD with the assistance of the Chief Law Officer...
Jharkhand High Court Dismisses Dept's Appeals For Not Filing Delay Condonation Application Along With Appeal Memo
The Jharkhand High Court, while dismissing the appeal filed by the department, held that a delayed condonation application not filed with an appeal memo and subsequent filing cannot cure defects.The bench of Chief Justice B.R. Sarangi and Justice Sujit Narayan Prasad has observed that time and again if the appeal memo does not contain an application of delay condonation and was not filed at...
"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law.The Court held that retiral benefits awarded at the time of superannuation cannot be subject to...
Revoking Suspension Of Customs Broker Licence Can't Restrict Dept. From Inquiring For Imposition Of Penalty: Delhi High Court
The Delhi High Court has held that the revoking suspension of license cannot restrict the customs department from inquiring for imposition of penalty.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the mere fact that the suspension of license had come to be revoked cannot possibly be viewed as restricting the respondents from proceeding further in accordance...
Misunderstanding Of Basic Contractual Framework Vitiates Arbitral Award: Delhi High Court
The Delhi High Court bench of Justice Sachin Datta has held that an award with misreading/misunderstanding of the basic contractual framework vitiates it at its root and makes it vulnerable to challenge under Section 34(2)(b)(ii) and 34(2A) of the Arbitration and Conciliation Act, 1996.Section 34(2)(b)(ii) provides a basis for challenging an arbitral award on the grounds of public policy....