Chhattisgarh High Court Takes Suo-Moto Cognizance Of Malaria-Diarrhea Outbreak In State, Seeks Details Of Measures Taken By Govt

Based on the news stories published in the Daily News Papers, the Chhattisgarh High Court took suo-moto cognizance of the Malaria and Diarrhea outbreak in the State of Chhattisgarh and the resultant deaths occurred due to the lack of medical facilities in the remote parts of Chhattisgarh.The Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal issued notice to the...

Stock Broker Forwarding Messages About Dormant Shares Can't Be Booked For Duping Shareholders: Bombay High Court

A person in the business of shares, forwarding certain WhatsApp messages concerning details of shares that can be dormant, cannot be booked for duping shareholders, the Bombay High Court observed recently while granting bail to a man, booked under charges of forgery and fraud.Single-judge Justice Manish Pitale while dealing with the bail application filed by one Manish Shah noted that he had...

Direct Tax Weekly Round-Up: 14 To 20 July 2024

Bombay High CourtJAO Cease To Have Jurisdiction To Issue Reassessment Notice Outside Faceless Assessment: Bombay High CourtCase Title: Royal Bitumen Private Limited, Mumbai Vs. Assistant Commissioner of Income-TaxThe Bombay High Court has held that the Jurisdictional Assessing Officer (JAO) would cease to have jurisdiction to issue any notice under Section 148A(b) and to take further...

Register Writ Petitions Against DRT/SARFAESI Proceedings As Unnumbered And Send To Bench : Kerala High Court To Registry

The Kerala High Court issued a notification on July 19 directing the Filing Scrutiny Officers to register petitions filed under the DRT Act and SARFAESI Act as unnumbered and sent to the Bench as per roster for directions.This is pursuant to the judgment of the Supreme Court in PHR Invent Educational Society vs. UCO Bank (Civil Appeal No. 4845/2024) deprecating the interference of the High...

Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court

The Bombay High Court bench of Justice Arif S. Doctor has held that the court cannot constantly interfere with and micromanage proceedings which are pending before Arbitral Tribunals. The bench held that the scope of judicial interference under Section 37(2)(b) of the Arbitration Act is limited in nature. The bench held that the court: (i) will not interfere with...

Immunity From Prosecution To Addicts Possessing Small Quantities Of Drugs Should Only Be Given When Addiction Is Proved: Punjab & Haryana HC

Observing that the "country is facing a threat to its socio-economic fabric" by massive drug consumption, the Punjab & Haryana High Court has issued a slew of directions to the Governments of Punjab, Haryana and UT Chandigarh to curb the drug menace.The Court emphasised that the benefit of immunity from prosecution for small quantities under Section 64-A of the Narcotic Drugs and...

'Subsequent Shareholders' Do Not Qualify As 'Association Or Body of Individuals' Under Section 2(1)(f)(iii) Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Prateek Jalan has held that “subsequent shareholders,” each holding a specific number of shares and having the right to exit the company under defined conditions while undertaking individual rights and obligations, do not qualify as an "association or body of individuals" under Section 2(1)(f)(iii) of the Arbitration and Conciliation...

Decree Holder Not Entitled To Interest For Period Between Deposit of amount and its Release : Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that the Decree Holder is not entitled to interest on the amount deposited by the Judgment Debtor for the period between the date of deposit and the date of release permitted by the court. The bench held that the entitlement to interest does not extend to the period between the deposit and the withdrawal application if...

Intention To Arbitrate Must Be Assessed Holistically In Transactions Involving Interlinked Agreements, Even If Some Agreements Lack Explicit Arbitration Clauses: Delhi High Court

The Delhi High Court single bench of Justice Pratibha M. Singh held that in a composite transaction involving multiple interlinked agreements, courts should assess the intention to arbitrate holistically and refer disputes to arbitration even if some agreements lack explicit arbitration clauses. Brief Facts: Nishesh Ranjan and Vandana Srivastava (“Petitioners”) entered into...

Single Judge Of Commercial Division Has Jurisdiction Over Original Applications In International Commercial Arbitration: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that original applications related to International Commercial Arbitration are to be entertained by the Single Judge of the Commercial Division. The High Court held that the Commercial Courts Act, 2015 defines the Commercial Division and the Commercial Appellate Division distinctly. The...

Enforcement Of Foreign Arbitral Award, Repeated Non-Compliance; Rajasthan High Court Sentences Director Of Company Civil Imprisonment

The Rajasthan High Court bench of Dr. Justice Nupur Bhati has ordered the director of a company to one month of civil imprisonment for failing to disclose its assets in the enforcement of a foreign arbitral award. The High Court with its prior judgment ordered the foreign award to be enforceable and executable as a decree of the court. For the enforcement and execution of...

AAP Leader Somnath Bharti Moves Delhi High Court Challenging Election Of BJP MP Bansuri Swaraj

Aam Aadmi Party (AAP) leader Somnath Bharti has moved the Delhi High Court challenging the election of BJP's Bansuri Swaraj as Member of Parliament from New Delhi Parliamentary Constituency in the Lok Sabha Polls, 2024, on the grounds of 'corrupt practices'. The matter will be heard on Monday by Justice Manmeet Pritam Singh Arora. Bharti also contested the seat but was declared as lost by...