High Courts
Referral Court Under Section 11 Can't Decide The Arbitrability of Non-Notified Claim: Delhi High Court
The Delhi High Court bench of Justice C. Harishankar, while deciding a Section 11 application, has held that a referral court under Section 11 cannot examine the arbitrability of non-notified claims. After the SBI General Insurance Co Ltd v. Krish Spinning judgment, the arbitral tribunal will decide on the arbitrability of disputes. Facts: The appellant and respondent entered...
Maharashtra Police Not Serious About Probing Crimes Against Women & Children, Where Should Hapless Victims Go? Bombay High Court Remarks
If police in Maharashtra are going to be insensitive towards women and show their 'lackadaisical' attitude in investigating crimes against women and children, where should the poor, hapless women go? the Bombay High Court orally remarked on Wednesday while criticising the 'shoddy' probes in numerous cases pertaining to crimes against women.A division bench of Justices Ajay Gadkari and Dr...
Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed after July 01, then provisions of BNSS...
Delhi High Court Grants Bail To Hyderabad Businessman Arun Pillai In Money Laundering Case Linked To Excise Policy
The Delhi High Court on Wednesday (September 11) granted bail to Hyderabad-based business Arun Ramchandran Pillai in a money laundering case linked to the now scrapped excise policy. A single judge bench of Justice Neena Bansal Krishna in its judgment, referred to the Supreme Court's decision in Manish Sisodia v Enforcement Directorate and observed that the "triple test" for grant of bail...
Customer In A Bar Encouraging Women To Dance In Obscene Manner Cannot Be Booked U/S 294 IPC: Bombay High Court
The Bombay High Court on Tuesday (September 10) while quashing a First Information Report (FIR) lodged against a man under Section 294 IPC (Obscene acts and songs) noted that he was only shown to be 'encouraging' the women in the bar to dance in an 'obscene' manner.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale held that the mere 'encouraging' of women in the dance bar to dance...
Unlike S.125 CrPC, Maintenance Under Domestic Violence Act Not Connected With Wife's Inability To Maintain Herself: Delhi High Court
Dismissing a plea moved by a husband and his kin against an order directing him to pay maintenance to his wife under the Domestic Violence Act, the Delhi High Court agreed with the trial court's observation that unlike Section 125 CrPC, maintenance under the DV Act is not linked to the inability of the wife to maintain herself. The observation came in a plea moved by a man and his family...
MP HC Bins Plea Challenging Probe Into Illegal Toll Tax Collection By Gram Panchayat, Flags Ambiguity Over Types Of Vehicles In Statute
The Madhya Pradesh High Court has dismissed a writ petition filed by the Gram Panchayat Hargarh, challenging the Sub Divisional Officer's directive to investigate illegal toll tax collection. The Panchayat had sought to quash the letters dated April 13 and 21, 2023, which prompted the enquiry into tolls imposed by the Panchayat on vehicles entering the area.Justice Vishal Dhagat examined Entry...
Tossing Award File From One Table To Other By State Not Enough To Condone Delay ; Himachal Pradesh High Court
The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that the explanation for the delay in filing objections under Section 34(1) of the Arbitration and Conciliation Act, 1996 is insufficient to justify condoning the delay if it appears that the file was merely tossed from one table to the other by the State. Brief Facts: The objectors/applicants, State...
Madras High Court Sets Aside Order Passed Against A Dead Person
The Madras High Court sets aside an order passed by the Deputy State Tax Officer against a dead person. The Bench of Justice Krishnan Ramasamy observed that “the impugned order was passed by the Deputy State Tax Officer/respondent against a dead person, who was passed away on 21.11.2019. In such case, the impugned order is liable to be set aside.” Facts of...
Past Tax Claims Against Corporate Debtor Stands Extinguished Consequent To Approval Of Resolution Plan Under IBC: Bombay HC
Since upon the completion of Corporate Insolvency Resolution Process (CIRP), the Assessee has changed hands and commenced under a new ownership and management, the Bombay High Court held that tax proceedings pertain to period prior to the CIRP, and consequent to the approval of the resolution plan, the tax proceedings stand extinguished. The Division Bench of Justice G. S....
Contempt Proceedings Inappropriate For Resolving Complex Disputed Factual Issues: Delhi High Court
The Delhi High Court bench of Justice Dharmesh Sharma has held that the contempt proceedings are not the appropriate forum to resolve disputed factual issues such as conducting a detailed accounting analysis to determine the fairness or justification of accounting practices. Brief Facts: The matter pertained to contempt petitions which were filed under Section 12 of the Contempt...
High Court Seeks Delhi Home Minister's Personal Affidavit Over Non-Compliance Of Order For Constituting 'Board Of Visitors' For Central Jails
In relation to a suo moto case on overcrowding in prisons, the Delhi High Court has directed UT's Home Minister Kailash Gahlot to file a personal affidavit explaining why a previous court order regarding the constitution of a 'Board of Visitors' for Central Jails has not been complied with.It also directed the Home Secretary of Government of National Capital Territory of Delhi (GNCTD) to...