All High Courts
Industrial Disputes Act | Whether Person Raising Dispute Is A Workman Can Only Be Decided By Labour Court, Not By Govt: Rajasthan HC
Rajasthan High Court granted relief to a government employee who was dismissed from his job without a hearing 15 years ago, by directing the government to refer his industrial dispute to the labour court.The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the order of the Government of India (“respondent”) where the respondent had refused to make reference...
Sitapur S-I's 'Mysterious' Death | Allahabad High Court Orders FIR, Probe By A Senior IPS Officer Of A Different District
The Allahabad High Court last week directed an investigation by a Senior IPC Officer into the 'mysterious' death of a 54-year-old police sub-inspector (S-I), who died in April this year after he allegedly shot himself with his service weapon at the Machhrehta police station in Sitapur. A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari directed the Inspector General...
Additional Director Under Central Govt Health Scheme Has No Authority To De-Empanel Hospital: Rajasthan High Court
Rajasthan High Court granted relief to the Medipulse Hospital (“the Hospital”) which was de-empanelled from the Central Government Health Scheme (“CGHS/Scheme”) for five years by the Government of India pursuant to a complaint against the Hospital by a retired central government employee alleging deficient services by the Hospital.The bench of Justice Dinesh Mehta observed that there...
Party Cannot Invoke Arbitration After Voluntarily Submitting To Court's Jurisdiction During Proceedings: Gujarat High Court
The Gujarat High Court bench of Justice J. C. Doshi has held that whether a party has waived their right to seek arbitration and submitted to the jurisdiction of the Court depends on the party's conduct during the suit. However, the bench held that the legal principle remains that an application under Section 8(1) of the Arbitration and Conciliation Act, 1996, must be filed...
S. 413 BNSS | Victim Does Not Require Special Leave To Appeal Against Acquittal Of Accused: Rajasthan High Court
Rajasthan High Court held that no special leave is required to file an appeal under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), against an acquittal order wherein the complainant in the case is the victim himself.The bench of Justice Birendra Kumar observed that Section 413 of BNSS corresponded to Section 372, CrPC where the proviso laid down the right of a victim...
Which Court Can Extend Arbitration Deadlines? Bombay High Court Provides Clarification
The Bombay High Court bench of Justice M. S. Karnik and Justice Valmiki Menezes has held that when the High Court constitutes an arbitral tribunal, the High Court holds the jurisdiction to extend the time for completing the arbitration process. Further, the bench clarified that if the tribunal was constituted through an agreement between the parties, the application for extending time...
Common Order Without Satisfactorily Recording Concurrence With AO, Can't Be Considered As Valid Sanction U/s 151: Delhi High Court
Finding that the order of sanction passed by the Competent Authority is a general order of approval for 111 cases, and there was not even a whisper as to what material had weighed in the grant of approval u/s 151, the Delhi High Court held that although the PCIT is not required to record elaborate reasons, he must record satisfaction after application of mind. Since the sanction...
CJI DY Chandrachud To Inaugurate Country's First Digital Court For NI Act Cases, Other Projects At Kerala High Court
On August 16, 2024, there will be the inauguration of Digital Courts and other innovative initiatives relating to the judiciary in the Kerala High Court.Chief Justice of India D Y Chandrachud will deliver the inaugural address and officially inaugurate various projects including the Country's first exclusive Digital Court for Negotiable Instrument Act Cases in Kollam. The inauguration of...
Breaches Of Undertaking Given Before Court Or Arbitral Tribunal Shouldn't Be Pursued Under Contempt Of Courts Act: Delhi High Court
The Delhi High Court bench of Justice Dharmesh Sharmab has held that breaches of undertakings given before a Court, or an Arbitral Tribunal should not be pursued under the Contempt of Courts Act. Instead, the High Court held that proper course of action is to seek enforcement of the arbitral award. Brief Facts: Index Hospitality Limited (Petitioner) sought to initiate...
Bombay HC Issues Contempt Notice Against Promoter Of IT Company Varanium Cloud For Violating Court Orders To Repay Creditor, Leaving Mumbai
The Bombay High Court on August 12, issued a contempt notice against Harshwardhan H. Sabale, the promoter of IT company Varanium Cloud Ltd, due to his failure to pay rupees 20 crores and also for leaving Mumbai in breach of the Court's order.The case against Sabale arose over non-payment of over Rs. 49.53 crores to his creditor. Earlier in March, the Court had issued a non-bailable...
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...