All High Courts
Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held mere dismissal of the first execution application on the ground of default does not prevent the award-holder/decree-holder from filing a fresh execution petition. The High Court held that the provisions of Rules 105 and 106 of Order 21 of the Code of Civil Procedure do not preclude the...
Ex-Parte Interim Measures Appealable Under Section 37 Of Arbitration Act, Courts Must Allow Appeal In Exceptional Cases: Karnataka High Court
The Karnataka High Court division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that ex-parte interim measures granted under Section 9 are appealable under Section 37 of the Arbitration and Conciliation Act, 1986. The High Court held that the nature of ex-parte interim measures is similar to final orders since they conclusively deny the relief sought....
'Lakhs Of Fishes Have Died' : Chhattisgarh HC Takes Suo Moto Cognizance Of Alcohol Factories Polluting River In State
On Monday, the Chhattisgarh High Court took suo moto cognizance of severe pollution caused by alcohol factories in the Mohbhatta-Dhooma region of District Mungeli in the state. The pollution resulted in mass fish deaths in the river and community distress.A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal took suo moto note of the alcohol factories polluting river in...
'Deplorable': Allahabad HC Imposes ₹2 Lakh Cost On Lucknow University For Wrongfully Withholding Student's 3rd Yr Results, Ruining Her Future
Recently, the Allahabad High Court has imposed a cost of Rs. 2 lakhs on Lucknow University for passing arbitrary orders against the petitioner-student ruining her career.Observing that the order of the cancellation of her examination of 2009 was passed in 2012 but was never communicated to the petitioner, Justice Alok Mathur held that “The matter directly pertains to the educational future...
Migrant Workers: Kerala High Court Seeks Response From Govt About Their Living Conditions, Registration Process In State
The Kerala High Court has sought response from the State Government about the registration process and living conditions of migrant workers in the State.The development comes in a petition seeking consideration of representations submitted before the Secretary of the Labour Department, urging action to identify and register the ingress of migrant workers in the State.The Division Bench...
To 'Understand Their Situation', Gujarat High Court Directs Amicus, Independent Lawyer To Directly Engage With Morbi Bridge Tragedy Victims
The Gujarat High Court on Tuesday directed the amicus curiae appointed in the Morbi Bridge case, along with an independent lawyer, to engage directly with the victims of the tragedy.A division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi said, "The amicus, along with another lawyer, will visit them, understand their situation, and prepare a detailed report."On...
Writ Plea Against Advocate General's Refusal To Grant Nod For Criminal Contempt Proceedings Isn't Maintainable: Allahabad HC
The Allahabad High Court has said that a writ plea challenging the Advocate General's refusal to grant permission for initiating criminal contempt proceedings is non-maintainable. A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed this while referring to the Supreme Court's order in P.N. Duda v. P. Shiv Shanker and Others, 1988, wherein it was held that in cases of refusal...
Right To Speedy Trial Cannot Be Taken Away Citing Heinousness Of Crime: Rajasthan High Court Releases Murder Accused After 3 Years
Rajasthan High Court recently granted bail to an accused charged for murder on the grounds of protracted trial. The court observed that right to have a speedy trial was guaranteed by the Constitution of India and it could not be taken away from the accused for the reason of seriousness or heinousness of the crime. It is imperative for the prosecution to adduce evidence at the...
Courts Can't Undertake Independent Assessment Of Award In Appeal U/s 37 Of Arbitration Act: Delhi High Court
The Delhi High Court division bench of Justice Yashwant Varma and Justice Dharmesh Sharma reiterated that while entertaining an arbitration appeal under Section 37 of the Arbitration Act, the role of a court is limited to ascertaining whether the exercise of power under Section 34 has exceeded the scope of the provision. In such cases, the High Court held that courts cannot undertake...
Disputed Contract, Can't Be Challenged U/s 34 Of Arbitration Act Unless finding are Unreasonable: Delhi High Court
The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that the interpretation of a disputed contract falls within the arbitral tribunal's domain and is not subject to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 unless the interpretation is unreasonable. Brief Facts: Noble Chartering Inc. (“Noble”), a...
Appear In-Person With 'Detenue': Allahabad HC Summons Panipat (Haryana) SP, SHO Over Failure To Trace Missing 13 Y/O Boy
The Allahabad High Court on Monday directed the Superintendent of Police, Panipat (Haryana), and the Station House Officer [Police Station-Chandni Bagh in Panipat] to appear in person before the Court on August 5, along with a missing 13-year-old boy. The directive was issued by a bench of Justice Shamim Ahmed while hearing a habeas corpus petition filed by one Veena Devi, the...
Karnataka HC Stays Probe Against ED Officers Accused Of Coercing Witness To Name CM Siddaramaiah In Valmiki Corporation Case
The Karnataka High Court on Tuesday stayed further investigation against two Enforcement Directorate officers, who are investigating the Valmiki Corporation case and are alleged of coercing a witness in the case to make a incriminating statement against the Chief Minister Siddaramaiah and others in the case.A single judge bench of Justice M Nagaprasann by way of interim relief stayed...