All High Courts
Disobedience Of Interim Measures Due To Insolvency Proceedings Is Not Contempt: Delhi High Court
The Delhi High Court bench of Justice Mini Pushkarna has held that disobedience of interim measures granted under Section 9 of the Arbitration and Conciliation Act, 1996 due to insolvency proceedings does not warrant contempt charges. The bench held that if the disobedience results from circumstances beyond the contemnor's control, such as financial constraints or ongoing disputes...
Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. Further, the bench held that the interpretation of a contract is a matter for an arbitrator to determine. It held that even if such interpretation...
Aggrieved Third Party Beneficiaries Of Domain Names Cannot Challenge Arbitration Award U/s 34 Of Arbitration Act: Delhi High Court
The Delhi High Court single bench of Justice Pratibha M. Singh held that only parties to an arbitration agreement can challenge the award under Section 34 of the Arbitration and Conciliation Act, 1996. It was further held that 3rd-party beneficiaries of domain names in India, who are impacted by the arbitral award, lack the standing to challenge the award. Brief Facts: Jindal...
Invocation of Arbitration Beyond Stipulated Period In Clause Does Not Frustrate Parties' Intent To Arbitrate: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the invocation of arbitration after the period defined in the arbitration clause doesn't frustrate the intention of the parties to refer disputes to arbitration. The bench held that the outer limit stipulated in the arbitration clause for invocation of arbitration if failed by the claimant, does...
Sanitation Worker Swept To Death While Cleaning Aamayizhanchan Canal: Kerala High Court Says Incident Should Serve As An Eye-Opener
The Kerala High Court has commended the bravery of persons who engaged in the rescue operation of Joy, the sanitation worker who died after being swept off by rains while cleaning the part of Aamayizhanchan canal near Trivandrum Central Station. The Court noted that the workers had to conduct the rescue operations in very unhygienic conditions. The canal is blocked with huge quantities of...
[Masala Bonds Case] Dr Thomas Isaac Aware Of Utilization Of KIIFB Funds, 'Prime Person' To Collect Information From: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that Former Finance Minister Dr Thomas Isaac who was the Vice Chairman of the KIIFB General Committee as well as the Chairman of the Executive Committee had the knowledge and awareness and he was a prime person to collect information from regarding utilization of funds.Justice T R Ravi was considering two separate...
NDPS Act | Preparing Seizure Memo At Place Other Than Scene Of Recovery Makes Seizure Defective, Creates Reasonable Doubt: Rajasthan High Court
Rajasthan High Court has ruled that a seizure memo needs to be prepared by the seizure officer at the spot of recovery of contraband material under the NDPS as prescribed under the Standing Instruction issued by the Narcotics Control Bureau failing which the seizure becomes defective, raising reasonable doubt in relation to the manner of seizure. The bench of Justice Rajendra Prakash...
Appellant Has Right To Withdraw Appeal Without Any Strings Attached, High Court Must Grant Leave When Requested: Telangana High Court
The Telangana High Court has reaffirmed the principle that an appellant has an absolute right to withdraw an appeal, and the court must grant such a request without imposing conditions, provided certain circumstances are met. The Division Bench of Justice Moushumi Bhattacharya and Justice M.G.Priyadarsini held, that the power of the High Court in granting permission to withdraw an...
Rajasthan High Court Sets Aside Administrative Order Dismissing Plea Of Stenographer Challenging Adverse Remarks In Annual Assessment
The Rajasthan High Court set aside an administrative order dismissing a representation by an aggrieved stenographer, promoted to the post of private secretary cum judgment writer, against adverse remarks received in annual assessment. The petitioner had received certain adverse remarks in the Annual Performance Assessment Report (“APAR”) against which he had submitted a...
'Specify Proposals To Prohibit Lawyers' Strikes': Allahabad HC To BCI, State Bar Council, HCBA & District Bar Association
The Allahabad High Court has directed key legal bodies, including the Bar Council of India (BCI), State Bar Council, High Court Bar Association (HCBA), and District Bar Association, Prayagraj, to submit their responses outlining specific measures to prevent advocates' strikes. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary has asked these bodies to...
Not Taken Any Coercive Steps Against CMRL Officials, No Criminal Prosecution Has Commenced: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that they have not taken any coercive steps against the officials of Cochin Minerals and Rutile Ltd (CMRL) and that no criminal prosecution has been commenced so far.The officials of CMRL were being summoned by the ED to enquire about the allegations of committing cognizable offences under the Prevention of...
"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other parent should be...