All High Courts
Arbitral Tribunal Is The Fulcrum And The Facilitator For Taking Evidence Under Section 27 Of Arbitration And Conciliation Act: Telangana High Court
The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M.G. Priyadarshini, while dismissing a Civil Revision Petition (CRP), has held that the Arbitral Tribunal is the fulcrum and the facilitator under Section 27 of the Arbitration Act. The Bench further held that only Arbitral Tribunal can make a representation before a Court under Section 27(5). Section...
Mere Error In Judgment Of Diagnosis Not Medical Negligence: Gujarat High Court
The Gujarat High Court has dismissed challenge to a civil court's order which had rejected a couple's suit seeking compensation for alleged “medical negligence” by a doctor resulting in the death of their child. The high court said that in the "facts of the case", and in the absence of any cogent material, a mere error in judgment of diagnosis cannot be termed as medical negligence. A...
Waqf Board Case: Delhi High Court Issues Notice On AAP MLA Amanatullah Khan's Plea Challenging Arrest, ED Objects On Maintainability
The Delhi High Court on Thursday issued notice on a plea filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging his arrest by the Enforcement Directorate (ED) in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Neena Bansal Krishna sought response of ED within 15 days and listed the matter for hearing...
Appeal Can't Be Rejected For Failure To Upload Documents On GST Portal Due To Technical Errors: Madras High Court
The Madras High Court stated that an appeal cannot be rejected solely due to the failure to upload documents on the GST portal if the delay or failure is due to technical errors on the portal. The Bench of Justice Krishnan Ramasamy observed that “….an appeal should not be rejected without affording the parties an opportunity to be heard, particularly when the rejection arises...
Gauhati High Court Calls For Equal Opportunity Of Promotion For Inspectors Of Armed And Unarmed Branch Of Mizoram Police
The Gauhati High Court recently held that proviso to Rule 6(1) of the Mizoram Police Service Rules, 2008, shall be interpreted in a manner which provides equal opportunity of promotion to the Inspectors of the Armed Branch as well as Un-armed Branch of the Mizoram Police. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:“It is a salutory principle of law...
Since Seat Is Fixed, Only Court Having Territorial Jurisdiction Over Seat Has Jurisdiction Over Arbitral Proceedings: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 11 petition, has held that when the seat of the arbitration is contractually fixed, only those Courts having territorial jurisdiction over the seat would have the curial jurisdiction over the arbitral proceedings. Following the dictum in BGS SGS Soma JV v. NHPC Ltd, the court held that the High Court of Delhi...
Senior Advocate Designation | Permanent Committee Not Empowered To Withhold/Defer Candidature Of Some Advocates From Full Court: Orissa HC
In an important development, the Orissa High Court has held that the 'Permanent Committee' constituted for designation of Senior Advocates is not empowered to withhold/eliminate/defer candidature of some Advocates without submitting their names to the Full Court for consideration.Clarifying the scope of functioning of the 'Permanent Committee', the Division Bench of Justice Sangam Kumar Sahoo...
Delhi High Court Stays Arbitral Awards Due To Unilateral Appointment Of Arbitrator
The Delhi High Court bench presided by Justice C. Hari Shankar has stayed the execution of two arbitral awards, holding that the unilateral appointment of the arbitrator by the respondent, without court intervention under Section 11 of the Arbitration and Conciliation Act, 1996, and in violation of Section 12(5) of the Act, rendered the arbitration proceedings invalid...
Karnataka High Court Pulls BJP Leader For Calling State Health Minister "Half Pakistani", Refuses To Stay Defamation Case
The Karnataka High Court on Thursday expressed displeasure at the statement made by Bharatiya Janata Party MLA Basangouda Patil Yatnal referring to State Minister for Health and Family Welfare, Dinesh Gundu Rao as "half Pakistani". A single judge bench of M Nagaprasanna refused to stay the defamation proceedings initiated against him by Rao's wife Tabbasum Dinesh Rao under Section 499 and 500...
Kerala High Court Refuses To Quash POCSO Case Against Woman For Failing To Report Sexual Assault On Minors In Cottages Provided By Her
The Kerala High Court has refused to quash the criminal proceedings under POCSO Act initiated against a woman in-charge of the cottages where allegedly two minors were subjected to rape.The petitioner had approached the High Court to quash two final reports where she was said to have provided the rooms in the cottage to the accused, who is her friend, without even having satisfied...
Delhi High Court Seeks Puja Khedkar's Response On UPSC's Plea Alleging Perjury In Anticipatory Bail Case
The Delhi High Court on Thursday issued notice on a plea moved by the Union Public Services Commission (UPSC) alleging that former probationer IAS officer Puja Khedkar committed perjury by filing a false affidavit and making a false statement in relation to her anticipatory bail plea.Justice Subramonium Prasad sought the response of Khedkar who is accused of “misrepresenting and...
Karnataka High Court Quashes Criminal Case Against Union Minister Shobha Karandlaje For Remarks On Rameswaram Cafe Blast
The Karnataka High Court on Thursday quashed the criminal case registered against Member of Parliament, Shobha Karandlaje, after she had made a statement during a protest in Bengaluru, linking the suspect in the Rameshwaram cafe blast with Tamil Nadu. A single-judge bench of Justice M Nagaprasanna allowed the petition and quashed the proceedings registered with the Cottenpet Police station...