All High Courts
Kerala High Court Quashes Extension Given To KILA Director General, Directs For Charge To Be Given To Competent Officer Till Fresh Appointment
In A Writ petition filed by former MP Remya Haridas, the High Court ordered that the extension given to the current Director General of Kerala Institute of Local Administration (KILA) is illegal. Joy Elamon, General Director crossed the age of 60 and is therefore not qualified to continue as the Director General. The State had argued that the extension was given only till a new appointment...
Illegal, Arbitrary And Unconstitutional: Rajasthan High Court Grants Relief To Constable Dismissed From Service Without Inquiry
Rajasthan High Court has set aside an order of the superintendent of police passed under Section 19(ii) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (“the Rules”) for being wholly illegal, arbitrary and unconstitutional.Rule 19(ii) of the Rules provides that where the disciplinary authority is satisfied that it is not reasonably practicable to follow...
Andhra Pradesh HC Declines State Pollution Control Board's Plea To Submit Gap Analysis Report On Bio-Medical Waste Treatment Facilities In Sealed Cover
The Andhra Pradesh High Court has rejected the claim to the State Pollution Control Board to submit that Gap Analysis Study in a sealed cover, holding that it is the statutory obligation of the Board to conduct the Study.“We direct respondent No.4 to place on record a copy of the said report. We are surprised to hear from learned counsel for the A.P Pollution Control Board that he should...
Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that an accused cannot claim a right of hearing before an FIR is registered, and hence, an FIR cannot be quashed on the grounds that the accused was not heard before the registration of the offence. A bench of Justice Gurpal Singh Ahluwalia observed thus while dismissing a petition filed by one Abhishek Pandey challenging two FIRs lodged against...
Kerala HC Temporarily Stays Govt Order Mandating Principals To Permit Paid DJ Events, Concerts By External Agencies On Or Outside College Campuses
The Kerala High Court passed an interim order staying the government notification that mandated the Principals to grant permission for the conduct of programs like musical events, DJ performances by external agencies or professional groups in colleges and universities affiliated with the state.The Higher Education Department issued a government notification dated April 09, 2024, for the...
Half Yearly Digest Of IBC Cases : January To June,2024
Supreme CourtIBC | Moratorium Under S 14 No Bar To Execute Decree Against Directors/Officers Of Corporate Debtor: Supreme Court Case Title: Ansal Crown Heights Flat Buyers Association (Regd.) vs. M/S. Ansal Crown Infrabuild Pvt. Ltd. & Ors. Citation: 2024 LiveLaw (SC) 63 The Supreme Court has held that the imposition of moratorium under Section 14 of the Insolvency...
Arbitrator Not Required To Provide Detailed Reasons When Granting Request To Summon Witnesses Under Section 27(1) of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that while exercising power under Section 27(1) of the Arbitration and Conciliation Act, 1996 to grant a request to summon a witness, the arbitrator is not required to offer detailed reasons when granting such a request. Section 27(1) of the Arbitration and Conciliation Act, 1996 allows the arbitral tribunal or a...
Consumer Cases Weekly Round-Up: 1st to 7th July,2024
Orissa High Court Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court Case Title: The Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda v. Rajesh Kumar Agrawal & Anr. The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding...
Coercion In Disputes Must Be Examined By Arbitral Tribunal, Referral Court's Jurisdiction Limited By Section 11(6A): Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that coercion, or its absence in a dispute is a complex question, purely of fact, which has necessarily to be examined by the arbitral tribunal. The bench held that with the introduction of sub-Section 6(A) in Section 11, the jurisdiction of the referral court is now circumscribed. Consequently, the High Court appointed...
Invoices Containing Arbitration Clauses Which Show Mutual Acceptance Are Prima Facie Arbitration Agreement: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that when parties engage in actions based on invoices containing arbitration clauses, demonstrating mutual acceptance, an arbitration agreement may be inferred directly from those invoices. Brief Facts: M/s Dhawan Box Sheet Containers Pvt Ltd (Petitioner), a manufacturer and supplier of corrugated boxes and...
Once Revision Order Become Final, No Question Of Passing Another Order Will Arise: Meghalaya High Court
The Meghalaya High Court has held that once the revision order becomes final, no question of passing another order will arise.The bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh has observed that the Assessing Officer had passed an order under Section 263 of the Income Tax Act, 1961, which was set aside by the Principal Commissioner of Income Tax, Shillong. The order...
Specific Reference To Arbitration Clause Needed In 'Two-Contract Case' For Incorporation: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that in a 'two-contract case', a specific reference to the arbitration clause in an earlier contract is necessary for its incorporation into the main contract between the parties. A 'two-contract case' refers to a situation where there are two separate contracts involved and the parties seek to incorporate terms, including...