Challenge To Award U/S 34 Of Arbitration Act Without Award Itself Being Filed Would Not Be A Valid Filing: Delhi High Court

The Delhi High Court Bench of Justice Subramonium Prasad, held that a petition under Section 34 of the Arbitration & Conciliation Act is for challenging the Award. It cannot be said that a challenge to the Award without the award itself being filed would be a valid filing. Without the Award, the challenge would become meaningless because unless the Award is perused by the Court,...

Telegram Informs Madras High Court That It Will Remove And Block Accounts Impersonating PhonePe

Telegram has informed the Madras High Court that it would remove any accounts impersonating PhonePe in its servers as and when a request for the same is received from Phone Pe. The submissions were made before Justice K Kumaresh Babu. The court was hearing a plea by PhonePe seeking an injunction against Telegram. Phone Pe had approached the court seeking damages of 10 Lakh and...

No Bar On Civil Court To Execute Decree Over Waqf Dispute Even After Constitution Of Waqf Tribunal: Kerala High Court

The Kerala High Court held that even after the constitution of the Waqf Tribunal, the Civil Court can execute a decree passed by it relating to a waqf dispute.Justice Kauser Edappagath clarified that even after the constitution of the Waqf Tribunal, the Civil Court continues to have jurisdiction to execute both its own decree as well as any decree passed by the Waqf Tribunal.“Even after...

Delhi High Court Rejects PIL To Allow Chhath Puja Celebration At Yamuna After Govt Flags River's Pollution Level

The Delhi High Court on Wednesday dismissed a public interest litigation seeking to allow the public to perform the festival of Chhath Puja at Geeta Colony Ghats on the Yamuna riverbed in the national capital. A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela rejected the PIL moved by Purvanchal Nav Nirman Sansthan, underscoring that performance of Chhath Puja...

Requirement Of Serving Notice On Other Party For Appointment Of Arbitrator Is Dispensed With In Statutory Arbitration: Gujarat High Court

The Gujarat High Court Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi held that the arbitration proceedings under consideration is not a commercial arbitration, but a statutory arbitration. The Arbitrator is appointed pursuant to the provisions of Section 84(5) of the Multi State Co-operative Societies Act. The appointment of the Arbitrator is made by the State...

Calcutta High Court Calls For State's Report On Plea Over Alleged Communal Violence, Expresses Surprise At LoP Appearing As Petitioner In PILs

The Calcutta High Court on Wednesday called for the state's report on instances of alleged communal violence which have taken place in Kolkata's Rajabazar area, resulting in the alleged targeting of those belonging to the Hindu and Sikh communities. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya heard the plea moved by Leader of Opposition and BJP MLA...

Bahraich Violence-Demolition Notices | State Must Abide By Law, Ensure Actions Aren't Taken Selectively: Allahabad HC Tells UP Govt Orally

The Allahabad High Court today orally asked the Uttar Pradesh Government to ensure that nothing is done selectively pursuant to the demolition notices it issued against some building/house owners (23 people) who were allegedly involved in the October 13 Bahraich violence incident. “I know the state has a lot of responsibilities to maintain peace and tranquillity, but please ensure...

Award In Which Serious Allegations Of Fraud Are Not Decided Must Be Set Aside On Grounds Of Patent Illegality: Gujarat High Court

The Gujarat High Court Bench of Chief Justice SUNITA AGARWAL and Justice PRANAV TRIVEDI affirmed that if serious allegations of fraud are raised that the arbitration agreement was entered into by fraud and collusion and such allegations are not decided by the Arbitrator while passing an award, such an award is liable to set aside on the ground of patent illegality under section 34 of...

Madhya Pradesh High Court Seeks State's Stand In Plea To Remove "Unauthorized Religious Shrines" In Police Stations, Orders Status Quo

The Jabalpur bench of the Madhya Pradesh High Court on Monday (November 4) sought the stand of the state government in a plea seeking removal of allegedly unauthorized religious shrines constructed within police station premises across the state. The high court further directed the parties to maintain status quo till the next date of hearing. A division bench of Chief Justice Satish Kumar...

Aimless Firing Not Made Pointing To Any Person Is Not Attempt To Murder: Rajasthan High Court

Rajasthan High Court has ruled that aimless firing done at a shop with an intention to assault a particular person did not amount to attempt to murder when the intended target was not present at the place of the firing.The bench of Justice Birendra Kumar was hearing an appeal against framing of charges against the appellant for attempt to murder. As per the FIR, some unknown miscreants...

Child Protection Policy And Juvenile Justice Rules Likely To Be Notified This Year: Assam Govt Tells High Court

The Gauhati High Court on Tuesday once again recorded its hope and trust upon the Assam Government to notify draft Child Protection Policy as well as Juvenile Justice (Care and Protection of Children) Rules at the earliest. The division bench comprising Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further directed the State Government to submit a report regarding:Whether...

'Mandate Of Day-To-Day Trial U/S 309 CrPC Is Thrown To The Wind': Bombay High Court Flags 'Unhealthy Practice' Of Trial Courts

The Bombay High Court while ordering a 'retrial' in a rape case, noted the 'alarming state of affairs' of most criminal trials, wherein the courts have failed to conduct a 'day-to-day' trial and therefore, issued guidelines for the lower courts to strictly adhere to section 309 of the Criminal Procedure Code (CrPC) and section 346 of the Bharatiya Nagarik Suraksha Sanhita...