News Updates
Himachal Pradesh High Court Weekly Roundup: February 27 - March 5, 2023
Nominal Index:Court on its own motion v. State of H.P. & Anr 2023 LiveLaw (HP) 6Kusum Bali Vs State of HP & Ors 2023 LiveLaw (HP) 7Divisional Manager, H.P. State Forest Development Corporation Ltd Vs Prem Lal 2023 LiveLaw (HP) 8Naresh Kumar Vs Trilok Chand 2023 LiveLaw (HP) 9Pankaj Kumar Lakhanpal & ors Vs State of HP & Ors 2023 LiveLaw (HP) 10Judgments/Orders:Can Sessions...
Jammu & Kashmir High Court Weekly Roundup [February 27 - March 5, 2023]
Nominal Index:Shabir Ahmed Khan V/s State of J&K & Anr 2023 LiveLaw (JKL) 37Oriental Insurance Co. Ltd. Vs Ghulam Qadir & anr 2023 LiveLaw (JKL) 38Dr Kiran Bala Vs Dr Ashwini Kumar Singh Jasrotia 2023 LiveLaw (JKL) 39Pooja Devi & Ors Vs Tarseem Lal & Ors 2023 LiveLaw (JKL) 40Radha Sharma Vs State of J&K & Ors. 2023 LiveLaw (JKL) 41Inhabitants of Sheva Shirshu Doda...
Arbitration Cases Weekly Round-Up: February 26 To March 4, 2023
Bombay High Court: Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court Case Title: Nagreeka Indcon Products Pvt Ltd vs. Cargocare Logistics (India) Pvt Ltd The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and...
Delhi High Court Weekly Round-Up: February 27 To March 5, 2023
Citations 2023 LiveLaw (Del) 183 to 2023 LiveLaw (Del) 203NOMINAL INDEXShapoorji Pallonji and Company Private Limited versus Union of India 2023 LiveLaw (Del) 183HARSH AJAY SINGH v. UNION OF INDIA AND ORS and other connected matters 2023 LiveLaw (Del) 184New Delhi Municipal Council versus Decor India Pvt Ltd 2023 LiveLaw (Del) 185Tejpal Singh versus Surinder Kumar Dewan 2023 LiveLaw (Del)...
Bombay High Court Monthly Digest: February 2023
Nominal Index [Citation 65 - 126]Rahul Giridhar Pathade v. Collector of Nasik, State Excise Department and Ors. 2023 LiveLaw (Bom) 65Milind Shantilal Rathod and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 66Shaikh Shaukat S/O Majit @ Majid Patel and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 67M/s. Instakart Services Private Limited v. State of Maharashtra and Ors....
Kerala High Court Weekly Round-Up: February 27 To March 5, 2023
Nominal Index [Citation: 2023 LiveLaw (Ker) 102-118]Yasin Sunu V State of Kerala 2023 LiveLaw (Ker) 102Lalithambika & Ors. v. Grievance Redressal Committee & Ors. 2023 LiveLaw (Ker) 103Jamshid P.V. v. State of Kerala 2023 LiveLaw (Ker) 104Sam Joseph V State of Kerala and Others 2023 LiveLaw (Ker) 105K C Antony V State of Kerala and Others 2023 LiveLaw (Ker) 106Pradeep and Others V...
Arbitration Clause Can Be Invoked By Assignee Of Rights Under Contract: Bombay High Court
The Bombay High Court has ruled that an arbitration agreement is assignable, just as any other contract, and where the obligations and rights under an Agreement, containing an arbitration clause, are assigned in favour of an assignee, the remedy of arbitration would also stand assigned in its favour. The bench of Justice Bharati Dangre held that there was no need of separate execution...
Gujarat High Court Dismisses With Cost Husband's Habeas Corpus Plea To Trace Wife, For Suppressing Parallel Search Proceedings U/S 97 CrPC
The Gujarat High Court recently dismissed with costs, a habeas corpus petition filed by a husband for the production of his wife who was allegedly kidnapped by her relatives, on the ground that the husband has concealed the fact that he has already filed an application under section 97 (Search for persons wrongfully confined) of CrPC.The division bench of Justice N.V. Anjaria and Justice Niral...
Delhi High Court Refers Claims Against Essel Group Companies under ‘Letters Of Comfort’ To Arbitration
The Delhi High Court has ruled that the statements made by a party in a ‘Letter of Comfort’, assuring the creditor that it shall ensure that the debtor repays the loan on the relevant due dates, are promissory in character and thus enforceable, even if they do not meet the requirement of Section 126 of the Indian Contract Act, 1872 which deals with the Contract of Guarantee. The...
Calcutta High Court Restores Rape Case Against Man Who Married Another Woman During Subsistence Of Relationship With Complainant
The Calcutta High Court has restored the rape case filed against a man who, after being in a relationship with the complainant for about six years, married another woman during the subsistence of such relationship and hid this fact from the complainant.Justice Rai Chattopadhyay observed:"The most relevant is the accused person to have suppressed the said facts from the defactocomplainant....
Excessive Amount Mistakenly Paid Can’t Be Operational Debt, It’s Quasi Contract: NCLT Hyderabad
The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Mr. Satya Ranjan Prasad (Technical Member), while adjudicating a petition filed in M/s. Sandvik Mining & Construction Tools AB v M/s TA Hydraulics Pvt. Ltd., has held that if an Operational Creditor mistakenly pays excess sum to the...
Lokayukta Empowered To Decide Contract Cases Having Commercial Relations If Complainant Alleges Harassment: Kerala High Court
The Kerala High Court on Monday dismissed the pleas filed by Regional Cancer Centre (RCC) Employees Co-operative Society challenging the order of the Lokayukta that had ruled in favour of certain low paid Class-IV employees working as cleaners at the RCC. The complainants before the Lokayukta, who were employees of RCC had stood as sureties to one of the employees for a loan of Rs.3 lakh....