Subsequent Consulting Agreements Prescribing Arbitration Do Not Bind Parties When MoU Forming Basis Of Claim Doesn't Contain Arbitration Clause: P&H High Court

Punjab and Haryana High Court recently held that where the claim of a party to an agreement is based upon a Memorandum of Understanding which does not contain an arbitration clause, the Court is not required to refer the matter merely because the subsequent Consulting Agreements executed by the parties contemplate arbitration. The bench comprising Justice Augustine George Masih and...

'Eviction Can't Be Stalled For Want Of Demarcation': Himachal Pradesh High Court Orders Removal Of Encroachments From Highways

Observing that the eviction of encroachers cannot be stalled for want for demarcation, the Himachal Pradesh High Court has directed the state Public Works Department to remove the encroachments on the highways in Shimla, Mandi and Hamirpur within a period of four weeks."The Deputy Commissioner(s) as also Superintendent(s) of Police of the concerned District(s) are directed to render all...

Karnataka High Court Weekly Round-Up: November 7 to November 13, 2022

Nominal Index: SHIVAPPA @ SHIVANAND HITTANAGI v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 444 Supriya Shirnate & others And MRT Music & others. 2022 LiveLaw (Kar) 445 MOHAMMAD SHARIFF @ FAHIM HAJI v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 446 PUNIT S/O BHIMSINGH RAJPUT v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 447 YELLAWWA v. SAVITRI. 2022 LiveLaw...

Bombay HC Continues Interim Relief Granted To Mumbai's 'Haji Ali Juice Centre' In Trademark Infringement Suit Against Establishment In Vijaywada

The Bombay High Court recently refused to vacate the ex-parte interim relief granted to Asma Farid Noorani (plaintiff) who runs Haji Ali Juice Centre in Mumbai in a trade mark infringement suit against Haji Ali Fresh Fruit Juices, an establishment in Vijaywada, Andhra Pradesh. Justice Manish Pitale stated that the defendants didn't show that there was any falsehood and suppression...

Person Accused Of Tampering With OMR Sheet Can Be Prosecuted U/S 467 IPC For Forgery Of Valuable Security: MP High Court

The Madhya Pradesh High Court recently observed that forgery with OMR Sheets would also attract the offence punishable under Section 467 IPC as an OMR Sheet comes within the meaning of 'Valuable Security' as defined under Section 30 IPC. The division bench comprising Chief Justice Ravi Malimath and Justice Vishal Mishra observed that the term 'Valuable Security' ought not to be...

Arbitration Cases Weekly Round-Up: 6 November To 12 November, 2022

Calcutta High Court: Arbitrator Cannot Apply 'Trade Usages' Against The Express Understanding Of The Parties: Calcutta High Court Case Title: M/s. Universal Seaport Private Limited versus The Chairman, Board Of Trustees For The Port Of Kolkata The Calcutta High Court has held that the arbitrator cannot, while adjudicating the dispute between the parties, apply trade usages...

Kerala High Court Weekly Round-Up: November 7 To November 13, 2022

Nominal Index [Citations 571-587]Sree Sankaracharya University of Sanskrit and Anr. v. Divyata Nedungadi alias Divya Balakrishnan and Anr. 2022 LiveLaw(Ker) 571S. Rajeev Kumar v. The Director, Central Bureau of Investigation 2022 LiveLaw (Ker) 572State of Kerala & Ors v. M.V. Dines & Anr. 2022 LiveLaw (Ker) 573NG v. AKG & Ors. 2022 LiveLaw (Ker) 574Ramsiyamol R S v. State of...

Uttarakhand High Court Pulls Up Family Court For Not Allowing US Resident To File Divorce Petition Through POA Holder

The Uttarakhand High Court recently directed a family court in Haldwani to entertain a man's petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on the basis of the power of attorney furnished on behalf of his father.The division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe, while expressing its dismay on the approach of the Family Court,...

Coc Initiates Liquidation, Appeal Against Initiation Of CIRP Becomes Infructuous: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Mr. Rakshit Dhirajlal Doshi v IDBI Bank Limited, has held that an appeal challenging the order initiating CIRP becomes infructuous if the Committee of Creditors decided...

POCSO Act Meant To Protect Minors From Sexual Abuse, Not Criminalize Consensual Romantic Relationships Of Young Adults: Delhi HC

The Delhi High Court has said that the intention of The Protection Of Children From Sexual Offences (POCSO) Act was to protect the children from sexual abuse and not criminalise consensual romantic relationships of young adults.Justice Jasmeet Singh made the observation in an order granting bail to an accused in a case registered under Sections 363/366/376 IPC & Sections 6/17 POCSO Act...

Importer Can Apply For Registration After 60th day And Within 5 Days Before Arrival Consignment: DGFT

The Directorate General Of Foreign Trade (DGFT) has notified that the importers can apply for registration after the 60th day and within 5 days before the expected date of arrival of the import consignment.The DGFT has amended Policy Condition No. 7(ii) of Chapter 27 of Schedule-I (Import Policy) of ITC (HS), 2022.As per the existing policy, the importer can apply for registration not...

Time Limit To Refer Statement Of Case By CESTAT To High Court, Under Section 130A (4) Of The Customs Act, Is Directory: Bombay High Court

The Bombay High Court has ruled that the time limit within which the Customs Excise and Service Tax Appellate Tribunal (CESTAT) is required to refer the statement of the case to the High Court, as prescribed in Section 130A (4) of the Customs Act, 1962, is only directory and not imperative in nature. The Division Bench of Justices K.R. Shriram and A.S. Doctor held that the CESTAT is...