News Updates
Arbitration Agreement "Exists" Only When It Is Enforceable In Law And Meets The Statutory Requirements Of A&C Act And Contract Act: Delhi High Court
The Delhi High Court has ruled that a mere exchange of communication is not sufficient to show that the parties are at ad idem with respect to an arbitration agreement, when none of the correspondence exchanged between the parties made any reference to an agreement containing an arbitration clause. The Single bench of Justice V. Kameswar Rao observed that the petitioner had failed to...
NCLAT Delhi Upholds Dismissal Of Section 9 Petition In Absence Of Cogent Evidence To Prove Supply Of Goods
The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Kanthi Narahari (Technical Member), while adjudicating an appeal filed in M/s Mahadev Trading Company v M/s Supreet Chemicals Pvt. Ltd., has held that in absence of cogent evidence to prove that goods were supplied to the Corporate Debtor, a...
Allahabad High Court Grants Bail To Alleged Anti-CAA Protester Who Spent Over 26 Months In Jail
The Allahabad High Court on Tuesday granted bail to an alleged Anti-CAA Protesters, 26 months after he was arrested by Kanpur police. The bench of Justice Manish Mathur observed that the accused had not been named in the FIR and there was no evidence on record to indicate that he was a part of mob which particiapted in the protest.The Court was essentially dealing with the bail plea of one...
'Their Objective Was To Harm Hindus To Maximum Possible Extent': Court Frames Charges Against Tahir Hussain, Others In Delhi Riots Case
A Delhi Court on Saturday framed charges against former Aam Aadmi Party Councillor Tahir Hussain and seven other men in the case alleging that a Khajuri Khas resident Ajay Goswami was hit by a bullet during the 2020 North-East Delhi riots. Additional Sessions Judge Pulastaya Pramachala of Karkardooma Courts framed charges against Tahir Hussain, Shah Alam, Tanvir Malik, Gulfam, Nazim,...
'F**K Off' Is Sexually Coloured Remark, Not Used In Indian Society To Ask Anyone To Leave: Delhi Court In Sexual Harassment Case
Observing that the word "f**K off" is a "sexually coloured" remark, a Delhi Court recently upheld sexual harassment charges against a man who had allegedly threatened a woman in 2019 and also used abusive language against her.Besides telling the woman to "f**k off", the accused had also called her 'bazaru aurat'. A Mahila Court in August framed charges against the accused under Sections...
[GYANVAPI] "Can The Age Of 'Shiva Linga' Be Ascertained Without Damaging The Structure?": Allahabad High Court Asks ASI
The Allahabad High Court on Friday admitted a plea moved before it challenging the Varanasi Court's October 14 order wherein it had rejected Hindu worshippers' plea for conducting a scientific probe of the 'Shiva Linga', reportedly found inside Gyanvapi Mosque premises (on May 16). It may be noted that the Anjuman Masjid committee (which manages the Gyanvapi Mosque) has been calling the...
SC Commission Cannot Order Promotion Or Posting Of A Person At A Particular Place Or Cadre: Madras High Court
The Madras High Court recently observed that while the National Commission for Scheduled Castes can exercise the powers of the civil court for the purpose of conducting an adjudication in an effective manner, it cannot direct the authorities to grant promotion to a person or post her at a particular station or place."More specifically, National Commission is not empowered to issue any...
Dengue Outbreak In Lucknow | Allahabad High Court Seeks Details Of Proposed Preventive Measures From UP Govt
The Allahabad High Court (Lucknow bench) on Friday sought details of the proposed preventive measures (to be taken by the State Government) to deal with the the dengue outbreak in the Lucknow City. The Lucknow Nagar Nagam has also been asked to file an affidavit swron by the Nagar Ayukt indicating the steps which are taken by it for checking the growth of mosquitoes and for ensuring sanitation...
Bombay High Court Likely To Get Land For New Building At Bandra Soon, All Legal Hurdles Cleared: Chief Minister Eknath Shinde
Maharashtra Chief Minister Eknath Shinde on Saturday said that all legal issues have been cleared and a decision has been taken for a new building for the Bombay High Court at the Bandra Kurla Complex."We have discussed the land allotment issue at BKC, which I think is a requirement as well. Therefore, we have taken a decision based on whatever was sought. That's all that I can say on...
Madras High Court Monthly Digest: October 2022 [Citations 419 - 447]
Citations: 2022 LiveLaw (Mad) 419 To 2022 LiveLaw (Mad) 447 NOMINAL INDEX P Senthil v. State, 2022 LiveLaw (Mad) 419 Kaladi v. District Collector and others, 2022 LiveLaw (Mad) 420 K Seeni Thevar v. The Joint Commissioner and others, 2022 LiveLaw (Mad) 421 M/s. Macro Marvel Projects Ltd. versus J. Vengatesh & Ors., 2022 LiveLaw (Mad) 422 SEEMAN and others...
J&K&L High Court Deprecates Passing Of Status Quo Orders In Property Disputes Without Tentatively Determining Party In Possession
The Jammu and Kashmir and Ladakh High Court on Friday deprecated the practice of trial courts passing status quo orders in property suits in a routine manner, without specifying as to which of the parties to the dispute is in possession of the suit property. Justice Sanjay Dhar held that while passing an interim order directing the parties to maintain status quo, the trial courts...
'Basic Wages' For EPF Contribution Includes 'Interim Wages' Paid As Per Wage Board Direction: Kerala High Court
The Kerala High Court on Wednesday said that 20% wages that had been paid to workers by the employer as 'interim relief' at the direction of government constituted Wage Board would come within the ambit of 'basic wages' for contributions under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Justice P.V. Kunhikrishnan said that such 'interim relief' would not fall within...