Initiation Of Proceedings Under The SARFAESI Act Does Not Bar The Arbitration Of Disputes: Delhi High Court

The Delhi High Court has ruled that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) provides a remedy in addition to the adjudication under the Arbitration and Conciliation Act, 1996 (A&C Act)and hence, initiation of proceedings under the SARFAESI Act does not bar the arbitration...

Cases Above Rs.100 Crores: Finance Ministry Notifies Exclusive DRT Benches

The Ministry of Finance has issued a notification dated 04.10.2022, whereby the jurisdiction of Debt Recovery Tribunal ("DRT") has been revised. The notification has been released under Section 3 of the Recovery of Debts and Bankruptcy Act, 1993 and in supersession of the notifications of the Government of India, vide numbers G.S.R. 395 (E) dated the 29.05.2007 and S.O.3065 (E) dated...

Kerala Court Drops Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Road Rage Case

The Additional District and Sessions Court, Trivandrum, on Wednesday, dismissed the culpable homicide charges that were framed against IAS Officer Sriram Venkitaraman and his friend, Wafa Firoz, in an alleged drunken driving case leading to death of journalist KM Basheer in 2019.The Court was acting upon the discharge petition been filed by Venkitaraman, contending that there was no...

'No Due Application Of Mind': Court Discharges Tahir Hussain & Others From Graver Offence In Delhi Riots Case

A Delhi Court on Wednesday discharged former Aam Aadmi Party Councillor Tahir Hussain and nine others from the charge of 'causing mischief by fire or explosive substance with intent to destroy a building', in a case of 2020 North-East Delhi riots. Additional Sessions Judge Pulastya Pramachala however remanded the case back to the Chief Metropolitan Magistrate (CMM) for trial of other...

Arbitral Tribunal Cannot Recall The Order Terminating The Arbitral Proceedings: Delhi High Court

The High Court of Delhi has held that once the arbitral tribunal terminates the arbitration proceedings on account of claimant withdrawing its claims, it cannot recall the order of termination order. The bench of Justice C. Hari Shankar held that once the arbitral proceedings are terminated, the arbitral tribunal becomes Functus Officio and it cannot entertain an application...

High Court Directs State To Provide Security, Education To Two Assam Girls Sexually Exploited In Kerala

The Kerala High Court on Monday ordered the State government to ensure the safety and education of two minor girls from Assam who had migrated to the State with their parents, but were unfortunately subjected to sexual abuse.Citing safety concerns, the Child Welfare Committee had refused to release the girls to their parents, who are daily wage labourers in Kerala, and had directed that the...

[Gyanvapi] Allahabad HC Seeks Hindu Worshippers' Suit Record From Varanasi District Judge In Mosque Committee's Revision Plea

In a revision plea challenging Varanasi Court's September 12 order in the ongoing Gyanvapi dispute, the Allahabad High Court has directed the District Judge, Varanasi to ensure that the entire records of the Hindu worshippers' suit are sent to the HC by the day after tomorrow (October 21).It may be noted that the instant revision plea has been moved by the Gyanvapi Masjid Committee challenging...

Notice Stating Right To Initiate Arbitration Not A Notice Under Section 21 of A&C Act: Delhi High Court

The Delhi High Court has ruled that a notice issued by a party, merely stating its right to initiate arbitral proceedings, which it would subsequently initiate if the payment was not made by the opposite party, is a unilateral communication which does not qualify as a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Division Bench of Justices...

Police Should Recognize & Assist NGOs When Possible Instead Of Suspecting Them: Bombay High Court

The Bombay High Court, while granting anticipatory bail to a man accused of fraudulently inducing people to donate to his NGO 'The Little Shine Foundation', observed that the police must uphold services of NGOs and assist them if possible. Justice Bharti Dangre in her order observed, "it is also necessary for the Police Department, which is an important organ of the State Government,...

High Court Gives Delhi Govt Four Months To Decide on Recognizing Transgenders As Third Gender on DTC Bus Tickets

The Delhi High Court on Wednesday directed the Delhi Government to decide in four months a representation seeking recognition of transgender community as a third gender on the tickets of DTC buses and a provision for free travel for them.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation (PIL) filed by a person...

SC/ST Act | Special Court Can Treat Application Filed U/S 156 (3) CrPC As A 'Complaint': Allahabad High Court [DB]

In a significant decision, the Allahabad High Court has held that it is permissible for the Special Court designated under the SC/ST Act to take cognizance of an offence on itself by treating an application under Section 156 (3) Cr.P.C. as a complaint.The bench of Chief Justice Rajesh Bindal and Justice Samit Gopal observed thus as it held that the view taken by the Single Judge in the case...

Madras HC Quashes Sexual Harassment Case Against Godman Shivshankar Baba, Says Complaint Not Accompanied By Application To Condone Delay

The Madras High Court has allowed the quashing petition filed by self-styled Godman Shivshankar Baba in a case pertaining to sexual harassment.The Court had observed that the FIR was registered in 2021 while the offence was alleged to have been committed in 2010-2011. Though the court found the allegations to be serious, since no application was filed under 473 CrPC to condone the delay,...