News Updates
Limitation Qua Counter-Claim Stops On The Date Of Notice Of Arbitration: Madras High Court
The High Court of Madras has held that the limitation period qua Counter-Claims would be arrested on the date on which the respondent issues the notice of arbitration and the date of filing of counter-claims would be irrelevant. The bench of Justice M. Sundar further held that limitation is a facet of 'public policy' and an error in limitation clearly leaves an award hit...
Arbitration Cases Weekly Round-Up: 9 October To 15 October, 2022
Delhi High Court: Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court Case Title: Welspun Enterprises Ltd. versus NCC Ltd. The High Court of Delhi has held that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resolution...
Sec 319 CrPC | Degree of Satisfaction For Summoning Additional Accused Much Stronger Than Mere Probability Of His Involvement: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently reiterated that for arraigning an additional accused during the trial, there has to be much stronger evidence against him than mere probability of his involvement in the crime.The observations were made by Justice Sanjay Dhar in the judgement on a plea challenging the order passed by Additional Special Judge, Anticorruption,...
Delhi High Court Directs Jamia Millia Islamia To Regularise Sharjeel Usmani's Admission To MA Course
The Delhi High Court has permitted former Aligarh Muslim University (AMU) student Sharjeel Usmani to appear in the third semester examinations for 'MA in Social Exclusion and Inclusive Policy' at Jamia Millia Islamia University (JMI). Justice Sanjeev Narula also directed JMI to immediately declare Usmani's results in respect of the first and second semester examinations.The court also asked...
Hindu Tamils Were Primary Victims Of Racial Strife In Srilanka; Principles Of CAA 2019 Applicable To Them: Madras High Court
In a significant observation, the Madras High Court (Madurai Bench) has said that the principles of the Citizenship (Amendment) Act 2019 can very well be made applicable to the Hindu Tamils who were the primary victims of the racial strife in Srilanka.The bench of Justice G. R. Swaminathan observed thus as it took into account the fact that Srilanka does not fall within the ambit of CAA 2019,...
Delhi High Court Weekly Round-Up: October 10 To October 16, 2022
Citations 2022 [LiveLaw (Del) 946 TO 2022 LiveLaw (Del) 979]NOMINAL INDEXCIT Versus Travelport L.P. USA 2022 LiveLaw (Del) 946Dharampal Satyapal Limited & Anr. v. Mr. Youssef Anis Mehio & Ors. 2022 LiveLaw (Del) 947Esha Kedia versus Milan R. Parekh & Ors. 2022 LiveLaw (Del) 948Kishan Lal Kuria Mal International versus Union of India 2022 LiveLaw (Del) 949M/s Victory Electric...
Place Of Arbitration Would Not Become The 'Seat' When The Exclusive Jurisdiction Is Conferred On A Court At A Different Place: Delhi High Court
The High Court of Delhi held that place of arbitration would not become the seat of arbitration when the parties have conferred exclusive jurisdiction on a Court other than the seat Court. The bench of Justice Neena Bansal Krishna held that conferring exclusive jurisdiction, over a Court different from the Court at the place of arbitration, would be a contrary indicia and the place...
DGFT Notifies Procedure For General Authorisation for Export after Repair in India
The Director General of Foreign Trade (DGFT) has notified the procedure for general authorization for export after repair in India (GAER).The export of imported Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) items to the same entity abroad after repair in India will be allowed on the basis of a one-time GAER subject to post-reporting on a quarterly basis issued...
GST Dept. To Consider Reply to SCN Sent By Assessee Through post and Not Portal: Madras High Court
The Madras High Court has held that the GST Department should consider a reply to a show cause notice even if it is sent by the assessee through the post and not the portal.While rejecting the objection of the department that the postal/physical reply to them shall not be considered, the single bench of Justice M. Nirmal Kumar has directed the department to give an opportunity for...
DGFT Allows Export Of Flour Made From Imported Wheat
The Director General of Foreign Trade (DGFT) has allowed the export of flour made from imported wheat.The export policy of wheat or Meslin flour (atta), maida, saolina rava (sirgi), wholemeal atta, and resultant atta is prohibited.However, export of wheat flour (atta) will be allowed against Advance Authorisation and by Export Oriented Units (EOUS) and units in Special Economic Zones...
Permit Foreign Medical Graduates To Complete Internship Without Insisting On Payment Of Fee: Kerala HC To Kottayam General Hospital
The Kerala High Court on Friday admitted the plea filed by at least 17 foreign medical graduates against the alleged charging of exorbitant amount of internship fees, and withholding of internship stipend by General Hospital, Kottayam.Justice V.G. Arun, while admitting the plea and issuing notice to the respondents, said in the light of the orders passed in similar case, the authorities...
Married Daughter Of Deceased Also Entitled To Compensation Under Railways Act: Bombay High Court
A married daughter of a victim of a railway accident would also be entitled to compensation under the Railways Act even though she may not be dependent on him, the Nagpur bench of the Bombay High Court has held."If Section 123(b)(i) of the Railway Act is perused, it is the definition of dependant wherein daughter is included. There is no qualification either married or unmarried daughter. As...