News Updates
'Abused & Denied Even Basic Dignity, Mere Submission Will Not Constitute Consent': Punjab and Haryana High Court Upholds Conviction Of Two In OP Jindal Rape Case
Upholding the conviction and sentence of two men in the 2015 OP Jindal University rape case, the Punjab and Haryana High Court has reiterated that in a situation where the victim has no other option but to submit to the demands of the perpetrator, the mere submission on her part will not constitute 'consent' and thus the case will fall within the meaning of rape."The question of consent...
Arbitration Cases Weekly Round-Up: 25 September To 1 October, 2022
Bombay High Court: Reliance On Evidence Filed After Conclusion Of Hearing; Award Is Patently Illegal:Bombay High Court Case Title: Secretary to the Government of India, Ministry of Shipping, Road Transport and Highways & Anr. versus The Additional Commissioner, Nagpur & Ors. The Bombay High Court has ruled that where the only documentary material relied upon by the claimant...
Delhi High Court Weekly Round Up: September 26 To October 2, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 906 TO 2022 LiveLaw (Del) 926KAUSHAL KISHOR SINGH v. M/S SITA KUONI WORLD TRAVEL INDIA LTD. 2022 LiveLaw (Del) 906Sharjeel Imam vs. State 2022 LiveLaw (Del) 907BUILDERS ASSOCIATION OF INDIA v. COMPETITION COMMISSION OF INDIA 2022 LiveLaw (Del) 908RECKITT BENCKISER INDIA PRIVATE LIMITED v. HINDUSTAN UNILEVER LIMITED 2022 LiveLaw (Del) 909VINAI KUMAR...
'Deceptively Similar Design': Bombay High Court Halts Sale of Polycab Wizzy After Atomberg Alleges Infringement
The Bombay High Court recently restrained a leading electrical appliance manufacturer Polycab India Ltd. from marketing its fan in an ex parte order stating that prima facie it has identical design as that of 'Atomberg Renesa Ceiling Fan'. Justice R. I. Chagla granted temporary injunction in favour of the Mumbai based fan manufacturer Atomberg Technologies Pvt. Ltd. in a commercial...
'Attempt To Threaten Judges With Contempt Pleas Unacceptable': Madhya Pradesh High Court Warns Litigants Against 'Adventurism'
Deprecating the practice of bringing "every wrong order" passed by trial courts under contempt jurisdiction, the Madhya Pradesh High Court has observed that trying to threaten judges with contempt pleas will not be accepted. Pulling up four litigants for making 'reckless allegations' against a trial court judge, a division bench comprising of Chief Justice Ravi Malimath and Justice...
Karnataka High Court Monthly Digest: September 2022 [Citation 344 - 385]
Nominal Index: MAHANTESH KOUJALAGI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 344 The State of Karnataka v. S.B. Shivashankar. 2022 LiveLaw (Kar) 345 S.C. MAHESH v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 346 M.PRAKASH v. THE SUPERINTENDENT OF POLICE. 2022 LiveLaw (Kar) 347 ESHWAR R & others v KARNATAKA EXAMINATION AUTHORITY. 2022 LiveLaw (Kar) 348 POULAMI BASU v....
'Lab Lacked Accreditation To Analyse Whiskey Samples': Bombay High Court Quashes FSSA Proceedings Against Alcohol Manufacturer
The Bombay High Court recently quashed the proceedings initiated by the Food and Drugs Administration against the alcohol manufacturer Pernod Ricard in 2021 for alleged violation of the regulation on declared level of ethyl alcohol content in the whisky.The court observed that the lab that analysed the sample was not accredited for testing whisky and stated, "The tests ought to be...
Arbitration Cases Monthly Round-Up: September 2022
Supreme Court: Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court Case Title: Babanrao Rajaram Pund versus Samarth Builders & Developers Citation: 2022 LiveLaw (SC) 747 The Supreme Court observed that an arbitration clause has to be given effect even if it does not...
Delhi High Court Monthly Digest: September 2022 [Citations 823 - 925]
NOMINAL INDEXCitations 2022 LiveLaw (Del) 823 TO 2022 LiveLaw (Del) 925Sun Pharmaceuticals Ltd v. Hetero Healthcare Ltd. & Anr. 2022 LiveLaw (Del) 823BOLT Technology OU v. Ujoy Technology Pvt. Ltd. 2022 LiveLaw (Del) 824MS HNUNPUII v. MUNICIPAL CORPORATION OF DELHI & ANR. 2022 LiveLaw (Del) 825BOLT TECHNOLOGY OU v. UJOY TECHNOLOGY PRIVATE LIMITED & ANR 2022 LiveLaw (Del)...
NCLT Can't Refer To Arbitration U/S 8 Of The A&C Act While Exercising Powers U/S 7, 9 And 10 Of The IBC: NCLAT Principal Bench
The NCLAT Principal Bench comprising of Justice Anant Bijay Singh, Judicial Member and Ms. Shreesha Merla, Technical Member in the matter of Trafigura India Pvt. Ltd. V. TDT Copper Ltd. upheld the order passed by the Adjudicating Authority which upheld the order of the AA, dismissing Appellant's S. 9 Application under IBC on the ground that unpaid amounts in the Settlement Agreement do...
Calcutta High Court Acquits Man Convicted 34 Years Ago By Trial Court For Allegedly Abetting Wife's Suicide
The Calcutta High Court on Friday acquitted a man convicted by the trial court of abetting the suicide of his wife 36 years ago by inflicting cruelty upon her. The Court found that the prosecution had failed to prove the charge beyond all reasonable doubt before the Trial Court.The bench of Justice Shampa Dutt (Paul) also found fault with the findings of the Trial Judge who had given...
Tax Cases Monthly Round-Up: September 2022
Indirect TaxesSupreme Court Disputes Related To Tax Concessions Are Not Arbitrable: SupremeCourt Case Title: M/s Shree Enterprise Coal Sales Pvt Ltd. Versus Union Of India Citation: 2022 LiveLaw (SC) 774 The Supreme Court has held that disputes related to tax concessions are not arbitrable. The division bench of Justice Dhananjaya Y Chandrachud and Justice Hima Kohli...