News Updates
Challenge Against Appointment Of Arbitrator Can Be Entertained Only After Passing Of The Award: Rajasthan High Court Reiterates
The Rajasthan High Court has reiterated that any challenge against an arbitrator on the grounds contained in the Fifth Schedule of the Arbitration and Conciliation Act, 1996 (A&C Act), which give rise to justifiable doubts regarding his independence or impartiality, can be gone into by the Court only after the Arbitral Tribunal has given an award. The Single Bench of Justice...
ED Clean Chit To Republic TV, R Bharat In TRP Scam; Probe Against India Today Ongoing
The Enforcement Directorate (ED) gave a clean chit to Republic TV and R Bharat regarding their alleged involvement in the manipulation of television rating point (TRP) numbers, in the chargesheet filed in the special PMLA Court last week. ED claimed that it had examined Republic channel's role and found that Mumbai police's investigation was "at variance" with their probe. However,...
'Accommodation' Under Chhattisgarh Accommodation Control Act Includes Any Land Not Being Used For Agricultural Work: Chhattisgarh HC
The High Court of Chhattisgarh recently said that the definition of 'accommodation' under Chhattisgarh Accommodation Control Act, 2011 is inclusive of any land which is not being used for any agricultural work. Justice P. Sam Koshy & Parth Prateem Sahu observed: "There is also no dispute on the aspect that if there is any ambiguity in understanding or interpreting the...
Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court
The Delhi High Court has observed that where a cross examination has been conducted extensively, it would be against the mandate of law to re-summon the witness especially in a case of sexual offence.Observing that the right to fair trial is a constitutional goal and a fundamental right of every individual, Justice Swarana Kanta Sharma said that where evidence sought to be brought on record...
Interviews Mostly Guided By Nepotism In India: Meghalaya HC Bats For Transparent Selection Processes
The Meghalaya High Court has voiced its concern over 'favouritism' and 'nepotism' affecting government's recruitment drives. While referring to Articles 14, 15 and 16 of the Constitution that guarantee equality and non-discrimination, Chief Justice Sanjib Banerjee observed,"Just as religion, race, caste, sex, descent, place of birth, residence are to be kept out of the consideration,...
Section 10 CPC 'Eviscerates' Litigant's Right To Expeditious Trial, Must Be Construed Strictly: Delhi HC
The Delhi High Court has reiterated that Section 10 of Code of Civil Procedure would apply only where the whole subject matter in both the proceedings is identical.Section 10 CPC prevents the trial of a suit in a matter regarding which there is already a case pending in a court of competent jurisdiction. When the same parties file two or three cases in the same matter, the competent court has...
Organised Influx of Illegal Migrants From Myanmar, Some Rohingya Migrants Have Links With Pak Based Terror Groups: Centre To Delhi HC
The Centre Wednesday informed Delhi High Court that it has "contemporaneous data from security agencies" and inputs indicating that "some unauthorised Rohingya migrants" are linked to Pakistan based terror organisations and similar groups operating in other countries.The Foreigners Regional Registration Office, Delhi - which has made the submissions on behalf of Union of India also, further...
'Vasundhra' A Common Name In India, No Exclusive Right Can Be Granted: Delhi HC on Jewellery Brand's Case Against Gujarati Businessman
Refusing to grant an ad-interim injunction in favour of a known Delhi-based jewellery showroom, the Delhi High Court Wednesday said 'Vasundhra' is a common name in India and an exclusive right to use the same cannot be granted. The court made the observation in an order passed on an application filed by Vasundhra Jewellers, which has a showroom in Pitampura. The company owning the showroom...
Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC
The Chhattisgarh High Court recently allowed the plea for divorce made by a husband after failure to persuade his wife to accompany him to the matrimonial home and her reluctance to join him even after passing of a decree in his favour under Section 9 of Hindu Marriage Act for restitution of conjugal rights.A bench of Justices Goutam Bhaduri and Radhakishan Agrawal set aside an order of...
Wife's Opposition to Husband's Demand For Living Separately Cannot Be Termed Cruelty: Chhattisgarh HC
The High Court of Chhattisgarh recently observed that if a husband asks his wife to stay at a place other than his without sufficient cause and she opposes it, it cannot be termed as cruelty on her part.The observation was made by Justice Goutam Bhaduri & Justice Radhakishan Agrawal in its decision on an appeal filed by a man against the family court's decision to not allow his petition...
Materials Before Court Insufficient To Decide Fraud In Relation To Existence Of Arbitration Agreement, Arbitrator To Decide Issue: Kerala HC
The Kerala High Court on Thursday reiterated that where a plea of fraud is raised in a dispute, the civil aspect of fraud is arbitrable, unless the very arbitration agreement is found to have been vitiated by fraud. As to the forum to decide upon the arbitrability of the agreement, Justice Satish Ninan reiterated that the Courts would be bound to refer the parties for adjudication unless it...
S.357 CrPC | When Fine Forms Part Of Sentence U/S 138 NI Act, Court Ought To Order Payment Of Compensation From Fine: Kerala HC
The Kerala High Court on Tuesday, while considering a Revision Petition observed that in an offence under Section 138 of the Negotiable Instruments Act, when the Court imposes sentence of imprisonment and fine, it has to order payment of compensation from the amount of fine as provided under Section 357(1)(b) of CrPC. Justice A. Badharudeen observed:...in an offence under Section 138 of the...