News Updates
Commercial Court Cannot Be Regarded As A "Person Or Institution" Under Section 11(6) Of The A&C Act: Bombay High Court
The Bombay High Court has ruled that the jurisdiction and power of the High Court in relation to the appointment of an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), has not been divested by the Commercial Courts Act, 2015. The Court added that the term "all applications or appeals arising out of such arbitration", as provided under...
Certificate Issued By Arya Samaj Alone Doesn't Prove Marriage: Allahabad HC Takes Dim View Of Its Way Of Organising Marriages
The Allahabad High Court recently took a dim view of the way Arya Samaj organizes marriages as it observed that the 'Samaj' has misused their beliefs in organizing the marriages without even considering the genuineness of documents.The bench of Justice Saurabh Shyam Shamshery further held that the certificate issued by Arya Samaj alone doesn't prove the legality of a marriage. With this,...
Karnataka High Court Monthly Digest: August 2022 [Citation 296-343]
Nominal Index: NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD. 2022 LiveLaw (Kar) 296 Suo-Motu v. The State Of Karnataka. 2022 LiveLaw (Kar) 297 AMIT GARG v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 298 DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 299 IMRAN SIDDIQUI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 300 George...
J&K&L High Court Weekly Roundup: 29 August To 4 September, 2022
Nominal Index :Rishi Sharma Director Haustus Biotech Vs Drug Inspector 2022 LiveLaw (JKL) 122Union of India Vs M/S D. Khosla Co & Ors 2022 LiveLaw (JKL) 123 National Highway Authority of India Vs Ali Mohammad Dar & 2022 LiveLaw (JKL) 124 Waqar Ahmad Dar Vs UT of J&K 2022 LiveLaw (JKL) 125 M/S JK Stationers Vs State of J&K 2022 LiveLaw (JKL) 126 Farooq...
"No Material To Suggest His Involvement In Any Anti-National Activity": Gujarat High Court Quashes Passport Impounding Order
The Gujarat High Court recently quashed an order of the passport authorities impounding the passport of one, Gulamhusen Dadamiya Pir on the ground that he was engaged in some anti-national activities.It is interesting to note that the passport of the petitioner was not impounded by invoking the provisions of Section 10(3)(c) of the Passports Act, 1967, which refers to the impounding of...
'Hurried Invocation Of Art 311(2)(b)': Calcutta High Court Quashes A Dismissal Order For Want Of Reasons For Dispensing With Inquiry
The Calcutta High Court has recently underscored that dismissal or removal or reduction in the rank of a person employed in a civil capacity under the Union or State must not be done without following due process and in violation of the principles of natural justice. A Division Bench comprising Justice Moushumi Bhattacharya and Justice Ajoy Kumar Mukherjee thus proceeded to...
"Right To File Petition Not A Tool For Your Resume": High Court Dismisses Law Student's Plea Seeking Compensation In Wake Of Delhi's Air Pollution
The Delhi High Court on Monday dismissed a plea filed a law student namely Shivam Pandey persuing masters from University of Delhi seeking compensation of Rs. 15 lakhs for the damages suffered to his health due to the cause of air pollution in the city. Apart from compensation, the plea also sought health insurance of Rs. 25 lakhs. A single judge bench comprising of Justice Yashwant...
IBC Cases Weekly Round-Up: 28 August To 3 September, 2022
NCLAT Status Of Debtor, Attained Finality, Can't Be Altered Based On A Subsequent Judgment: NCLAT Delhi Case Title: Raghavendra G. Kundangar & Ors. v Shashi Agarwal & Anr. Case No.: Company Appeal (AT) (Ins.) No. 886 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M....
Uphaar Fire Tragedy: Delhi High Court Issues Notice On Plea Against Early Release Of Ansal Brothers In Evidence Tampering Case
The Delhi High Court on Monday issued notice on a petition moved by Association of Victims of Uphaar Tragedy (AVUT) challenging a Trial Court order releasing real estate barons Sushil Ansal and Gopal Ansal as against the jail term already undergone by them, in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997.A single judge bench comprising...
Allahabad High Court Weekly Round Up: August 29 To September 4, 2022
Nominal Index Abbas Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko 2022 LiveLaw (AB) 397 Bhagwan Shri Krishna Virajman And Another v. U.P Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 398 Kanta v. State of U.P. 2022 LiveLaw (AB) 399 Deepak @ Deep Prakash @ Deepu v. State Of U.P., Through Secretary Home Govt. Of U.P 2022 LiveLaw (AB) 400 Rajdhari Yadav v. State...
Pendency Of Prosecution No Bar To An Order Of Preventive Detention :J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the pendency of prosecution is no bar to an order of preventive detention and an order of preventive detention is also not a bar to prosecution. Discharge or acquittal of a person will not preclude detaining authority from issuing a detention order.The observation was made by a bench of Justice Moksha Khajuria Kazmi while hearing...
Karnataka High Court Weekly Round Up: August 29 - September 4.,2022
Nominal Index: ROSHAN KUMAR MISHRA v. THE STATE OF KARNATAKA. 2022 LiveLaw (kar) 340MURTHY v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 341HARSHAVARDHANA RAO K v. UNION OF INDIA. 2022 LiveLaw (Kar) 342THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD V TAHASEENTAJ W/O SHAMIULLA @ GULLAB, & Others. 2022 LiveLaw (Kar) 343MAHANTESH KOUJALAGI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 344The State...