S.138 NI Act: Delhi High Court Appoints 5 Retired Judges As Presiding Officers Of Special Courts

The Delhi High Court has appointed five retired judicial officers as Presiding Officers of Special Courts (Negotiable Instruments Act) established in compliance of Supreme Court's directions in "in Re: Expeditious Trial of Cases under sec. 138 of NI Act."The appointments are as follows:- Mr. Rakesh Siddhartha- Mr. C.K. Chaturvedi- Dr. Satinder Kumar Gautam- Mr. Chandra Bose- Mr. Ram...

Notice U/S 13(2) SARFAESI Act Not Sufficient For Instituting Legal Challenge, Adjudication Must Await Until S.13(4) Stage: Gujarat HC

The Gujarat High Court, while declining to exercise its writ jurisdiction at the stage of issuance of notice under Section 13(2) of the SARFAESI Act, has held that adjudication of matter would have to wait till the stage of Section 13(4) was reached. Thereafter, the aggrieved person can file a securitisation appeal under Section 17 of the SARFAESI Act before the...

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months.The bench comprising Justice Harnaresh Singh Gill relied on the view taken by the Apex Court in Saurabh Bakshi's case and said that...

Municipalities Cannot Grant Permission For Installation Of Statute/ Structures In Public Utility Places: Andhra Pradesh High Court

The Andhra Pradesh High Court has made it clear that Municipal Corporation or Municipalities cannot grant any permission for installation of any statute or construction of any structure in public roads, pavements, sideways and other public utility places.A single judge bench of Justice Ravi Nath Tilhari further held that even if any permission was granted previously pursuant to which...

Urgent Need To Prevent Depleting Green Cover: Delhi High Court Orders Parties To Deposit 25K Cost Towards Green Highways Fund

The Delhi High Court has quashed a cheating FIR of 2017 following a settlement between the parties and imposed a cost of Rs. 25,000 on the accused persons as well as the complainant to be utilized for plantation of trees along the national highways. Justice Swarana Kanta Sharma directed that the cost be deposited in the Green Highways Fund which is formed pursuant to a project for...

Notice Under Section 21 Of A&C Act Issued; Court Not Barred From Exercising Jurisdiction Under Section 9: Bombay High Court

The Bombay High Court has ruled that merely because a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act) to refer the disputes to arbitration is issued by a party, the Court is not barred from exercising jurisdiction under Section 9 of the A&C Act for interim measures. The Court added that it is not constrained to refer the parties to arbitration...

Arbitral Award With Contradictory Findings Is Liable To Be Set Aside: Calcutta High Court

The High Court of Calcutta has held that an arbitral award wherein the arbitrator has given contradictory findings is liable to be set aside. The Bench of Justice Krishna Rao reiterated that an arbitral award wherein no reasons are given for arriving at a particular finding is also liable to be set aside. Facts The parties entered into an agreement dated 09.01.1997 whereby...

MOU Between Private Parties Cannot Be Specifically Enforced; Party Not Entitled To Interim Relief Under Section 9 Of A&C Act: Delhi High Court

The Delhi High Court has ruled that a MOU which is in the nature of a commercial transaction between two private parties is by its very nature determinable and hence, the said MOU can be terminated even in the absence of any termination clause contained in it. The Single Bench of Justice Mini Pushkarna held that since the MOU was not capable of specific performance due to the statutory...

NCDRC Awards Rs 1 Crore Compensation To Parents For Death Of Child During Squint Eye Correction Surgery Due To Gross Medical Negligence

The National Consumer Disputes Redressal Commission, New Delhi, on Friday, awarded an exemplary compensation of Rs. 1 Crore to the parents of a a 6 year old child, who met with his untimely death due to gross medical negligence and deficiency in service Sankara Nethralaya, Chennai, during a squint eye correction surgery. The Commission, presided over by the President of the Commission,...

"Not Seen Instigating The Crowd": Delhi High Court Grants Bail To Another Accused In Jahangirpuri Riots Case

The Delhi High Court today granted bail to one Babuddin, an accused in relation to the clashes that broke out in April in city's Jahangirpuri area during a Hanuman Jayanti procession.Noting that Babuddin was in custody since April 27, a single judge bench comprising of Justice Yogesh Khanna granted bail after observing that he was no more required for further investigation. The Court also...

'Things Will Settle Down; CJI Taken Decision With Good Intention': Justice Nazeer On Successive Adjournment Of Regular Matters On First Day Of New Order Of Hearing

On the first day of the coming into effect of the new mechanism put into place by Chief Justice U. U. Lalit where regular hearing matters are to be taken in the morning itself and the miscellaneous matters in the post-lunch session, and in the face of the matters getting successively adjourned at the request of lawyers, Senior Advocate Dushyant Dave suggested that the registrar devise some way...

Kerala Govt Has No Obligation To Pay KSRTC Salaries: State's Appeal In High Court

The Kerala Government has approached the High Court challenging the order directing it to release requisite funds to KSRTC to clear salary dues of its employees for the months of July and August, along with the bonus eligible to those below the managerial cadre on or before the 1st September.In the Writ Appeal moved through Special Government Pleader Advocate P. Santhosh Kumar, the...