News Updates
Punjab & Haryana Bar Body Restrains 140 'Advocates' Allegedly Found With Forged & Fabricated Enrollment Certificates From Practising
The Bar Council Of Punjab and Haryana this week restrained 140 people who were practising law from appearing in any court of law after the bar body found them guilty of "possessing forged and fabricated enrolment certificates". Coincidentally, all such persons were practising and appearing before the courts in the same district (Ludhiana) of Punjab. The bar body called it a scam and a...
Supersession Of The Arbitration Clause Must Not Be Inferred Lightly: Delhi High Court
The Delhi High Court has ruled that in view of the principle of 'when in doubt, do refer', as enunciated by the Supreme Court, if there is an arbitration agreement between the parties, which is sought to be negated by a party by citing other provisions of a contract, which requires interpretation of the contract, the Court must lean towards referring the matter to arbitration. The...
Jurisdiction Of Competition Commission Not Excluded Merely Because Actionable Info Relates To A Patent: Delhi High Court
The Delhi High Court has held that the jurisdiction of Competition Commission of India is not ousted merely because the information on which it seeks to initiate an enquiry relates to a patent.A single bench of Justice Yashwant Varma held that so long as the CCI is duly and statutorily empowered to deal with all information which it may receive with respect to actions that may (i)...
ED's Power Under PML Act Rests On The Quartet-Test Of 'Search', 'Seize', 'Proceeds Of Crime' & 'Money-Laundering': Calcutta High Court
In a significant order, the Calcutta High Court on Wednesday explained and deliberated upon the procedure of Search, Seizure of Property & Impounding of Records as provided under Section 17 (1) of the Prevention of Money Laundering Act.The bench of Justice Moushumi Bhattacharya stressed that the power of the Directorate of Enforcement under the PML Act rests upon the quartet-test of...
Arbitrator Cannot Be Appointed Over A 'Dead Cause Of Action' Barred By Law Of Limitation: Gujarat High Court
The Gujarat High Court has held that a party cannot be allowed to seek appointment of arbitrator over a "dead" cause of action or to revive a claim which is barred by the Law of Limitation. "Normally the issue of limitation being question of fact/s and the Law governing the same would be procedural, it would always be open for the Arbitral Tribunal to decide based on the facts that may...
Gujarat High Court Permits 'Idea Cellular' To Submit Soft Copies Of 'Customers Activation Forms' After Originals Destroyed In Fire
The Gujarat High Court has asked the Central Government to sympathetically consider the case of Idea Cellular Limited which is unable to submit physical copies of Customers Activation Forms ('CAF') after the same were destroyed in a fire at its warehouse in 2011.Justice AS Supehia observed: "It is clarified that since the petitioners are not having original physical copy of such forms,...
Denial Of Equal Pay For Equal Work Offends Articles 14 & 21 Of Constitution: Andhra Pradesh High Court
The Andhra Pradesh High Court has overturned the State's decision to not increase the remuneration granted to Computer Assistants engaged on contractual basis in various district courts of the state, attached to the post of data processing officer, with effect from 01.04.2019.A division bench of Justice A.V. Sesha and Justice G. Ramakrishna Prasad held that having extended the benefit of...
Karnataka High Court Refuses To Quash POCSO Case Against School Teacher Who 'Removed Student's Pants' As Punishment
The Karnataka High Court has refused to quash a case of sexual harassment registered against a school teacher under the provisions of the Protection of Children from Sexual Offences Act for allegedly beating a 5-year-old student and removing her pants, revealing the body of the child as a measure of punishment. A single judge bench of Justice M Nagaprasanna said, "Section...
Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court
The Karnataka High Court has said that the General Manager of Nandini Milk Products, which is a unit of KMF, a cooperative society, would become a 'public servant' within the Prevention of Corruption Act, 1998, for the ACB to register a crime. A single judge bench of Justice M. Nagaprasanna dismissed a petition filed by one V. Krishnareddy questioning the registration of crime against...
"Stay Safe & Keep Others Safe" : CJI Advises Advocates To Wear Masks
Amidst the rising number of CoVID cases, the Chief Justice of India NV Ramana on Thursday advised everyone in the courtroom to wear masks.When the bench of Chief Justice of India NV Ramana and Justice Krishna Murari assembled today morning and counsels sought court's permission to mention their matters for urgent hearing the CJI said,"Please wear a mask. The majority of our staff and...