News Updates
Kerala High Court Directs Registry To Accept Counter Affidavit Without Insisting On Its English Translation
The Kerala High Court on Tuesday directed the Registry to accept a counter affidavit in a case without insisting on an English translation of the same. This direction assumes significance since less than a month ago, another Bench of the Court had prohibited the Registry from accepting writ petitions with vernacular documents if not accompanied by an English translation.In that order, the...
"One-Sided" Liability Clause Inserted By Developers For Compensating Failure To Deliver Flat Not Bar To Order Refund: Delhi SCDRC
The Delhi State Consumer Disputes Redressal Commission recently directed Parsvnath Developers to refund the entire amount deposited by a homebuyer in lieu of a Flat Purchase Agreement executed back in 2007, awaiting possession till date.The Commission rejected the developer's contention that the complaint is not maintainable in view of Clause 10(c) of the Flat Buyer Agreement which prescribes...
[Illegal Termination] Punjab & Haryana High Court Allows Daily Wagers' Plea Against Closing Of Evidence To Prevent "Irreparable Injury"
Punjab and Haryana High Court recently held that if the petitioners, who are daily wagers litigating for their rights, are not allowed to lead their evidence then they would suffer irreparable loss and injury. The petitioners, who are daily wagers and litigating for their rights, would suffer irreparable loss and injury in case they are not allowed to lead their...
Remedy Under RERA Act Is Not A Bar For Initiation Of Arbitration: Delhi High Court
The Delhi High Court has ruled that the dispute involving refund of payment under the 'Flat Buyer Agreement' from a real estate developer is arbitrable and is not barred by the existence of a concurrent remedy under the Real Estate (Regulation and Development) Act, 2016 (RERA Act). The Single Bench of Justice Sanjeev Narula held that the remedies available under the RERA Act...
Right To Be Forgotten: Karnataka HC Directs 17 Media Outlets To Temporarily Block Articles Displaying Names Of Two Acquitted Of Alleged Crimes
The Karnataka High Court on Wednesday directed 17 media outlets to temporarily block articles, videos and comments displaying names of two Petitioners herein in connection with a criminal case registered against them, for which they stand acquitted. The media outlets include Facebook, Twitter, YouTube, Google, Yahoo, and Indian Kanoon. A single judge bench of Justice Krishna S...
Kerala High Court Prohibits Registry From Accepting Petitions With Vernacular Documents Unless Accompanied By English Translation
The Kerala High Court recently held that advocates filing writ petitions should produce the English translation of documents which are filed in a local or vernacular language while prohibiting its Registry from accepting petitions without such translation.Justice Amit Rawal was adjudicating upon a petition filed with vernacular documents and a note by the advocate saying that the...
Fraudulent Initiation Of CIRP, NCLAT Upholds Issuance Of Show Cause Notice To Related Parties
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Zoom Communications Pvt. Ltd. v M/s. Par Excellence Real Estate Pvt. Ltd., has upheld the Adjudicating Authority's order declining...
High Court Directs Delhi Govt To Ensure Strict Compliance Of Senior Citizens Act, Closes Suo Moto Proceedings
The Delhi High Court on Thursday directed the Delhi Government to ensure strict compliance of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also directed the Delhi State Legal Services Authority (DSLSA) to ensure that legal aid is extended to persons covered under the Act...
Arbitral Tribunal Has The Power To Vacate/Modify Its Earlier Order: Delhi High Court
The High Court of Delhi has held that the arbitral tribunal would be guided by the principles of O. 39 R. 1&2 of CPC while considering the issue of vacation/modification of an interim order. The Bench of Justice Sanjeev Narula held that the tribunal does not have the power of substantive review of its order, however, it does have the power to vacate or modify the conditions of...
High Court Seeks Delhi Police's Stand On Implementation Of NGT Order Banning Sale Of 'Chinese Manjha' For Kite Flying
The Delhi High Court on Thursday sought the stand of Delhi Police on implementation of the order passed by the National Green Tribunal (NGT) banning sale of Chinese synthetic manjha used in flying kites. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a PIL filed by Advocate Sanser Pal Singh seeking a complete ban on flying of kites...
Arbitration Clause In The Annexure To The Agreement Would Be Binding On The Parties: Delhi High Court
The High Court of Delhi has held that an arbitration clause contained in the annexure to the main agreement would be binding on the parties to that agreement. The Bench of Justice Neena Bansal Krishna held that in view of Section 11(6-A) the justiciability of claims and the defences can only be determined through adjudication by the arbitrator. Facts The petitioner filed...
Judicial Review Of State Policy "Very Narrow": Sikkim HC Rejects Challenge To Removal Of SC/ST/OBC Age Relaxation For Post Of Fisheries Block Officer
The Sikkim High Court recently dismissed a petition challenging the Sikkim State Subordinate Fisheries Service (Amendment) Rules, 2019 which did away with the age relaxation given to the ST, SC, MBC and OBC candidates by the Fisheries Rules, 2008. Justice Bhaskar Raj Pradhan observed that it is open for the government while framing rules under the proviso to Article 309 of the...