News Updates
RTI Act | Information Commission Can't Turn Blind Eye To Culpable Delay In Furnishing Info By PIO: Karnataka High Court Imposes Penalty
The Karnataka High Court recently observed that the Information Commission cannot let the undue delay caused by a Public Information Officer in furnishing information as sought for under the Right to Education Act, go unpunished.Leaving the culpable delay to go with impunity strikes at the root of law, a single judge bench of Justice Krishna S Dixit said.The court was hearing a writ...
Clause "Every Effort" To Arbitrate; Must Be Referred To Arbitration: Calcutta High Court
The Calcutta High Court has ruled that it is the intention of the parties that has to be deciphered while determining whether or not the parties must be referred to arbitration. The Single Bench of Justice Shekhar B. Saraf held that where the arbitration clause between the parties provided that "every effort" should be made by them to settle the dispute by arbitration, the term...
If The Imposition Of LD Was Contingent On Extension Of Time, Recovery Of LD Is Not Time Barred: Delhi High Court
The High Court of Delhi has held that the arbitrator cannot reject the claim of a party for refund of Liquidated Damages (LD) as barred by time if it was inextricably linked to the issue of Extension of Time (EOT) on which the decision of the competent authority was pending. The Bench of Justice Vibhu Bakhru held that the period of limitation for the purpose of refund of LD would...
Breaking | Shiv Sena MP Sanjay Raut Remanded To ED Custody In Patra Chawl Land Scam Case Till August 4
A Special ED Court in Mumbai has remanded Shiv Sena MP Sanjay Raut to custody of Enforcement Directorate till August 4.The agency arrested the parliamentarian on Sunday after searches for over nine hours at his Bhandup residence regarding redevelopment of a chawl project in a northern suburb of Mumbai. It had sought eight days custody.Special Judge MG Deshpande while partly allowing...
Threshold Limit Under Insolvency And Bankruptcy Code Will Also Include Interest: NCLAT
The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Justice M Satyanarayana Murthy and Mr. Naresh Salecha held that minimum threshold mentioned under Section 4 of the Insolvency & Bankruptcy Code, 2016 (IBC/Code) can include both the principal amount and the interest. Brief Facts The Operational Creditor supplied various...
S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court
The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure.Justice Arindam Lodh observed: "The proviso of sub-section (2) of Section 63 of the NDPS Act is...
Karnataka High Court Monthly Digest: July, 2022 [Citations 238 -295]
Nominal Index: DADA S/O BALU ROOGE v. APPASAHEB S/O KIRAN KESTE. 2022 LiveLaw (Kar) 238 Sudarshan Ramesh v. Union Of India. 2022 LiveLaw (Kar) 239 THE UNIVERSITY OF AGRICULTURAL SCIENCES v. DR. DIGAMBARAPPA, & others. 2022 LiveLaw (Kar) 240 Case Title: Sadik Khan @Sadik v State of Karnataka. 2022 LiveLaw (Kar) 241 PRABHUNAIKA K.T v. STATE...
Supreme Court Dismisses Plea To Accept Nomination For Vice President Election
The Supreme Court of India on Monday rejected a petition filed by Dr. Mandati Thirupati Reddy seeking to direct the Election Commission of India to accept his nomination to the post of Vice President of India. A Division Bench of Justices UU Lalit and S Ravindra Bhat, while rejecting the petition said, "The nature of relief prayed for in the...
State Has Expertise & Confidential Info To Evaluate Threat Perception Of Individuals; Its Job To Protect Life, Limb & Property Of Its Subjects: Delhi HC
The Delhi High Court has observed that since the State has expertise and confidential information to evaluate threat perceptions of individuals, it is the State's job to protect the life, limb and property of its subjects.Justice Jasmeet Singh dismissed a plea filed by a retired police official who was the Investigating Officer of the famous Nitish Katara murder case, where the son and nephew...
Liability Of Personal Guarantor Survives Even On Becoming Citizen Of A Foreign Country: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Shri Barun Mitra (Technical Member), while adjudicating an appeal in Sudip Dutta v State Bank of India, has held that the liability of a Personal Guarantor does not get extinguished upon subsequent acquisition...
Karnataka High Court Directs State To Ensure Compliance Of Order Restricting Protests, Processions To Bengaluru's Freedom Park, Closes PIL
The Karnataka High Court on Monday directed the State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru. A division bench of Acting Chief Justice Alok Aradhe and Justice...
Kerala Building Tax Act | Residential Building Rented Out For Residential Purpose Can't Be Treated As Commercial Building: High Court
The Kerala High Court on Friday ruled that a residential building which has been rented out for residential purposes cannot be treated as a commercial building under Kerala Building Tax Act, 1975.Justice Shaji P. Chaly examined the definition of a residential building under the Act before concluding that giving out a residential building for rent does not change its characteristics to that...