News Updates
'Not Enough Place To Sleep In Prison': Thane Central Jail Opposes Inmate's Plea In Mumbai Court To Provide Cot & Mattress
A report from Thane Central Prison in Maharashtra recently highlighted the pitiable condition its inmates lived in with no place to even sleep, many inmates having attempted suicide. Based on the report, a special court refused relief to Nationalist Congress Party (NCP) leader Ramesh Kadam imprisoned in an anti-corruption case. Kadam was seeking a cot, mattress and pillow citing a...
All High Courts Weekly Round Up: 18 July 2022 - 24 July 2022
Allahabad High Court NOMINAL INDEX Mamta And Another v. State Of U.P. Thru. Prin. Secy. Home And Others 2022 LiveLaw (AB) 324 Manish Yadav v. State of U.P 2022 LiveLaw (AB) 325 Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 326 Oyas @ Avesh v. State of U.P 2022 LiveLaw (AB) 327 Farha Faiz v. State Of U.P. And 3...
When The Main Relief Is Rejected By The Arbitral Tribunal, Which Included Interim Relief ,The Interim Relief Granted In Isolation Is Incorrect: Delhi High Court
The Delhi High Court has ruled that when the main relief claimed by the claimant has been rejected by the Arbitral Tribunal, the Arbitral Tribunal cannot award an interim or ancillary amount, which is included under the same claim, in favour of the claimant. The Single Bench of Justice Sanjeev Narula held that when the main relief is rejected by the Arbitral Tribunal, axiomatically,...
Sections 15 And 16 Of The MSMED Act Are Mandatory Provisions, Arbitrator Must Assign Reasons For Not Awarding Compound Interest: Delhi High Court
The High Court of Delhi has affirmed the order of the lower Court by which it had set aside an arbitral award for not awarding interest in terms of Sections 15 and 16 which are mandatory provisions of the MSMED Act. The bench of Justice Vibhu Bakhru and Justice Amit Mahajan held that once the arbitrator has held that MSMED Act applies to the dispute between the parties, it must...
Arbitration Clause Can Be Invoked Against Disputes Under Another Agreement, If Both Agreements Form One Composite Transaction: Karnataka High Court
The Karnataka High Court has ruled that a party can invoke the Arbitration Clause contained in an agreement with respect to the disputes arising with a third party under another agreement, if both the agreements refer to each other and form one composite transaction. The Single Bench of Justice Suraj Govindaraj held that where one of the necessary parties was not issued a legal notice,...
Facts Can Only Be Determined By Evidence Before Forum Of First Instance And Not In Revision Just For The Sake Of Prolonging The Lis; NCDRC
The bench of National Commission comprising Justice Karuna Nand Bajpayee, Member and Dinesh Singh, Presiding Member has observed that, "the facts can only be determined by leading evidence before the forum of first instance or in rare cases by filing additional evidence before the forum of appellate jurisdiction and should not be raised in revision just for the sake of prolonging...
"Colonial Mindset": Madras High Court Directs Implementation Of Abolition Of Orderlies System In Police
The Madras High Court on Monday directed the Principal Secretary to Government, Home Department to take immediate steps to remove uniformed officers serving as orderlies at the residence of higher officials and to use these forces for the benefit of the public at large. The court was making the above observations in respect of a petition regarding overstay in government quarters,...
NCLAT Sets Aside The Order Of NCLT Rejecting CIRP Initiation, Finds That The Service On The Respondent Was Effected As Per Master Data Details.
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 Sparta Global Projects Pvt. Ltd. v KUGD Services Pvt. Ltd., has directed the Adjudicating Authority to admit a petition under Section 9...
Courts Should Not Seek To Run Governments In The Guise Of Judicial Review: Karnataka High Court
"It is primarily the task of the Government to govern and in the guise of judicial review, Courts should not seek to run the governments," the Karnataka High Court has observed. A division bench comprising of Justice Krishna S Dixit and Justice P Krishna Bhat added that when a measure taken by the Government is for implementing a Mega Infrastructural Project pursuant to a policy framed...
Calcutta High Court Rejects Minister Partha Chatterjee's Plea For Expunging 'Adverse' Remarks In HC's 24 July Judgment
The Calcutta High Court today rejected an application moved by West Bengal Commerce and Industry Minister Partha Chatterjee to expunge certain 'adverse' remarks made by the High court in its 24 July Order wherein the Enforcement Directorate was direcetd to shift him to AIIMS, Bhubaneswar from state-run SSKM hospital in Kolkata.It may be noted that the West Bengal minister has been arrested by...
Supreme Court Collegium Recommends Elevation Of 2 Judicial Officers And One Lawyer To Orissa High Court
The Supreme Court Collegium has recommended the elevation of one Advocate and two Judicial Officers as Judges in the Orissa High Court.The approval was given in its meeting held on 25th July, 2022 1. Smt. Suman Pattanayak, Advocate2. Shri Gourishankar Satapathy, and3. Shri Chitta Ranjan Dash.Click Here To Read Collegium StatementClick Here To Read Collegium...