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Delhi High Court Monthly Digest: June 2022 [Citations 513 - 598]
Nominal Index [CITATIONS 2022 LiveLaw (Del) 513 TO 2022 LiveLaw (Del) 598]SH JAGMOHAN KASHYAP v. GOVT. OF NCT OF DELHI & ANR. 2022 LiveLaw (Del) 513JIVA INSTITUTE OF VEDIC SCIENCE & CULTURE AND ANR v. PUNEET CHHATWAL & ORS 2022 LiveLaw (Del) 514HEAD DIGITAL WORKS PRIVATE LIMITED v. TICTOK SKILL GAMES PVT LTD 2022 LiveLaw (Del) 515SH.PANNA LAL v. BHAGMAL KATARIA & ANR. 2022...
Can't Refer Dispute To Arbitration Unless There Is A Clear, Unequivocal Denial Of A Right: Kerala High Court
The Kerala High Court has held that the cause of action giving a party the right to refer a dispute to arbitration only accrues when there is a clear and unequivocal denial of a right by one party by the other.Holding so, a Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha dismissed the appeal moved by Southern Railway challenging the decision of the Additional...
Will Not Disrupt Functioning Of KSRTC: Trade Unions Before Kerala High Court In Plea Alleging Delay In Salary Disbursement
The Kerala State Transport Employee Association informed the Kerala High Court on Friday that all strikes and disruptive activities on the premises of the KSRTC and its offices will be immediately ceased and that they will not disrupt the functioning of the KSRTC. Justice Devan Ramachandran was hearing the plea moved by the KSRTC employees alleging that they were not being paid salary...
Monthly Digest Of IBC Cases: June 2022
NCLAT Belated Claims Of Homebuyers, If Reflected In The Records Of Corporate Debtor Shall Be Included In Information Memorandum By Resolution Professional: NCLAT Case Title: Puneet Kaur v K V Developers Private Limited Case No.: Company Appeal (AT) (Insolvency) No. 390 of 2022 The National Company Law Appellate Tribunal (NCLAT), Principal Bench, comprising of Justice...
"IBC Does Not Protect The Interest Or Claim Of A Partner Against Another Partner Or The Firm": NCLT Mumbai
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P. N. Deshmukh (Judicial Member) and Shri Kapal Kumar Vohra (Technical Member), while adjudicating a petition filed in Parul A Vora v Kavya Buildcon Pvt. Ltd., has held that the Insolvency and Bankruptcy Code, 2016 ("IBC") does not protect the interest or claim of a Partner against another Partner or...
Reasonable Opportunity Must Be Given To Employer For Determination Of Escaped Amount U/S 7C Of Employees Provident Funds Act: Telangana High Court
The Telangana High Court in a Writ Petition ruled that an order cannot be passed under Section 7C of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF act) for determination of escaped amount unless the employer is given a reasonable opportunity of representing his case Brief facts of the case The Writ Petition was filed by the employer aggrieved by the...
Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Tuesday reiterated that non-filing of an application under Section 8 of the Arbitration and Conciliation Act would not mean that the petitioner has surrendered to the jurisdiction of the court and left the right to get the disputes resolved through arbitration so as to debar the petitioner for seeking appointment of an arbitrator through...
Hyderpora Encounter: J&K&L High Court Allows Amir Magrey's Family To Perform Fatiha Khawani At His Grave, Upholds ₹5 Lakh Compensation For Kin
The Jammu and Kashmir and Ladakh High Court today directed the UT administration to allow the family of Amir Magrey, the fourth person killed in Hyderpora Encounter, to perform Fatiha Khawani (religious rituals/prayers after burial) at his grave.The division bench comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani also upheld the the single bench direction to the extent...
Life Is Important To All, Persons Committing Brutal Murder Of One Cannot Now Seek Bail To Save Their Father's Life: Karnataka High Court
"When petitioners have committed brutal murder of one person they cannot seek bail to save life of another person i.e. their father," the Karnataka High Court observed while denying bail to two murder accused.The bizarre observation was made Justice K Natarajan while denying relief to brothers Sadik Khan and Adil Khan, who are in custody for almost one and half year and sought release to...
Look Out Circular Can Be Issued Against Personal Guarantor In The Interest Of Public Money: Telangana High Court
In a recent case, a writ petition filed by a personal guarantor to lift the travel ban was dismissed as huge amount of Rs. 226.02 crores was outstanding to a public sector bank. Justice G. Radha Rani held: "In the present case a public sector bank had made request for issuance of LOC as huge amount of Rs.226.02 Crores was due and the petitioner had given a personal guarantee to...
A Statement Made At The Stage Of Interim Injunction Is Not A First Statement For Section 8 Of The A&C Act: P&H High Court
The High Court of Punjab and Haryana has held that a statement made at the stage of interim injunction is not a first statement for Section 8 of the A&C Act. The Single Bench of Justice Rajbir Sherawat held that any statement made at the stage of and for the purpose of opposition to the application under Order 39 Rules 1 & 2 or to prevent any interim order being passed by...