All High Courts
Allegations Against Arbitral Tribunal Without Any Basis Is Contrary To Letter And Spirit Of Arbitral Process: Delhi High Court
The Delhi High Court single bench of Justice Prathiba M. Singh held that making allegations against the Arbitral Tribunal without any basis is contrary to the letter and spirit of the arbitral process. Brief Facts: The matter pertained to an Engineering, Procurement, and Construction agreement (EPC) made between the NHAI and M/S Kcc Buildcon Pvt. Ltd. (“Respondent”). Dispute arose between parties and an Arbitral Tribunal was constituted on 23rd December 2021, with a six-month ...
Coal Scam: Delhi High Court Orders Renewal Of Ex-MP Vijay Darda's Passport For Three Years
The Delhi High Court has ordered renewal of passport of former Rajya Sabha MP Vijay Darda, convicted in a coal scam case, for a period of three years.Justice Swarana Kanta Sharma observed that Darda was granted permission on past many occasions to travel abroad and he did not misused the liberty granted to him.The court noted that while suspending Darda's four years of sentence in September last year, a condition was imposed that he shall not leave the country without prior permission of the...
Delhi High Court Issues Summons In Tesla's Trademark Infringement Suit Against 'Tesla Power India'
The Delhi High Court has issued a summons in a trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart. Justice Anish Dayal issued a summons to the Indian company and Tesla Power USA LLC and sought their written statements. The court also issued notice on Tesla's plea seeking interim relief in the suit and listed it for a hearing on May 22.Tesla filed the trademark infringement suit alleging...
Delhi High Court Issues Notice On Plea To Expedite Availability Of Residential Accommodations For Judges
The Delhi High Court on Thursday issued notice on a plea seeking to expedite the availability of government residential accommodations for judicial officers serving in the national capital. A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora sought a response from the Union of India through the Ministry of Law and Justice, the Delhi Government and the Registrar General. The matter will be heard on July 16.The plea, moved by the Judicial Service...
'Can't Wriggle Out Of Mess By Citing Political Vendetta': Jharkhand HC Dismisses Hemant Soren's Plea Against ED Arrest
The Jharkhand High Court, in its dismissal of the writ petition filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest by the Enforcement Directorate (ED) in the Land 'Scam' case, asserted that he “cannot wriggle out of the mess he created for himself” by raising “bogey of political vendetta.”The division bench comprising Acting Chief Justice Chandrashekhar and Justice Navneet Kumar, while rejecting Soren's plea, observed, "The recovery of huge cash from his Delhi residence...
'Use Your Knowledge And Power To Change The System': Acting Chief Justice Manmohan To Delhi High Court Women Lawyers
Acting Chief Justice Manmohan on Friday appreciated the Delhi High Court Women Lawyers Forum for forming a collective body to promote gender equality and asked the women lawyers to use their power and knowledge to change the existing system.“I am very happy that you have formed a collective body for the cause of promoting gender equality. And it is the need of the hour. And it is very good that you have organized yourselves. When I joined the profession, there was only one lady judge in court...
[Cash For Jobs Scam] Calcutta High Court Raps CBI For Wrongly Seeking Sanction To Prosecute Fmr State Officials From Chief Secy Instead Of Governor
The Calcutta High Court has pulled up the Central Bureau of Investigation (CBI) for creating a 'fiasco' by wrongfully applying to the Chief Secretary for sanction to prosecute former ministers and public servants, instead of the Governor who was the correct sanctioning authority, in the cash for jobs scam. A division bench of Justices Joymalya Bagchi and Gaurang Kanth expressed bewilderment over the fact that the CBI had sought sanction from the chief secretary rather than the Governor who...
Bombay High Court Weekly Round-up: April 22 - April 28, 2024
Nominal Index [Citation 221 - 234]Telex Advertising Pvt Ltd v. Central Railway 2024 LiveLaw (Bom) 221Glencore India Pvt Ltd v. Amma Lines Limited 2024 LiveLaw (Bom) 222Mahendra Bansilal Patil v. Commissioner of Transport & Ors. 2024 LiveLaw (Bom) 223PCIT v. Tata Steel 2024 LiveLaw (Bom) 224Sham v. Walve 2024 LiveLaw (Bom) 225Aniruddha Ganesh Pathak v. Registrar General, Bombay High Court...
Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases
The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death.Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik observed –“Law is well settled that hearing on the question of sentence has to be real and effective and not a...
Punjabi Language Exam Can't Test Individual's "Punjabiath": High Court Sets Aside Syllabus Prescribing State's Culture, History In ETT Syllabus
Observing that the state "failed to consider the difference between Punjab and Punjabi language", the Punjab and Haryana High Court has set aside the syllabus of Punjabi language for Elementary Trained Teacher (ETT) recruitment exam.The Court noted that the examination of Punjabi language has been incorporated by the respondents in a manner to mean understanding all the Punjabi culture, religion, history of Punjab, whereas the Paper of Punjabi language could have been limited to the subject...
Arbitration Monthly Digest - April 2024
Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another [APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 89 of 2024] The Allahabad High Court has directed...
Income Tax Authority Should Refrain From Over Analysis Which Leads To Paralysis Of Justice: Bombay High Court
The Bombay High Court, while setting aside the order of the Income Tax Appellate Tribunal (ITAT), held that the authority should refrain from overanalyzing, which leads to paralysis of justice.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the ITAT failed to appreciate the spirit in which the order dated August 23, 2022, was passed by the High Court condoning the delay by observing that the Income Tax Authority should consider the claim for deduction under Section...