'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court

The Kerala High Court Bench of Justice Dr A. K. Jayasankaran Nambiar and Justice Easwaran S. held that if the parties choose to refer to a singular point for arbitration, then the arbitral tribunal cannot proceed to decide on all disputes. On the contrary, if the parties agree to arbitrate on the entire disputes, then the arbitral tribunal shall have jurisdiction to decide the entire...

'You're Making Mockery Of The System': Madhya Pradesh HC Directs State To Speed Up Approval Process To Appoint Arbitration Tribunal Members

The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) has directed the State to speed up the process for administrative approval for appointment of members of Abitration Tribunal and amendment of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.For context, the Act provides for the establishment of a Tribunal to arbitrate in disputes to which the State government or a...

Kerala HC Accepts Police Officer's Testimony To Uphold Conviction For Forged Driving License, Says Public Usually Reluctant To Become Witness

The Kerala High Court has observed that the public often shows reluctance to become witnesses, and stated that the testimony of police officers can be admissible, if they are found to be reliable and trustworthy.A single judge bench of Justice M. B. Snehalatha further held testimony of police officer should not be viewed with distrust solely because he is a witness from the Department of...

Dwarka Demolition: Gujarat Govt Seeks To Vacate Status-Quo Order, Says Alleged Religious Structures Being Used To Traffick Explosives

The Gujarat government on Monday (January 20) opposed before the High Court the continuance of a status quo order protecting from any action certain properties which are alleged to be religious structures located in Dwarka, arguing that the structures are being used for trafficking explosives.During the hearing the court also orally enquired into the nature of a property under the Waqf Act...

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. In doing so, the court opined that the impugned action must relate to a 'public duty' in order to come under the ambit of Article 226 of the Constitution.The single-judge bench of Justice Vijay Kumar Shukla observed, “The...

Court Not Prohibited From Looking Into Material Considered By SEBI While Adjudicating Plea For Compounding Of Offence: Delhi High Court

The Delhi High Court has held that the SEBI (Settlement Proceedings) Regulations, 2018, cannot prohibit any Court from looking into material which led the SEBI or its High Powered Advisory Committee (HPAC) to allow or reject a plea for compounding of offences alleged under the SEBI Act, 1992.Regulation 29(2) of the Settlement Regulation provides that material placed before the HPAC or the...

Bombay High Court Quashes FIR Against Man For Driving Without Helmet, Orders Him To Perform Community Service At Hospital

While quashing a First Information Report (FIR) against a 22-year-old man for driving a two-wheeler without a helmet and licence in 2017 (when he was 17-years-old), the Bombay High Court asked him to perform 'community service' at a hospital for four Sundays. The court further directed him to deposit his licence with the Mumbai Police for nearly three months and not to drive any vehicle in...

Chandigarh Mayor Election: Punjab & Haryana HC Directs To Re-Schedule Polls, Mayor Kuldeep Kumar To Continue Tenure Till January 29

The Punjab and Haryana High Court has set aside the notification wherein Chandigarh Mayoral Election was scheduled for January 24 and directed to re-schedule the polls after January 29. Mayor Kuldeep Kumar to continue tenure of the present mayor office till then. Justice Sureshwar Thakur and Justice Vikas Suri was hearing the petition filed by Chandigarh Mayor Kuldeep Kumar (AAP), who sought...

Trader Cannot Accept Settlement Commission's Order U/S 127C Of Customs Act 'In Parts': Delhi High Court

The Delhi High Court has held that an order passed by the Settlement Commission under Section 127C of the Customs Act, 1962 is in the nature of a 'settlement' and cannot be accepted by a trader only in part.A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma observed, “Given the nature of the order passed under Section 127C of the Act – which is in...

Serving Signed Copy Of Award To Employee Of Party Does Not Constitute Valid Service U/S 31(5) Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that service of a signed copy of an award on an employee of a party to an arbitration agreement is not a valid service under section 31(5) of the Arbitration Act. Brief Facts The respondent and the appellant had business dealings. Dispute arose between them and an arbitration clause was invoked....

'Proud To Head HC With Maximum Women Judges': Chief Justice Alok Aradhe Bids Farewell To Telangana High Court

"I have a sense of pride to head the High Court, which is one of the youngest Court in the Country and has maximum number of women judges," said outgoing Chief Justice Alok Aradhe, at his farewell function organised at the Telangana High Court on Monday (January 20). On January 14, the Centre notified Justice Aradhe's appointment as the Chief Justice of the Bombay High Court. While addressing...

'They Are Journalists': Kerala High Court Questions POCSO Case Against Reporter TV Editors, Grants Interim Anticipatory Bail

The Kerala High Court on Monday (20th January) granted interim anticipatory bail to Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. The duo is booked under Section 11(i) of the POCSO Act for allegedly sexually harassing a girl child through words and gestures.During the hearing Justice P. V. Kunhikrishnan orally enquired from the State why...