Enforcement Of Foreign Award Cannot Be Refused U/S 48 Of Arbitration Act Unless It Is Against Public Policy: Chhattisgarh HC

The Chhattisgarh High Court bench of Justice Deepak Kumar Tiwari has held that enforcement of a foreign award cannot be refused under section 48 of the Arbitration Act unless it is shown that the award is against the public policy of India. The court further observed that even during Covid-19 pandemic, the Banking Sector continued to provide essential services and in the Notification,...

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. Brief Facts The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996...

Jammu & Kashmir High Court Seeks Compliance On Eviction Of Unauthorized Occupants From Govt Accommodations

The Jammu & Kashmir High Court addressed a Public Interest Litigation concerning the continued occupation of government-provided accommodations by former ministers and political persons who no longer held positions entitling them to such residences.The court observed that despite repeated directions, the respondents, including the Estates Department, had failed to take meaningful steps...

Missing Records Don't Invalidate Previously Verified Caste Certificate; Dismissal For Not Providing Digital Certificate Arbitrary: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Vijay Kumar Shukla quashed Life Insurance Corporation's (LIC) dismissal order of a Development Officer for failing to submit a fresh digital caste certificate. The Court held that the mere unavailability of old records cannot invalidate a certificate that was already verified at the time of his appointment. The Court emphasized...

Court Cannot Examine Correctness Of Policy Decision Which Is Supported By Sufficient Material And Complies With Article 14: Patna High Court

The Patna High Court has reiterated that once it is found that there exists sufficient material supporting a particular policy decision and it falls within the scope of Article 14 of the Constitution, the power of judicial review does not extend to determine the correctness of that policy decision or finding out an alternative.The above ruling came during the dismissal of a petition filed...

'Sorry State Of Affairs': Gauhati HC Laments 'Casual' Approach Of State In Plea Challenging Construction Of Amusement Park At Silchar

The Gauhati High Court recently pulled up Assam Government for filing an affidavit in a very casual manner, in an ongoing PIL filed by several persons being aggrieved with the decision of the Silchar Municipal Board allowing the private respondent Assam Progressive Developers Limited to set up an amusement park in the Gandhibag Park.The division bench comprising the Chief Justice Vijay...

Pay Verification Cell's Unilateral Reduction Of Salary Without Notice Violates Principles Of Natural Justice: Patna HC

Patna High Court: A single judge bench of Justice Satyavrat Verma quashed the Bihar Education Department's Pay Verification Cell's order that unilaterally reduced a university employee's salary and downgraded his designation. The Court held that such action without prior notice violated principles of natural justice and contradicted an earlier High Court ruling that mandated...

Bombay High Court Permits Offering Of Flowers At Shirdi Sai Baba Temple, Says They Should Be Purchased From Farmers & Sold At Reasonable Rates

The Aurangabad bench of the Bombay High Court on Friday (November 14) while permitting the Shri Saibaba Sansthan, Shirdi to resume the practice of offering flowers to Sai Baba in the temple, directed that flowers must be made available for devotees for offering at a reasonable price. The court further said that no devotee must be harassed or extorted by selling flowers at exorbitant...

Gujarat High Court Monthly Digest: October 2024 [Citations 144-163]

Citations 2024 LiveLaw (Guj) 144 to 2024 LiveLaw (Guj) 163Nominal Index Pareshbhai Ramanlal Shah v. State of Gujarat and Batch, 2024 LiveLaw (Guj) 144I C Mahida – M.D. of Surat District Co-op Bank Ltd v. State of Gujarat & Ors, 2024 LiveLaw (Guj) 145X v. State of Gujarat, 2024 LiveLaw (Guj) 146New India Assurance Co. Ltd. v. Ramrul @ MunnaLokane Mina & Ors, 2024 LiveLaw (Guj) 147X v....

Court Fees Act 1870 | Ad Valorem Court Fees Is Payable In Suit Filed For Declaring A Gift Deed As Null & Void: Allahabad HC

The Allahabad High Court has held that in a suit filed wherein relief is claimed for adjudging a gift deed as null, void, forged, and fabricated ad valorem Court Fees would be payable as per Section 7(iv-A) of the Court Fees Act, 1870 (as applicable in Uttar Pradesh) and not as per residuary Article 17 (iii) of Schedule II of the 1870 Act. For context, residuary Article 17 (iii)...

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet (on December 1, 2023)—despite the...

'Opinion Of Dermatologist Cannot Be Ignored', Delhi High Court Directs Fresh Examination Of Candidate By Review Medical Board

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain upheld the order of the Central Administrative Tribunal that directed the Staff Selection Committee to constitute a fresh Medical Board to re-examine the Respondent for determining whether he was fit for duties or not. The Court held that the Respondent was declared fit by the...