High Courts
Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. If the conduct of the parties does not demonstrate that the party claiming relief is ready and willing to perform his part of the contract then the relief under the Specific Relief Act cannot be granted. The...
Entry Made In Dispatch Register Is Not Primary Evidence To Prove Service Of Notice On Assessee: Orissa High Court
The Orissa High Court has made it clear that an entry in the dispatch register maintained by the Revenue is not primary evidence to show service of notice on an assessee. In the case at hand, Petitioner-assessee was aggrieved by rejection of application made under section 154 in Income Tax Act, 1961 for rectification. Petitioner was issued a notice for scrutiny assessment...
Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed...
Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. In this case, the award was passed after more than 2 years from the conclusion of the arguments. Brief Facts The present petition under Section...
Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The present appeal under Section 37 (1)...
RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court
In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information (RTI) Act, 2005.A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a Public Information...
Jammu and Kashmir and Ladakh High Court Weekly Roundup November 4 To November 10, 2024
Nominal Index:White Globe Vs State of J&K 2024 LiveLaw (JKL) 297Anu Bala Vs Rajesh Singh 2024 LiveLaw (JKL) 298Mohammad Tajamul Masoodi Vs UT Of J&K 2024 LiveLaw (JKL) 299Muhammad Shafi Wani VS Muhammad Sultan Bhat 2024 LiveLaw (JKL) 300Zaka Chowdhary Vs UT Of J&K 2024 LiveLaw (JKL) 301Syed Shaifta Arifeen Balkhi Vs J&K Public Service Commission & Ors 2024 LiveLaw...
Award In Which Vital Evidence Are Not Considered Can Be Set Aside On Grounds Of Patent Illegality U/S 34: Calcutta HC
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya affirmed that there cannot be any quarrel with the proposition that if there is a perversity in the award insofar as the non-consideration of vital evidence is concerned, the same tantamounts to violation of the fundamental policy of Indian Law as well as gives rise to a patent illegality, which is a sufficient ground...
Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs
The Punjab and Haryana High Court has issued directions to Director Generals of Police for the States of Punjab and Haryana as well as Union Territory of Chandigarh to issue necessary instructions for scrupulous compliance of Section 193(3) of BNSS (erstwhile Section 173(3) of Cr.P.C.) by the Investigating Officers.Justice Harpreet Singh Brar said, "Section 193(3) of BNSS is an evolved version...
Mankind v. Aquakind: Delhi High Court Issues Ex-Parte Interim Injunction Against Sale Of Pharma Products With 'KIND' Formative Trademarks
The Delhi High Court has issued a temporary injunction in favour of Mankind Pharma Limited, against the sale of its medical and pharmaceutical goods with the trademark 'MANKIND' and 'KIND' formative marks.Mankind Pharma (plaintiff) is a pharmaceutical company and it has registered the trademark 'MANKIND' for various goods and services. Mankind Pharma also uses several trademarks with the...
Provision Penalising Guardian Of Minor Who Commits Offence Under Motor Vehicle Act Challenged In Kerala High Court
A petition has been moved before the Kerala High Court challenging the constitutional validity of Section 199A of Motor Vehicles Act which states that when any offence under the Act is committed by a juvenile, his guardian or owner of the vehicle shall be deemed to be guilty and proceeded against. Under the provision, the registration of the vehicle which the minor was using can be cancelled...
Owner Of Electric Vehicle Purchased Prior To October 14, 2022 Can't Seek Refund Of Tax Citing Subsequent Exemption Notification: Allahabad HC
The Allahabad High Court has held that the owner of an electric vehicle which was purchased prior to October 14, 2022 cannot seek refund of tax citing a subsequent notification exempting the payment of One Time Tax. Petitioner had sought refund of One Time Tax paid in respect of his Hybrid Vehicle purchased on October 13, 2022. The relief was sought on the strength of...