High Courts
Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC
A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...
Balco Disinvestment: Delhi High Court Upholds Arbitral Award Voiding Centre & Vedanta Shareholder's Pact
After over a decade of legal tussle, the Delhi High Court recently upheld an arbitral award declaring the Shareholders' Agreement (SHA) between Vedanta Limited (then Sterlite Industries) and the Union of India void, which had given Vedanta the exclusive right to buy the government's remaining 49% stake in Bharat Aluminium Company Limited (BALCO) after a three-year lock-in period. The...
Proceedings U/S 138 NI Act Are Not Sustainable For Dishonour Of Cheques Presented On Behalf Of Dissolved Company: Delhi High Court
The Delhi High Court has made it clear that a party cannot be sued under Section 138 of the Negotiable Instruments Act, 1881 for dishonor of cheques issued by it, if presented by a dissolved company.Justice Arun Monga observed,“Once a company is struck off and stands dissolved, it loses its juristic personality, rendering any act done on its behalf void ab initio unless the company is...
'National Security Policy Can't Be Stalled On Technicalities': Madras High Court Upholds Conversion Of Ordnance Factories Into Defence PSUs
The Madras High Court recently dismissed a petition filed against the decision of the Union Government's decision to convert production units of Ordnance Factory Board into seven Defence Public Sector Units. The bench of Justice R Suresh Kumar and Justice Hemant Chandanagoudar rejected the argument put forward by the employees' association that the decision was made even before...
Delhi High Court Grants Bail To Law Graduate Accused In Mother's Murder, Cites Welfare Of Minor Child
The Delhi High Court has granted bail to a young law graduate booked for the murder of her mother, citing the welfare of her minor child.Justice Sanjeev Narula observed, “The Applicant is a young woman aged 28 years and a single mother to a minor child, who has reportedly been left in the care of her husband's relatives, as the husband is not attending to the child. Prolonged incarceration,...
Delhi High Court Sets Out Key Principles To Determine Maintenance, Calls For Reasoned Orders By Family Courts
The Delhi High Court on Wednesday set out the key principles to be followed while determining maintenance to the wife and child, while also calling for reasoned orders by Family and Mahila Courts in the national capital. Justice Swarana Kanta Sharma emphasised that orders granting interim maintenance in matrimonial cases must be based on a clear and reasoned assessment of income...
Auction Purchaser Must Verify Dues In “As Is Where Is” Sale; Bank Not Liable for Undisclosed Liabilities: Allahabad High Court
Recently, the Allahabad High Court has held that it is the duty of the auction purchaser to check the dues and liabilities on the property being auctioned on "as is where is", "as is what is and "whatever there is" basis.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held:“once a person participates in any auction while having knowledge that the property is being...
Delhi High Court Sentences Man To One Month Jail For Threatening Local Commissioner With Gun
The Delhi High Court on Wednesday sentenced a man to one month of simple imprisonment, along with Rs. 2,000 fine for threatening a Court appointment Local Commissioner with a pistol during execution of the commission. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta held the man, Nitin Bansal, guilty of criminal contempt and disposed of the suo...
Monetary Compensation Must Be Granted From Date Of Application When Compassionate Appointment Is Denied: Jharkhand HC
A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that if compassionate appointment is denied then employer must grant the monetary compensation from date of application for the compassionate appointment. Background Facts The employee was a Piece Rated worker at Central Coalfields Limited (CCL) Dhori...
Anil Ambani Withdraws Plea Against IDBI Bank's Fraud Proceedings After Bombay High Court Declines To Intervene
The Bombay High Court on Tuesday allowed industrialist Anil Ambani to withdraw his petition by which he sought a directive to the IDBI Bank against proceeding with the personal hearing in connection to a show cause notice (SCN) issued to him for declaring his loan account as "fraud."Single-judge Justice Sandesh Patil presiding over the vacation court, after hearing Ambani's counsel, expressed...
Petition U/S 34 A&C Act Filed With Deficit Court Fee Is Non-Est Unless Paid Within Limitation Period: Madras High Court
The Madras High Court held that filing of a petition with deficit court fee does not amount to proper presentation. If the entire court fee is not deposited within the limitation period under section 34(3) Arbitration and Conciliation Act, 1996 (Arbitration Act), the court is divested of its power to condone the delay. Justice N. Anand Venkatesh held that "filing of a petition...
Test Of Prejudice Irrelevant When Tribunal Is Constituted Without Consent Of JV Partner: Madras High Court Sets Aside Arbitral Award
The Madras High Court set aside an arbitral award passed against M/s Nilakantan & Brothers Constructions Pvt. Ltd. (“the petitioner”) on the ground that since the arbitral tribunal was constituted without obtaining the consent of a Joint Venture Partner, it lacked jurisdiction. The court further held that the appointment cannot be validated merely on the ground that no...