High Courts
Appeal Against Order U/S 39(2) Arbitration Act Is Not Maintainable U/S 13 Commercial Courts Act: Karnataka High Court
The Karnataka High Court dismissed an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), holding that no appeal under section 13 of the Commercial Courts Act lies against an order passed under section 39(2) of the Act. The court further held that the appeal under section 13 of the Commercial Courts Act is maintainable against those orders...
Kerala High Court Dismisses Review Petition Against Body Donation Of Deceased CPI(M) Leader MM Lawrence
The Kerala High Court on Wednesday (October 29) dismissed a review petition filed by the daughters of deceased veteran CPI(M) leader M M Lawrence, against rejection of their appeal challenging an order permitting donation of their father's body. The division bench comprising Chief Justice Nitin Jamdar and Justice S Manu delivered the judgment. The review petition was filed on the ground that...
Bar Council Elections: Delhi High Court Issues Notice On Plea Against BCI Rule Fixing Nomination Fee At ₹1.25 Lakh
The Delhi High Court on Wednesday issued notice on a plea challenging a recent decision of Bar Council of India to hike the nomination fee for contesting the State Bar Council Elections to Rs 1,25,000.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government, Bar Council of India and Bar Council of Delhi. The matter is listed...
Award Passed After Expiry Of Arbitrator's Mandate Is Non-Est, Court Can't Extend Mandate Post-Award: Delhi High Court
The Delhi High Court held that an award passed after expiry of the arbitrator's mandate is non-est and unforceable holding that the court has no power to extend the mandate post award if no application seeking extension of the mandate was pending before the award was passed. A Division bench of Justice V. Kameswar Rao and Justice Vinod Kumar held that the award becomes operational...
Order Terminating Arbitration For Non-Filing Of Statement Of Claim Is Not 'Award', Cannot Be Challenged U/S 34 A&C Act: Delhi High Court
The Delhi High Court held that an order terminating arbitral proceedings under section 25 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) on account of non-filing of statement of claim does not amount to an arbitral award and therefore cannot be challenged under section 34. Justice Jasmeet Singh held that “the Award can only be considered to be an award once...
O.XII R.6 CPC | Failure To Plead Fraud With Particulars Doesn't Amount To Admission Of Document's Genuineness: Delhi High Court
The Delhi High Court has made it clear that mere failure of a party, alleging that a document is fraud, to provide particulars of such fraud doesn't lead to a conclusion that the party has admitted the genuineness of such document.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“failure to give particulars of fraud should not necessarily lead to...
Document Presenter Can't Avoid Stamp Duty By Withdrawing Instrument Before Registration: Madras High Court
The Madras High Court recently held that a presenter of a document for registration cannot seek its return without paying the deficit stamp duty decided by the registering authority or the collector. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq noted that, as per the provisions of the Indian Stamp Act and the registration Rules, when a document or instrument...
Delhi High Court Bar Association Objects To Decision Mandating Working Saturdays, Cites Lack Of Consultation With Bar
The Delhi High Court Bar Association (DHCBA) has expressed concern over the decision that every Bench of the Delhi High Court will observe one working Saturday every month in 2025.On October 17, a representation was written by DHCBA, signed by its President, Senior Advocate N Hariharan. The letter states that while the Delhi High Court Bar Association holds the highest regard for the decisions...
'Suicide Note' By Deceased Employee Is Untrue: OLA CEO Bhavish Aggarwal, Others Tell Karnataka High Court In Plea To Quash Abetment FIR
Ola Electric Technologies Private Limited CEO Bhavish Aggarwal told the Karnataka High Court on Wednesday (October 29) that the suicide note allegedly left behind by the deceased employee K Aravind was not true.The submission was made by Aggarwal and others seeking quashing of an FIR registered against them on charged of abetment to suicide. The FIR was registered on October 6, based on...
Delhi High Court Urges Authorities To Improve Digital Access In Higher Education, Minimise Digital Divide
The Delhi High Court on Wednesday asked the authorities to take steps to provide better digital access to the students in higher education in various disciples and to also minimise the “digital divide.”A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was dealing with a PIL filed by one Nora Beniwal, a Class 12th student, seeking better implementation of...
Suspicious Husband Can Turn Matrimonial Life Into Living Hell: Kerala High Court Grants Divorce To Woman Suspected Of Infidelity
While granting divorce to a woman, the Kerala High Court observed that an unfounded suspicion of a husband amounts to a serious form of cruelty.The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha was delivering the judgment in a matrimonial appeal filed by the wife against the decision of Family Court, Kottayam which declined the relief of divorce sought by...
'Meant For Imparting Education Only': Allahabad High Court Bars Commercial Activities In Premises Of All Educational Institutions In UP
Observing that educational institutions are meant for imparting education only and not for permitting commercial activity, the Allahabad High Court has barred any commercial activities including and not limited to exhibitions, fairs, etc., in the premises of all educational institutions in Uttar Pradesh.The court passed the order in a PIL against use of the premises of a Degree College...