High Courts
Jharkhand High Court Quashes Adverse Remarks Against Lawyer Over 'Hooliganism' During Hearing, Accepts His Apology
The Jharkhand High Court quashed adverse remarks made against an advocate who had, while arguing an anticipatory bail matter last month, used "loud speech" and had "threatened the court to pass the order" stating that he will approach the Supreme Court challenging the same. Justice Sanjay Kumar Dwivedi in his September 25 order had observed that this was a case where an "attempt was made...
Mere Correction Of Typographical Error In Arbitral Award Does Not Extend Limitation Period For Plea U/S 34(3) Of A&C Act: Delhi HC
The Delhi High Court held that mere correction of typographical error does not extend the period limitation for filing a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The court further held that the limitation period begins from the date of disposal of an application under section 33 of the Arbitration Act and not from the date when a...
Performance Of Every Contract Would Be Jeopardised If Partial Breakdown Of Machinery Is Considered 'Force Majeure' Event: Delhi High Court
The Delhi High Court partly set aside an arbitral award which directed the National Council of Educational Research and Training (NCERT) to refund of Rs. 2 crore to M/s Murli Industries Ltd. holding that the finding of the arbitrator that breakdown of a machinery constituted a force majeure event cannot be sustained. The court however upheld the arbitrator's finding that the time was...
Allahabad High Court Directs Registry To Digitize All Records Relating To Sri Krishna Janmabhoomi Case
The Allahabad High Court recently directed the Registrar (Judicial) (Computer) to take necessary steps for digitization of all records relating to the Sri Krishna Janmbhumi title dispute cases, for ensuring the safety and preservation of case documents. The order was passed by a bench of Justice Ram Manohar Narayan Mishra, who has now been shifted to the Lucknow Bench of the...
Cheque Issued For Time-Barred Debt Amounts To Promise, S.138 NI Act Can Be Invoked When It Is Dishonoured: Rajasthan High Court
The Rajasthan High Court has held that a cheque issued towards a time-barred debt gets dishonoured, the liability under Section 138 NI Act can be invoked in view of Section 25(3) of the Indian Contracts Act, as per which even a time-barred debt forms a valid consideration if there was a written promise signed by the debtor.The bench of Justice Pramil Kumar Mathur held that a cheque...
Madras High Court Extends Interim Order Restraining Makers Of 'Good Bad Ugly' Movie From Using Ilaiyaraaja's Songs
The Madras High Court on Thursday (October 16) has extended the interim order restraining the makers of the Tamil movie Good Bad Ugly from using the three songs of Ilaiyaraaja.When Justice N Senthilkumar took up the plea today, some of the music companies informed the court that they had filed impleading petitions, but the same were yet to be numbered. Taking note of this, the court adjourned...
Violation Of Mandate U/S 53A & S.38 Abkari Act Gives Benefit Of Doubt To Accused: Kerala High Court
The Kerala High Court has recently held that when there is a violation of the mandate under Sections 53A and 38 of the Abkari Act, the accused is entitled to the benefit of doubt. The Court was considering an appeal preferred by two persons, who were convicted of the offence under Section 8(2) of the Act.Justice Johnson John observed: “As noticed earlier, in this case, there is violation of...
Shilpa Shetty, Raj Kundra Withdraw Plea To Travel Abroad After Bombay High Court Seeks Deposit In Alleged Fraud Case
Bollywood Actor Shilpa Shetty and her businessman husband Raj Kundra, today withdrew their interim application seeking to travel abroad, filed before the Bombay High Court.The couple, facing an FIR in an alleged Rs 60 crore fraud case, had moved the court seeking to quash a Look Out Circular (LOC) issued against them. Subsequently, the court had asked them to deposit the amount before...
Tenant Can't Shift Stands By Raising New Or Contrary Pleas In Eviction Proceedings: Delhi High Court
The Delhi High Court has observed that a tenant cannot be allowed to shift stands from one forum to another by raising new or contrary pleas in eviction proceedings. “If a party like the tenant is allowed to shift stands from one forum to another by raising fresh/ new and/ or contrary pleas, then there will be no end to litigation, especially those involving properties under...
PMLA Tribunal Cannot Remand Back Order Of Attachment Passed By Adjudicating Authority For Fresh Consideration: Karnataka High Court
The Karnataka High Court has held that the Appellate Tribunal under the Prevention of Money Laundering Act has no power to remand back to consider afresh the order passed by the Adjudicating Authority, confirming the provisional attachment order.A division bench of Justice D K Singh and Justice Venkatesh Naik T allowed the appeal filed by the Enforcement Directorate and said “Tribunal...
Case Being 'Covered Up': Allahabad High Court Summons ADGP Over Probe Against CBCID Head Constable Accused Of Extortion
Taking serious note of alleged police inaction and the apparent influence of an accused Head Constable over the probe authorities in connection with an extortion case, the Allahabad High Court last week summoned the Additional Director General of Police (ADG), Varanasi, to appear in person and file a personal affidavit detailing the progress of the investigation. A Bench of...
S. 138 NI Act | Directors Can't Escape Liability For Cheque Dishonour Merely Because Company Is Declared Insolvent: Orissa High Court
The Orissa High Court has recently held that directors of a company cannot be absolved of their liability for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 ('the NI Act') merely because the company was declared insolvent and a Resolution Professional was appointed under the Insolvency and Bankruptcy Code, 2016 ('the IBC').While determining the extent...