Arbitration Clause Contained In Incomplete Memorandum Of Understanding Cannot Form Basis For Arbitration Proceedings: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that an arbitration clause in a memorandum of understanding that was not finalized, as indicated by the correspondences between the parties, cannot serve as the basis for initiating arbitration proceedings. Brief Facts: In October 2020, the Respondent approached the petitioner and they reached an oral agreement with...

Punjab & Haryana HC Raps Top Cop Over Delay In Deciding Plea Of Runaway Couple Seeking Protection, Flags SOP Requiring Decision In 3 Days

The Punjab & Haryana High Court condemned the Senior Superintendent of Police (SSP) for delaying in deciding the representation filed to the Police by a run-away couple.Taking note of the delay of 5 days in the deciding the representation and non-compliance of the SOP issued by the Department of Home Affairs, under the directions of the High Court in Kajal v. State of Haryana, the Court...

One-Year LLM Program Approved By UGC, Valid For Getting Appointment In Public Departments Or Universities: Madras High Court

The Madras High Court recently observed that that the one-year LLM programme was approved by the UGC and could not be held to be invalid for getting appointed into public departments or Universities. The court thus asked the Teachers Recruitment Board to include the name of a woman whose name was withheld merely because she had done a one-year LLM course. Justice RN Manjula observed...

Not Rarest Of Rare Case: Punjab & Haryana HC Commutes Death Penalty Of Man Convicted For Rape & Murder Of Minor Daughter

The Punjab & Haryana High Court commuted death sentence awarded to a man into life imprisonment for the remainder of his natural life without the application of the provisions of premature release, for rape and murder of his 6-year-old daughter.Justice Gurvinder Singh Gill and Justice Jasjit Singh Bedi said, "While there is no doubt about the brutal and heinous nature of the crime...

After Commencement Of Arbitration, Parties Must Wait Until Award Is Pronounced To File Challenge Unless Appeal Is Available At Earlier Stage: Kerala HC

The Kerela High Court Bench of Justice Basant Balaji has held that once the arbitration has commenced, parties have to wait until the award is pronounced unless a right of appeal is available to them under Section 37 of the Act, even at an earlier stage. Brief Facts of the case: The present dispute arose with respect to an agreement, for the construction of a Multidisciplinary...

Anand Teltumbde's Activities Threaten India's Sovereignty; Must Not Be Permitted To Go Abroad, Can Give Lectures Virtually: NIA To Bombay HC

The National Investigation Agency (NIA) on Thursday told the Bombay High Court that Dalit rights' activist Dr Anand Teltumbde is an active member of the Communist Party of India (Maoist) (CPI-M), and is allegedly involved in activities that pose a 'threat' to the 'sovereignty, security and integrity' of India and thus he should not be permitted to travel to Amsterdam and the United Kingdom...

Senior Citizens Act Creates Eviction Right Only When Property Owned By Senior Citizen Is Transferred To Children Or Relatives: Punjab & Haryana HC

The Punjab and Haryana High Court has set aside the order directing the vacation of the property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, observing that order can only be passed when the senior citizen is the owner of the property in possession of their children or relative.Justice Harsimran Singh Sethi said, "The direction which has been given by...

Bombay High Court Directs State To Explain Steps Taken To Revive Functioning Of Homes For Mentally Challenged Children

In a petition concerning the situation of Homes for Mentally Challenged Children in Maharashtra, the Bombay High Court directed the State government to file a detailed affidavit indicating the number of such Homes in the State and the steps taken to revive the functions of such homes among other things.The case stems from a 2014 petition, where it was alleged that bar dancers were invited to...

No Provision Allows Coercive Action Before Pre-Intimation Notice: Uttarakhand HC Criticizes GST Dept For Negatively Blocking ITC

The Uttarakhand High Court criticized the GST department for the negative blocking of ITC and questioned the provision under which such deterrent or coercive action has been taken. “The working of the Department is startling and shocking. It is not known and incomprehensible as to which provision of law permits the Department to take deterrent and coercive action, even prior...

Plea Of Non-Compliance With S.154 CrPC Need Not Be Looked At When Chargesheet Is Filed Disclosing Commission Of Offence: J&K High Court

The Jammu and Kashmir High Court observed that the requirement of checking the non-compliance of the provisions of section 154 CrPC was not needed at the stage when the investigation in the matter was complete and chargesheet had already been filed disclosing the commission of the cognizable offence. The petitioners had challenged the order of magistrate directing the registration of...

If Complaint Discloses Prima Facie Allegations, Malafide Intention Of Complainant Of No Consequence: Madras HC Denies Relief To Ma Subramanian

The Madras High Court recently refused to quash the charge sheet filed by the CB- CID against Health and Family Welfare Minister Ma Subramanian and his wife in a case of alleged land grabbing. Though Subramaniam had argued that the complaint was filed due to political motive, Justice P Velmurugan noted that there were prima facie materials to proceed with the trial. The court added...

Shreya Singhal Binding Precedent, Centre Calling SC Judgment Per Incuriam "Unheard Of": X Corp To Karnataka HC In Plea Against Sahyog Portal

Social media platform 'X' (formerly twitter) told the Karnataka High Court on Thursday (April 3) that the Central government's submission that the Supreme Court's 2015 decision in Shreya Singhal vs. UOI is 'per incuriam' and not a binding precedent is something "unheard of". The submission was made before Justice M Nagaprassana who was hearing X Corp's plea seeking a declaration that...