High Courts
Arbitration Clause Allowing MD To Appoint Sole Arbitrator After Failure Of Appointment By Mutual Consent Violates SC's Order: Delhi High Court
The Delhi High Court bench of Justice Jyoti Singh has held that the clause in question indeed contemplates the appointment of an Arbitrator by mutual consent; however, in the event of failure, it vests the power of appointing a Sole Arbitrator with the Managing Director of Respondent No. 1. It further held that the Company acting through its Managing Director will have interest...
Recourse To External Correspondences To Interpret Clause Despite Clear & Unambiguous Terms Amounts To 'Patent Illegality': Delhi High Court
The Delhi High Court bench comprising Justice Vibhu Bakhru and Justice Tejas Karia has held that when the language of the contract is plain, clear and unambiguous, recourse to internal aids of interpretation or extraneous materials such as negotiations and correspondence is impermissible. “Ignoring an explicit clause of the contract or acting contrary to the terms of the contract...
Delhi High Court Calls For Finalized Plan On Construction Of Foot-Over Bridge For Rajputana Rifles Soldiers Compelled To Pass Through Drain
The Delhi High Court on Wednesday called for a fianlized plan from the city authorities on the construction of a foot-over bridge for soldiers of the Rajputana Rifles who have to pass through a filthy drain every morning while marching out of their barracks for heading towards the parade ground.A division bench comprising Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora...
Kerala High Court Orders Conditional Arrest Of Another Sister Ship Of MSC Elsa 3 Over Claims Of Lost Cargo
The Kerala High Court on Wednesday (18th June) has ordered the conditional arrest of MV MSC Polo II, the sister ship of MV Elsa 3, over a claim raised by the company, Sans Cashew India Private Limited. The company has made a claim of Rs. 74 Lakh over the cargo lost in MSC Elsa 3. Justice M. A. Abdul Hakhim added that the arrest will only be made if it is anchored within the...
Dishonour Of Cheque Due To Subsequent Freezing Of Drawer's Bank Account Can't Lead To Prosecution U/S 138 NI Act: Delhi High Court
The Delhi High Court recently granted relief to an entity being prosecuted under Section 138 of the Negotiable Instruments Act 1881, for dishonor of a cheque issued by it— due to subsequent freezing of its bank account.Justice Ravinder Dudeja observed that under Section 138 of the NI Act, an offence is committed when a cheque is returned unpaid due to insufficient funds in the...
Rajasthan High Court Upholds 25% Domicile Reservation In National Law University Jodhpur
The Rajasthan High Court upheld the constitutional validity of 25% domicile-based reservation at National Law University, Jodhpur (“NLUJ”), ruling that such reservation did not violate Article 14 since the classification was reasonable, non-arbitrary and maintained a rational nexus with the object of advancing regional educational development.The division bench of Dr. Justice Pushpendra...
'Judiciary Has Strong Sense Of Justice': Calcutta HC Awards ₹25 Lakh Compensation Over Land Acquired By Eastern Coalfields Ltd After 30 Yrs
The Calcutta High Court bench comprising Justice Tapabrata Chakraborty and Justice Reetobroto Kumar Mitra observed that the judiciary upholds social justice and fairness, guided by the principle that equity treats as done what ought to have been done. In complex cases involving competing rights, courts may need to innovate—within the bounds of equity and good conscience—to find a just...
Bank Slip Without Cheque Date, Number & Amount Not Evidence Under S.146 NI Act For Dishonour : Kerala High Court
The Kerala High Court has held that for the presumption under Section 146 of the Negotiable Instruments Act, 1881 to apply, a bank's slip must mention the cheque number, date, and amount relating to the dishonoured cheque. If these essential details are missing, the memo cannot serve as prima facie evidence of dishonour.Justice A. Badharudeen made the observation while setting aside an...
Kerala High Court Restrains Use Of Toilets At Private Petroleum Outlets As Public Toilets
The Kerala High Court has passed an interim order that toilets in private petroleum retail outlets should not be converted into public toilets.Justice CS Dias passed the interim order in a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petroleum retailers challenging the attempts made by the State Government and the local self-government...
No Pending Criminal Proceedings Under S.6(2)(f) Passport Act If There's No Final Report Or Court Cognizance : Kerala High Court
The Kerala High Court has clarified that mere registration of a crime or pendency of investigation, without filing of a final report or taking of cognizance by a court, does not amount to “criminal proceedings pending” under Section 6(2)(f) of the Passport Act, 1967.Justice A. Badharudeen made this observation while considering a petition that sought to renew the petitioner's passport...
Calcutta High Court Commutes Death Sentence Of Man Convicted For Rape & Murder Of 2.5 Year Old Girl Child
The Calcutta High Court has commuted the death sentence of one Suresh Paswan, who was charged with rape and murder of a two and a half year old girl child who was sleeping under a flyover around Kolkata's Khidderporearea with her family.Justices Debangsu Basak and Shabbar Rashidi held: "The circumstances of the case do not suggest that the offence committed was preplanned or was an outcome of...
Writ Petitioner Cannot File Writ Appeal Against Interim Order Granted To Him: Kerala High Court
The Kerala High Court has observed that a writ appeal is not maintainable under Section 5(i) of the Kerala High Court Act, 1958, when the Court has already granted the interim relief sought by the petitioner. In such a situation, the petitioner cannot claim to be an aggrieved party to file an appeal.The Division Bench of Justice Anil K. Narendran and Justice P.V. Balakrishnan was considering...