When There Is Ambiguity In Arbitration Agreement, Business Efficacy Test Can Applied To Discern Intent Of Parties To Arbitrate: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that when there is an ambiguity in the agreement with respect to arbitration related provisions, the business efficacy test can be applied to discern true intent of the parties to arbitrate. Brief Facts: The present petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996...

Gujarat HC Reserves Verdict In Journalist Mahesh Langa's Plea For Quashing FIR Alleging Theft Of 'Confidential' Govt Documents

The Gujarat High Court on Thursday (February 13) reserved its verdict in plea moved by journalist Mahesh Langa seeking quashing of an FIR registered against him by Gandhinagar Police for alleged corruption, criminal conspiracy and theft where he is accused of obtaining "highly confidential government documents".After hearing arguments of the parties Justice Divyesh A Joshi said, “Heard...

Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC

The Gauhati High Court recently allowed an application seeking condonation of a 21-day delay in filing an appeal against a family court's order, after noting that this 21-day delay which was already beyond the prescribed 30-day limitation period as prescribed under the family court's act may not classify as “barred by limitation”. A division bench comprising Justice Sanjay Kumar Medhi...

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The accused was the step-grandfather of the victim and she was relying on him for her livelihood.The victim's mother died from cancer 8 years ago. Her father had abandoned her in her childhood hence, she was residing with her grandmother and step-grandfather.The...

Transfer Pricing | Resolution Under Mutual Agreement Procedure Is By Consensus, Cannot Be Imposed Upon Assessee: Delhi HC

The Delhi High Court has made it clear that a dispute with respect to arm's length price in a transfer pricing can be resolved under Mutual Agreement Procedure (MAP) only by consent and negotiations between contracting parties.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed that such a resolution cannot be imposed in a contested case, where there is no...

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that merely because the wife is in love with someone else is not enough to prove adultery on her part to deny her maintenance. The Court categorically held that for sexual intercourse is necessary for adultery.“From Section 144(5) of the BNSS/125(4) of the Cr.P.C. it is clear that only if the wife is proved to be living in adultery, then the...

Roorkee Clash | 'Politics Should Be Pure; Don't Make Mockery Of System': High Court Raps State Over Security Cover To MLA, BJP Leader

In the ongoing hearing of the suo motu case concerning the violent Roorkee clash of January 26, the Uttarakhand High Court today made a series of stern oral remarks as it called into question the actions of the state government regarding the security and government accommodations provided to the two politicians involved in the Violent clash.Justice Rakesh Thapliyal rapped the state government...

Karnataka High Court Issues Procedure For Change Of Name In Birth Register Till Legislature Brings Appropriate Law

The Karnataka High Court has suggested to Legislature to consider amending Registration of Births and Deaths Act, 1969, permitting change of name in the birth register after it has been entered.A single judge, Justice N S Sanjay Gowda said “It is common practice in our country that a person decides to give himself a new name or that a parent decides to change the name though he...

Punjab & Haryana High Court Upholds ₹50K Cost On Bank For 17 Years Of Silence On Retired Employee's Plea Seeking Release Of Gratuity

The Punjab & Haryana High Court upheld cost of Rs.50,000 imposed on Punjab & Sind Bank over failure to file reply for 17 years in a plea filed by a retired employee seeking release of gratuity.The bank had moved an appeal against the order of a single judge who had expressed "shock" to find that the plea was pending since 2005 because the bank failed to file reply for 17...

Delhi High Court Upholds Arbitral Award Against IRCTC In Dispute Over Reimbursement For Catering Services, Sets Aside Interest As 'Patently Illegal'

The Delhi High Court bench comprising Justice Navin Chawla and Justice Shalinder Kaur has reiterated the limited scope of interference under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (“A&C Act”). The court upheld the arbitral award granted in favour of M/s Brandavan Food Products Ltd. (“Claimant”) in a dispute regarding the reimbursement of...

Gauhati High Court Asks Principal Secretary, DGP About Steps Taken To Stop Illegal Coal Mining In Assam Forest

The Gauhati High Court recently asked Assam's Principal Secretary (Home and Political), Assam and the Director General of Police (DGP) about the steps taken to stop illegal coal mining activities in the concerned forest areas where it has been alleged to take place. The court in its order directed the personal appearance of the officers after noting that an affidavit on the issue had not...

Inform On Further Steps Taken To Stop 'Illegal Use' Of Banned Proton Mail: Karnataka High Court To Centre

The Karnataka High Court on Thursday directed the Union Government to inform by March 3, further steps taken to ensure stopping of illegal use of 'Proton Mail', which is banned in India. Justice R Devdas said “ASG (Additional Solicitor General) who is present in the court is requested to go through all this information and secure instruction as to whether any further steps have...