Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. Brief Facts: After a competitive bidding process, a contract was entered into between the petitioner and the respondent. The contract required the supply of 8000...

When Doctor Who Initially Treated POCSO Victim Reported Crime To Police, Action Against Subsequent Doctor U/S 21 Is Unwarranted: Kerala HC

The Kerala High Court has held that the POCSO Act does not provide an outer limit for reporting of offences to the Police, and that the intent is to report to the Police without delay.The Court was considering whether a doctor, who treated the victim subsequently, could be held criminally liable for failing to report the commission of offences under the POCSO Act, when the information had...

Suo Moto Disallowance Made By Assessee Under Bonafide Belief Of Tax Liability Can Be Rectified U/S 264 Of Income Tax Act Without Amending ITR: Delhi HC

The Delhi High Court has held that an application for revision under Section 264 of the Income Tax Act, 1961 can be preferred by an assessee who makes suo motu disallowance in its Return of Income (RoI/ ITR), under a bonafide yet mistaken belief that the same was liable to be offered for taxation.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar added that the...

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court

In a recent judgment, the Jharkhand High Court has held that the question of land ownership cannot be unilaterally determined by the executive authorities and a person in possession cannot be summarily evicted without due process.A division bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan stated that under Article 300A of the Constitution, nobody can be deprived...

Gujarat High Court Expunges Remarks On Bar President's Conduct After He Expresses Regret Over Heated Exchange With Chief Justice

The Gujarat High Court on Monday (February 3) expunged its remarks on the conduct of High Court Advocates' Association President Brijesh Trivedi, after noting his regret over the heated exchange with Chief Justice Sunita Agarwal, during the hearing of a 2011 PIL last month. The court further took note of Trivedi's assurance that such an "occurrence will not be repeated in future". For...

Arbitral Award Can Be Set Aside As 'Patently Illegal' If View Taken By Arbitrator Is Not A Plausible One: Madras High Court

The Madras High Court bench of Justice P.B. Balaji has held that when the view taken by the Arbitrator is not even a plausible view, an award passed by such an arbitrator can be set aside under section 34 of the Arbitration act on the ground of patent illegality. Brief Facts: The petitioner awarded a contract to the respondent for the purpose of designing and constructing...

Kerala High Court Dismisses VHP's Challenge To Caste Certificate Of Hindu Woman Married To Christian Man

The Kerala High Court has dismissed a writ appeal preferred by Vishwa Hindu Pareeshath (VHP) against the grant of OBC Non-Creamy Layer certificate to a Hindu woman namely Kumari Bindhu, who married a Christian man. The certificate said that she belonged to Hindu-Nadar caste and belonged to Non-Creamy Layer.The Caste Hindu-Nadar was recorded by her while she applied for the post of Last...

Not Having Birth Certificate Due To Socio-Economic Backwardness No Ground To Deny Participation In Sport Events: Delhi High Court

The Delhi High Court has observed that not having a birth certificate evidencing age of an individual due to socio-economic backwardness is no ground to deny the opportunity to compete or participate in sport events. “This Court cannot be oblivious of the fact that on account of socio- economic backwardness, it may not have been feasible in some cases, to obtain the birth...

Motor Vehicles Act | Victim Need Not Prove Negligence Of Offending Driver To Claim Compensation U/S 163A: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that negligence of the driver of the offending vehicle need not be proved under Section 163-A of the Motor Vehicle Act, to claim compensation.As per Section 163-A, notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or...

State Must Consider Regularising Employees Who Have Completed 10 Yrs Of Service As Per SC Ruling In Uma Devi Case: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the state is duty-bound to consider the regularisation of employees who have been working for 10 years in accordance with the Supreme Court's directive in Secretary, State of Karnataka vs. Umadevi.The Court disposed of a batch of 151 pleas filed against the Haryana Government by different employees seeking regularisation of their services...

Govt Authority Must Furnish Security Before Getting Stay On Award U/S 36(3) Of A&C Act, No Special Treatment Can Be Given: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that special treatment cannot be given to the government while hearing a petition seeking stay on the enforcement of the award under section 36(3) of the Arbitration Act. Every petitioner including the government will have to furnish security or deposit the awarded amount before a stay on the enforcement of the award can...

Prisoner Cannot Be Denied Access To Minimal Facilities Required To Deal With His Physical Condition: Madras High Court

The Madras High Court recently observed that prisoners have a right to access minimal facilities that are required to deal with their physical condition and the government could not shirk its responsibility for providing better facilities to prisoners. The bench of Justice GR Swaminathan and Justice R Poornima noted that in some cases a prisoner's physical or medical condition...