Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11(d) as being barred by statute.The order was passed in a commercial court appeal by a Division Bench of Justice Moushumi Bhattacharya and...

If Alleged Acts Constitute An Offence, Denying Criminal Action Solely Due To Pursuit Of Civil Remedy Would Be 'Travesty Of Justice': Kerala HC

The Kerala High Court has held that it would be travesty of justice to deny parties from approaching criminal courts to initiate proceedings against offenders solely because they had pursued a civil remedy by filing a suit, particularly when the alleged acts also constitute specific criminal offences.The single bench of Justice G. Girish observed that care must be taken to prevent...

S.29 CGST Act | SCN Must Reflect Both Reasons And Intent Of Retrospective Cancellation Of Registration: Delhi High Court

The Delhi High Court has made it clear that an order cancelling GST registration of a trader with retrospective effect will not sustain unless the show cause notice preceding such decision reflects both the reasons and the authority's intent for retrospective cancellation.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar observed, “in the absence of reasons having...

Punjab & Haryana High Court Weekly Round-Up [March 03-March 09, 2025]

Nominal Index [Citations: 2025 LiveLaw (PH) 103 - 111]Gurprabh Singh @ Prince v. State of Punjab 2025 LiveLaw (PH) 103COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS LiveLaw (PH) 104ABCD v. State of Haryana LiveLaw (PH) 105Navneet Chauhan and others v. State of Haryana and another LiveLaw (PH) 106 ARJUN SINGH AND OTHERS v. STATE OF HARYANA AND OTHERS LiveLaw (PH)...

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court

The Kerala High Court refused to accept the argument that the CBI is divested of investigative powers when it is revealed during investigation that no offences under the Prevention of Corruption Act (PC Act) were made out.Justice K. Babu observed that while the FIR should allege offences under the PC Act for the CBI to start an investigation under Section 17 of the Act, it does not stop them...

Gujarat HC Holds 4 Senior Citizen Women Guilty Of Contempt, Refrains From Sending Them To Civil Imprisonment In View Of Their Age

The Gujarat High Court has held four senior citizen women guilty of contempt of court, for entering into an agreement to sell a disputed property and creating third party rights despite a 2010 status quo order. However, noting the age of the contemnors, the court did not send them to civil imprisonment; instead it fined them with Rs 2000 each, quashed the agreement to sell the property...

Income Tax Act | Principal Commissioner Has Authority To Cancel Registration Of Assessee Without Waiting For Decision From Assessing Authority: Kerala HC

The Kerala High Court stated that principal commissioner has authority to cancel registration of assessee without waiting for decision from assessing authority. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “the provisions of Section 12AA independently empower the Principal Commissioner to consider whether or not the circumstances mentioned...

Madras High Court Orders CBCID Inquiry Against Law Firm For Alleged Involvement In Unlawful Activities In Land Transaction

The Madras High Court has directed the Crime Branch-Crime Investigation Department (CBCID) to investigate the genuineness of a law firm and its associates after noting that the lawyers had been indulging in forum shopping, misrepresenting the court, and attempting to legalise their illegal activities. “An analysis of the entire facts and circumstances of the case including the copies...

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination.Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix has...

Maha Police Ought To Have Registered FIR Against Errant Cops Based On Complaint By Badlapur 'Fake' Encounter Deceased's Parents: Amicus Tells Bombay HC

Senior Advocate Manjula Rao, who was appointed as an Amicus Curiae in the Badlapur Encounter Case, wherein the accused in the Badlapur Sexual Assault case was allegedly killed in a staged encounter, on Monday told the Bombay High Court that the State Police had no choice but to lodge a First Information Report (FIR) against the errant cops but they have not filed one yet.Rao told a division...

Punjab & Haryana HC Raps State For Biased Probe Against Cops Accused Of Taking Bribe In Drugs Case, Refers Case To NCB

The Punjab & Haryana High Court has set aside the order of punishment of forfeiture of three increments with permanent effect passed against a Haryana Police Officer for allegedly taking bribe to settle a drugs case.It was alleged that the Head constable demanded a sum of ₹20 Lakhs to settle the matter wherein 10 Kg ganja was recovered from a house. According to the complaint the matter...

Calcutta High Court Monthly Digest: February 2025

NOMINAL INDEXChaitali Roy (Mandal) v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 21ASSOCITATION FOR PROTECTION OF DEMOCRATIC RIGHTS(APDR) AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2025 LiveLaw (Cal) 22Dilip Kumar Choudhury & Ors. v. The Regional Provident Fund Commissioner, Durgapur, EPFO & Ors. Citation: 2025 LiveLaw (Cal) 23THE DIRECTOR GENERAL,...