S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC

The Telangana High Court has held that the 2015 amendment to the Arbitration and Conciliation Act grants a bouquet of protections to a party during the course of arbitral proceedings. It clarified that section 9 (3) restricts a party from seeking interim protection before a Court, once a tribunal has been constituted. After the amendment, once the Tribunal has been constituted, the parties...

Projects Of National Importance Can't Be Halted Due To Delay In Settling Award For Land-Losers: Punjab & Haryana High Court In NHAI's Plea

Observing that project of national importance should not be halted due to lackadaisical approach of authorities, the Punjab and Haryana High Court has directed the Punjab government to ensure the encumbrance-free possession of land for national highway projects, including the Delhi-Katra Expressway.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "this Court is required to be...

'Union Cannot Be Permitted Free Play': Himachal Pradesh High Court Dismisses Centre's Plea Challenging AFT Order Citing 2 Yrs Delay

The Himachal Pradesh High Court has dismissed a batch of pleas filed by the Centre Government challenging the order of the Armed Forces Tribunal (AFT) on the ground of delay, observing that the Union of India cannot be permitted free play, to challenge the orders at its own whims and fancies after a period of over two years.Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma said,...

Legal Profession Appears To Be Settled Career But Success Here No Cakewalk: Justice Anoop Kumar Mendiratta Bids Farewell To Delhi HC

Justice Anoop Kumar Mendiratta on Wednesday bid farewell to the Delhi High Court, saying that legal profession seems to be a settled career without much toil but success in the field is not a cakewalk.Reminiscing his early life in the profession, the judge said that his foray into the legal profession happened as a backup for his “failed attempt” to become a medico doctor.“Law...

Magistrate Report Not 'Material' To Book Cops For Alleged Fake Encounter In Badlapur, Will Decide After CID Probe: State To Bombay HC

On whether it will register an FIR based on the "findings" of an Enquiry Magistrate, who concluded that the five policemen killed the accused of the Badlapur Sexual Assault case in a "fake encounter", the Maharashtra government today told the Bombay High Court that it cannot say the report constituted "material" to comply with the mandate in the Lalita Kumari judgment (to lodge FIR).The...

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable.For context, Section 397(2) CrPC imposes a bar on the revisional...

Non-Devotional Songs Should Not Be Played Inside Temple Precincts : Madras High Court In Plea Against Singing Of Movie Songs

The Madras High Court has asked various Temple authorities to ensure that only devotional songs are played by the orchestra that it may engage during any temple festival. Justice D.Bharatha Chakravarthy was dealing with a petition stating that movie songs being sung inside temples is inappropriate. The court observed that orchestra arranged by the temple should ensure that only devotional...

Beneficiary Nomination Under Insurance Act Can't Override Succession Law: Karnataka HC Suggests 'Better Practices' To Follow While Enacting, Amending Law

The Karnataka High Court has held that the amended Section 39 of the Insurance Act is not intended to override the provisions of law relating to succession.In doing so the court said that a mother cannot, by virtue of being a beneficiary nominee under Section 39, claim absolute ownership over the benefits flowing from her son's insurance policy in view of the claim laid by the heirs of...

Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34(1) of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Court noted that the proceedings in the wrong court should be bona fide, with due diligence. Brief...

Party-In-Person Must File Case From Own E-Filing Account, Registry Can Object If Case Filed From Another Person's ID: Kerala High Court

The Kerala High Court has ruled that when a party in person wants to file a case, that person must be registered as an Electronic-Filer (E-Filer) under the Electronic Filing Rules for Courts (Kerala) 2021 and must file the case from their own account.Justice Bechu Kurian Thomas further said that the Registry can raise an objection if the case is filed by a party-in-person using the...

Kerala High Court Orally Observes 1998 State Law Inadequate To Curb Menace Of Ragging, Expresses Need To Formulate Rules

The Kerala High Court on Wednesday (March 5) orally observed that rules need to be framed under Kerala Prohibition of Ragging Act, 1998 to effectively tackle the menace of ragging. The High Court orally noted that the State only had a brief legislation of 9 sections to address the issue. It observed that since the passing of the legislation, UGC has come up with detailed guidelines to...

Moratorium Period Under IBC Does Not Bar Payment Of Compensation Under NI Act: J&K High Court Orders ₹4 Crore Interim Compensation

The Jammu and Kashmir High Court held that the declaration of a moratorium would not bar the complainant from filing a complaint under the NI Act. The court said that the debtor cannot take refuge under the Code to frustrate proceedings under the NI Act if he is found liable to pay compensation in the proceedings.Justice Puneet Gupta held that Section 14 of the IBC, which places a moratorium...