Court Under S.9 Of Arbitration Act Can Grant Interim Measure To Protect Property From Being 'Wasted' While Hearing Appeal U/S 37: Delhi High Court

The Delhi High Court Bench of Chief Justice Manmohan and Mr. Justice Tushar Rao Gedela held that the court in the exercise of powers under Section 37 of the Arbitration Act, is not obligated to consider the merits or otherwise of the facts as stated by the litigants. Suffice it to state that the High Court under Section 9 of the Act is empowered to exercise jurisdiction as an interim measure...

Office Memorandum Is a Statutory Instruction, Cannot Supersede Statutory Rules: Delhi High Court Reiterates

A Division Bench of the Delhi High Court comprising Justices C. Hari Shankar and Sudhir Kumar Jain upheld the decision of the Central Administrative Tribunal reaffirming that Office Memorandum could not supersede the Statutory Rules. It observed that the Office Memorandum being a statutory instruction can supplement the Statutory Rules, however, it cannot override or supersede the...

Recognition Of Service Must Be Based On Objective Criteria, Not Extraneous Factors Like Gender: Patna HC

Patna High Court: Justice Anil Kumar Sinha ruled against the gender-based prioritization of a female Peon's service over a male employee who held a sanctioned post at a girls' school. The court found that without statutory backing, employment recognition must be based on objective criteria rather than extraneous factors like gender. Setting aside orders recognizing respondent's service, who...

Bombay High Court Grants Bail To Sachin Waze In Corruption Case Related To Anil Deshmukh

The Bombay High Court on Tuesday granted bail to dismissed controversial cop Sachin Waze, who was arrested in the 'corruption' case related to former Home Minister and senior NCP (SP) leader Anil Deshmukh.A division bench of Justices Mahesh Sonak and Jitendra Jain ordered Waze's release subject to the conditions, that will be imposed on him by the special anti-corruption court in...

'Nanad-Bhabhi' An Interesting Relation Of Our Society: Allahabad HC Quashes Extortion Complaint As Parties Settle Dispute

The Allahabad High Court recently quashed an extortion complaint filed by a woman against her brother's wife (Bhabhi), noting that the parties had come to an agreement and that no dispute remained between them. While doing so, Justice Saurabh Shyam Shamshery's bench also referred to the unique dynamics of the 'Nanad-Bhabhi' relationship in Indian society. The Court remarked that...

High Court Dismisses Plea Alleging Wards Divided Unevenly In Punjab, Says Right To Vote Not Affected If House Shifted From One Ward To Another

The Punjab & Haryana High Court has dismissed a plea challenging the Punjab Panchayat Elections proceedings which had taken place on October 15, on the ground that the wards have been divided unevenly on the basis of political considerations.A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma observed,"...members of the dwelling unit, may irrespective of house...

Assessee Entitled To Charge Depreciation On Purchase Of Goodwill: Delhi High Court

The Delhi High Court has made it clear that goodwill is not 'income' but rather 'expenditure' for acquisition of assets and therefore, an assessee is entitled to charge depreciation on the amount spent towards it.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma cited Commissioner of Income Tax, Kolkata v. Smifs Securities Ltd. (2012) whereby the Supreme Court had held...

Plaintiff's Right To Sue Accrues When They 'Actually' Perceive Threat To Their Title Over Property: Madhya Pradesh High Court

Dismissing a revision plea concerning a title suit over a motor garage, the Indore bench of the Madhya Pradesh High Court said that the defendant cannot contend that the plaintiffs' right to sue had accrued when their title was threatened, adding that period of limitation would begin when the plaintiffs actually perceive threat to their title. The court further affirmed that claim for...

Pre-Arbitral Resolution Clauses Are Directory, Not Mandatory, Especially in Cases Requiring Urgent Adjudication: Delhi High Court

The Delhi High Court Bench of Justice Sachin Datta has held that any pre-condition in an arbitration agreement obliging one of the contracting parties to either exhaust the pre-arbitral amicable resolution avenues or to take recourse to Conciliation are directory and not mandatory. Additionally, the court held that the disputes between the parties require urgent adjudication, it would...

Stamp Act Not Enacted To Arm Litigant With “Weapon Of Technicality”: Delhi High Court

The Delhi High Court bench of Justice Manoj Jain has observed that “the Stamp Act is a fiscal measure enacted to secure revenue for the State on certain classes of instruments and it has not been enacted to arm a litigant with a weapon of technicality to counter and oppose the case of its adversary.” Brief Facts: The Petitioner had sought cancellation of a sale deed executed...

No 'Absolute Prohibition' To Consider Anticipatory Bail Plea Of Accused Facing Arrest Warrant/ Proclamation U/S 82 CrPC: Allahabad HC

The Allahabad High Court has observed that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused against whom a warrant of arrest or a proclamation under Section 82 CrPC has been issued. It added that the court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice. This ruling...

High Court Denies Bail To Shahrukh Pathan In Delhi Riots Case

The Delhi High Court on Tuesday denied bail to Shahrukh Pathan, the man who pointed a gun at a policeman during the 2020 North-East Delhi riots.Justice Dinesh Kumar Sharma dismissed the regular bail plea moved by Pathan in FIR 51 of 2020 registered at Jafrabad Police Station. Detailed order is awaited. The case relates to an incident wherein he was captured pointing a gun towards a...