Appointment Of Arbitrator Not Unilateral If Consent Of Non-Signatory Not Taken: Delhi High Court

The Delhi High Court has held that the consent of a non-signatory to arbitral proceedings is not required for the appointment of the arbitrator. The bench of Justice C. Hari Shankar, while hearing a Section 14 petition challenging the tribunal's jurisdiction, has held that the appointment of an arbitrator without the consent of a non-signatory would not be an unilateral...

Negotiable Instruments Proceeding Under Section 138 Does Not Abate On Initiation Of Insolvency Proceeding: Himachal Pradesh High Court

In a significant judgement delivered by the Himachal Pradesh High Court, the personal liability of the accused under the Negotiable Instruments Act was upheld in spite of the insolvency proceedings initiated under the Insolvency and Bankruptcy Code (IBC). Brief Facts Tushar Sharma (accused) and his wife Smt. Shaveta Sharma applied for a house loan to the tune of Rs. 2 crores which...

No Reopening Is Permitted U/s 148 On Issues Which Were Answered In Favour Of Taxpayer During Course Of Revision U/s 263: Delhi HC

The Delhi High Court held that once the PCIT in the revisionary proceeding u/s 263, had decided in favour of assessee after having considered its reply, then AO had no authority to reassess and reopen the assessment u/s 148. The High Court held so, after finding that the reasons for issuing notice u/s 148A(b) were exactly similar to the reasons on which the PCIT had invoked Section...

Section 14 Of Limitation Act Applicable To Proceedings Under Section 34 Of Arbitration Act: Bombay High Court Reiterates

The Bombay High Court has held that Section 14 of the Limitation Act, which excludes time consumed in a proceeding initiated before a Court not having the jurisdiction, applies to proceedings under Section 34 of the Arbitration Act. The bench of Justice R.I. Chagla excluded 272 days spent in prosecuting a recall application of the arbitral award before the MSME Council. The court...

Madras HC Orders CBI Probe Into Sexual Abuse Of Minor After Her Parents Allegedly Beaten Up By Police, Audio Clip Of Victim's Statement Leaked

The Madras High Court has ordered the Central Bureau of Investigation to take up the investigation of a case relating to the sexual assault of a minor girl in Anna Nagar in Chennai. Justice SM Subramaniam and Justice V Sivagnanam asked the CBI to take over the case as the court was not satisfied with the manner in which the investigation was being carried out by the State police. The...

90-Day Timeline In Section 18(5) Of MSME Act Is Directory : Calcutta High Court

The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that the 90-day timeline for completion of the arbitral proceeding under Section 18(5) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) is directory, not mandatory, and does not terminate or affect the validity of mandate of the MSME Facilitation Council as Arbitrator....

[S. 3(3) Of Interest Act, 1978] Interest Is Payable Only On Principal Sum Not On Interest Awarded By Court: Allahabad High Court

The Allahabad High Court has held that under Section 3(3) of The Interest Act, 1978 interest cannot be imposed on interest award, it is only payable on the principal sum.Advocate Bal Mukund, respondent no. 3, applied for registration in MIG 45/75 type house under Dev Prayagam Scheme of U.P. Awas Evam Vikas Parishad, Allahabad. Rs. 20,000 was deposited as registration amount. Thereafter, he...

Karnataka High Court Monthly Digest: September 2024

Citation No: 2024 LiveLaw (Kar) 388 to 2024 LiveLaw (Kar) 420Nominal Index:State By Mahadevapura Police Station AND Padmavathamma C. 2024 LiveLaw (Kar) 388Santhosh K S AND Dilip Kumar H & Others. 2024 LiveLaw (Kar) 389Deepa Darshan H P & ANR AND Police Inspector & ANR . 2024 LiveLaw (Kar) 390R Gopal Reddy AND Mohammed Mukaram. 2024 LiveLaw (Kar) 391Abdul Rehman & Others AND...

Court Can Assess Materials From Social Media Produced By Husband To Prove Wife's Adultery & Resist Interim Maintenance: Punjab & Haryana HC

The Punjab and Haryana High Court had said that husband can raise plea of adultery to resist the interim-maintenance proceedings instituted by the wife and evidence from social media can be considered by the Court at that stage.Justice Sumeet Goel said, "The husband is entitled to raise the plea of adultery by the wife; in proceedings pertaining to adjudication of interim maintenance and...

Kerala HC Orally Warns Of Strict Action Against Secretaries Of Local Self Govt Institutions For Inaction On 'Unauthorized Boards/ Hoardings'

The Kerala High Court on Tuesday (October 1) orally said that it would take strict action, including contempt of court against Secretaries of every Local Self Government institution for not taking action for the removal of unauthorized boards, banners and hoardings in public places.While hearing a 2018 plea concerning unauthorized hoardings, a single judge bench of Justice Devan...

Psychiatrist Help To Drug Addicts Will Reduce Trafficking, Punjab & Haryana HC Directs States To Appoint Psychiatrists At De-Addiction Centres

The Punjab & Haryana High Court has said in order to ensure the well being of drug addicts, the Chief Secretaries of Punjab and Haryana, and advisor to UT Chandigarh must forthwith appoint psychiatrists at all the de-addiction centres on a regular basis.Justice Sureshwar Thakur and Justice Sudeepti Sharma opined that, "purveying of psychiatric medicine to drug addicts would ultimately...

Potholes On Roads: Kerala High Court Warns Of Action Against Municipal Secretaries, District Collectors If Repairs Aren't Made

While hearing a 2019 plea concerning potholes on roads, the Kerala High Court on Tuesday (October 1) warned of strict action against Municipal Corporation Secretaries and District Collectors if they fail to repair and eliminate potholes on the road, emphasizing the need to protect the lives of citizens and prevent road accidents.A single judge bench of Justice Devan Ramachandran noted that...