All High Courts
Period Of Bonafide Negotiations May Be Excluded For Computing Period Of Limitation For Reference: Delhi High Court
The Delhi High Court bench of Justice Neena Bansal Krishna held the period during which the parties were bona fide negotiating towards an amicable settlement may be excluded for the purpose of computing the period of limitation for reference to Arbitration under the Arbitration and Conciliation Act, 1996.The bench held that in such cases, the entire negotiation history between the parties must...
No Embargo On Commercial Tax Dept. From Summoning To Furnish Records Even If Assessment Is Completed: Madras High Court
The Madras High Court has held that merely because the assessment is deemed to have been completed in both cases, it does not mean that the officers are precluded from exercising the power under Section 25 or Section 27 of the TNVAT Act, 2006.“I see no embargo on the respondent Commercial Tax Department from summoning the respective petitioners to furnish the records. In fact, the...
[Dying Declaration] Section 32(1) Of The Evidence Act Is In The Nature Of Exception, Circumstances Must Be Established By Party Wishing To Avail It: Kerala HC
The Kerala High Court while considering a Criminal Appeal observed that unless the statement of a dead person would fall within the purview of Section 32(1) of the Evidence Act, it cannot be admitted in evidence. The admissibility of the statement depends on two conditions: either the statement should relate to the cause of the death or it should relate to any of the circumstances of...
Bank Can't Open LOC As An Arm Twisting Tactic To Recover Debt: Delhi High Court
The Delhi High Court has recently observed that a Bank cannot open a Lookout Circular (LOC) as an arm-twisting tactic to recover debt from an individual. “This Court is of the opinion that after resorting to all the remedies available in law, the Bank cannot open a Lookout Circular as an arm-twisting tactic to recover debt from a person who is otherwise unable to pay more so when there are...
Where Arbitration Seat Is Fixed, Only Such Court Shall Have Exclusive Jurisdiction To Entertain Application Under Section 11 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Dinesh Kumar Sharma held that where the arbitration seat is fixed, only such court shall have exclusive jurisdiction. It held that the cause of action arose at Noida, the agreement was executed at Noida, and the suit property is also situated at Noida. Therefore, the courts in Noida have jurisdiction over the appointment of an arbitrator.Brief...
'No Locus': Delhi High Court Dismisses With Cost Plea Seeking Reasons Behind SC Collegium Recommendations For High Court Judges Appointment
The Delhi High Court has dismissed a plea seeking details about the reason for recommendation for High Court judges appointment remitted by Collegium of the Supreme Court of India to the High Court Collegium.Justice Subramonium Prasad rejected the plea moved by CA Rakesh Kumar Gupta and imposed Rs. 25,000 costs on him to be deposited with the Armed Forces Battle Casualties Welfare Fund. The...
Art 226 Can't Be Invoked While Exercising Supervisory Jurisdiction Under Art 227 In Matter Of Dispute Between Private Parties: Rajasthan HC
Referring to the decision of Apex Court in the case of Radhey Shyam & Another Vs. Chhabi Nath & Others, (2015) 5 SCC 423, the Rajasthan High Court (Jaipur Bench) held that jurisdiction under Article 226 of the Constitution can't be invoked while exercising supervisory jurisdiction in the matter of dispute between the private parties. The Division Bench of Chief Justice...
Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A(4) of the Arbitration and Conciliation Act, 1996.Brief Facts:The Petitioner and the Respondent into an Agreement titled 'Subcontract for Boiler Works of Unit 1,2,3 of BARH STPP-1 (3x660 MW) Balance Work...
Termination Of Arbitrator's Mandate Doesn't Equate To Termination Of Arbitral Proceedings: Delhi High Court
The Delhi High Court bench of Justice Prathiba M. Singh held that that the termination of an arbitrator's mandate does not equate to the termination of the arbitral proceedings. Instead, it allows for the appointment of a substitute arbitrator to ensure the continuation of the proceedings.Brief Facts:The matter pertained to disputes between the Petitioner and Respondent which arose...
Notice Under Section 21 Of Arbitration Act Is Pre-Requisite For Initiation Of Proceedings Under Multi-State Cooperative Societies Act: Delhi High Court
The Delhi High Court bench of Justice Dinesh Kumar Sharma held that except power conferred to the Central Registrar under Section 84 of the Multi-State Cooperative Societies Act, 2002 for appointment of an Arbitrator, the other provisions of the Arbitration and Conciliation Act, 1996 shall remain in operation. It held that the notice as required under Section 21 of the Arbitration...
Punjab & Haryana High Court Stays Order Directing Journalist Rahul Pandita To Pay Rs 50 Lakh Compensation For Writing Allegedly Defamatory Article
The Punjab & Haryana High Court has directed a stay on the execution of a decree till the next hearing, wherein a Mohali Court had directed journalist Rahul Pandita to give Rs. 50 lakh in compensation to a CRPF officer, for allegedly writing a defamatory article in The Hindu in 2014 against him.Pandita had allegedly written an article with respect to an encounter between CPI Maoists and...
Kerala High Court Grants Interim Anticipatory Bail To Film Director Omar Lulu In Alleged Rape Case
The Kerala High Court today granted interim anticipatory bail to film director Omar Lulu in an alleged rape case.Nedumbassery Police has lodged FIR under Section 376 of the IPC based on the complaint of the defacto complainant.Justice A. Badharudeen ordered that, “Since the submission of the learned Counsel for the petitioner is a matter to be considered in the facts of the case, there is...