Arbitrator Cannot Be Appointed Unless Arbitration Clause Is Invoked With Proper Notice U/S 21 Of A&C Act: Telangana High Court

The Telangana High Court bench of Acting Chief Justice Sujoy Paul has held that unless a proper notice under Section 21 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), suggesting the name of the proposed arbitrator, is sent to the other party, the court cannot exercise its jurisdiction under Section 11(6) of the Arbitration Act. Merely demanding outstanding payment...

Jharkhand HC Rejects State's Plea Against Quashing Of Executive Order Barring Society From Registering Land Despite Final Decree, Fines ₹50K

The Jharkhand High Court dismissed state government's appeal against a single judge's decision which had quashed an executive order restricting a cooperative society from registering a land despite a civil court decree in the latter's favour which had attained finality. In doing so the court said that the civil court decree will not be set aside merely because the State claims that there was...

Corroborative Evidence Required To Substantiate Convictions Based On Last Seen Theory: Chhattisgarh High Court Reverses Rape-Murder Conviction

The Chhattisgarh High Court has reiterated that the conviction of an accused cannot be recorded solely on the basis that he was last seen with the deceased and while basing the conviction on the last seen theory, it is safer for the Court to look for corroboration from other circumstances and evidence adduced by the prosecution.A Division Bench of the High Court comprising Justice Rajani...

Gujarat HC Seeks State's Response On Plea Seeking Permission To Hold 'Peaceful Protest' Against Waqf Amendment, UCC

The Gujarat High Court on Friday (April 11) asked the State to get instructions on a plea challenging a decision by Palanpur's Sub-Divisional Magistrate refusing permission to the Convenor of a Muslim body to hold "peaceful protest" against the Waqf Amendment Bill–which came into effect as law on April 8, and the Uniform Civil Code.When the matter was taken up on April 21, after some...

Gauhati High Court Issues Contempt Notice To GHCBA President For Failure To Act Against Lawyers Who Made Remarks Against Judge

The Gauhati High Court has issued contempt notices to various lawyers, including the president of the Gauhati High Court Bar Association (GHCBA), on the plea moved by the Advocate General. The GHCBA president was issued notice for failing to act against lawyers who had made negative remarks against a sitting judge of the High Court regarding the relocation of the HC premises.A division bench...

Contraband Recovered Individually From Accused Persons Travelling Together Has To Be Considered Separately At Stage Of Bail: J&K High Court

The Jammu and Kashmir High Court held that contraband recovered from accused persons individually, even when they are travelling together, has to be considered separately for each accused for the purpose for the bail.It was the case of the prosecution that both of the accused persons, who were carrying the banned contraband had acted under common intention to commit the offence and the...

Jharkhand State Universities Act | Prior JPSC Approval Must To Initiate Disciplinary Action Against Teacher: High Court

The Jharkhand High Court has held that under the first proviso to Section 57A(1) of the Jharkhand State Universities Act, 2000, the governing body of a minority-affiliated college must obtain prior approval from the Jharkhand Public Service Commission (JPSC) before initiating disciplinary proceedings against a teacher. It ruled that disciplinary proceedings carried out without such approval...

Delhi High Court Quarterly Digest: January To March, 2025 [Citations 1 - 396]

Citations 2025 LiveLaw (Del) 1 to 2025 LiveLaw (Del) 396NOMINAL INDEXABC v. UNION OF INDIA AND ORS 2025 LiveLaw (Del) 1SMITA KUMARI RAJGARHIA v. GOVT. OF NCT OF DELHI 2025 LiveLaw (Del) 2RAHUL MISHRA & ANR. v. JOHN DOE & ANR 2025 LiveLaw (Del) 3Sumit Bharana v. UoI 2025 LiveLaw (Del) 4M/S G.S Industries v. Commissioner Of Central Tax And Gst, Delhi (West) 2025 LiveLaw (Del) 5The...

Plant 21 Trees: Rajasthan High Court Imposes Condition On Workman Who Failed To Timely Adduce Evidence In Industrial Dispute

Rajasthan High Court imposed the condition of planting 21 share trees on a workman for allowing his petition seeking another opportunity to adduce evidence in his industrial dispute. His claim was rejected by the Labour Court earlier when he failed to lead evidence on the stipulated date.The bench of Justice Anoop Kumar Dhand said, “Planting trees as directed above, is one such initiative...

Kerala High Court Strikes Down GST Act Provision Which Levied Tax On Supplies By Clubs/Associations To Members

In a significant judgment, the Kerala High Court has struck down the provisions of the Central Goods and Services Tax Act, 2017, which allowed the levy of GST on supply by clubs and associations to its members.As per the 2021 amendment made to the CGST Act, the definition of "supply" was amended to include within its fold "activities or transactions, by a person, other than an individual, to...

RERA Registry Has No Power To Decide Maintainability Of Complaint, Only Tribunal Members Can Adjudicate: Karnataka High Court

The Karnataka High Court has said that maintainability of a complaint cannot be decided by the Registry of Karnataka Real Estate Regulatory Authority, (KRERA) it can only be decided by the Authority and the members of RERA.The court said thus while allowing a petition filed by one Amit Garg who had approached the court calling in question an order communicated by way of electronic mail...

Daughter Not Suffering From Any Physical Or Mental Abnormality Cannot Claim Maintenance From Father: J&K High Court

The Jammu and Kashmir High Court unburdened the liability fastened upon a father by virtue of a maintenance order passed under section 488 of the erstwhile Jammu and Kashmir CrPC Act by the trial magistrate ordering him to pay maintenance to his major able-bodied daughters six years ago.The court held that two unmarried major daughters who were able-bodied and did not suffer from any physical...