Party Nominating Arbitrator In Response To Notice U/S 21 Of Arbitration Act Is Prohibited From Raising Plea Of Limitation In Petition U/S 11: Madras HC

The Madras High Court bench of Justice Abdul Quddhose has held that once a party nominates an arbitrator in response to a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), it cannot later argue in a petition under Section 11 of the Act that the claim for which the notice was issued is time-barred. Brief Facts: The petition has been...

Punjab & Haryana HC Declares Sections 3G & 3J Of National Highways Act Unconstitutional Over Discriminatory Mechanism For Compensation Of Landowners

The Punjab & Haryana High Court has declared Sections 3G and 3J of the National Highways Act as unconstitutional for being violative of Article 14. Court said that the provisions unfairly denied benefits to land losers available under the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013.Section...

Order Rejecting Jurisdictional Objections U/S 16 Of Arbitration Act Can Be Challenged U/S 34, Not Under Writ Jurisdiction: Telangana HC

The Telangana High Court bench of Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao has held that an order rejecting jurisdictional objections under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can only be challenged under section 34 of the Arbitration Act after an award is passed, and no writ petition against such an order can...

Asaram Moves Gujarat High Court Seeking Temporary Bail For 6 Months In Rape Case, Verdict Reserved

The Gujarat High Court on Tuesday (March 25) reserved its verdict in a plea moved by Asaram– convicted in a 2013 rape case by a sessions court in 2023 and serving a life sentence– seeking temporary bail for six months. Notably, the Supreme Court had in January this year granted interim bail till March 31 to Asaram on medical grounds. After hearing the arguments of all parties, a...

Execution Of Gift Deed After Arbitral Award Was Passed Indicates Attempt To Frustrate Rights Of Decree Holder, Not Bona Fide Conduct: Delhi HC

The Delhi High Court bench of Justice Manoj Jain has held that the execution of the Gift Deed by the petitioner after an arbitral award is passed suggests an attempt to frustrate the rights of the decree-holder. Also, the court held that the manner in which the Gift Deed has been executed by the parents clearly suggests that the sole objective was to somehow thwart and defeat the...

Certificate U/S 65B Evidence Act Mandatory To Admit Electronic Evidence, Expert's Report U/S 293 CrPC Not Its Substitute: Kerala High Court

The Kerala High Court has held that the report of a government expert obtained under Section 293 of the CrPC cannot be considered as a formal substitute for a certificate under Section 65B of the Evidence Act which is used to prove the validity of electronic evidence. The Court stated that expert report under Section 293 of CrPC only analyses the evidence and that does not automatically makes...

Policy Decision Restricting Pension Benefits To Employees Retiring After Particular Cut-Off Period Not Illegal: J&K High Court

The Jammu and Kashmir High Court held that The employer is well within its rights to validly fix a cut-off date for introducing any new pension scheme or for discontinuing an existing scheme and same is not violative of Article 14.A bench of Justice Sanjeev Kumar & Justice Puneet Gupta said that government took a policy decision to introduce new pension scheme wherein the benefits was...

Allahabad HC Comes To Aid Of Male Acid Attack Survivor, Asks State Authorities To Show Due Sensitivity In Such Cases

The Allahabad High Court recently directed the District Magistrate of Hapur to promptly process and release the ex-gratia amount under the Prime Minister's National Relief Fund to a male acid attack survivor within four weeks. A bench of Justice Ashwani Kumar Mishra and Justice Arun Kumar Singh Deshwal emphasized the need for the state authorities to show due sensitivity in...

S.35(3) BNSS | 'What Power Do You Have?': Kerala HC Orally Reprimands Sub-Inspector For Summoning Accused's Lawyer For Questioning In Probe

The Kerala High Court on Tuesday (March 25) orally reprimanded a Sub-Inspector of Police for issuing a notice under Section 35(3) of the BNSS to the lawyer of the accused, summoning him for investigation involving the latter's clients. Section 35(3) states that the police officer shall, in all cases where the arrest of a person is not required under Section 35(1), issue a notice directing...

Arbitrator's Decision To Postpone Issue Of Partnership Firm's Dissolution To Stage Of Final Hearing Not Perverse: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that the decision of the Arbitrator to postpone the issue of determining the date of dissolution of the partnership firm to the stage of final hearing cannot be considered perverse for the purpose of section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), as it requires evidence to...

High Court Seeks Explanation From State Over Delay In Lodging FIR Against Punjab Police Personnel For Allegedly Assaulting Army Officer

The Punjab and Haryana High Court has sought an explanation from the Punjab Government for delay in registration of FIR against Punjab Police officials allegedly involved in assault of an Army Officer.Observing that "serious allegations" have been levelled against senior officials of the agency, Justice Sandeep Moudgil issued notice to the State and CBI and sought a comprehensive status...

Karnataka HC Issues Notice On Plea Challenging BCI's Nomination Of State Bar Body's Chairman Despite Commencement Of Election Process

The Karnataka High Court has issued notice on a plea by a member of the state bar council challenging a Bar Council of India (BCI) notification nominating Mittalakod Shiddalingappa Shekharappa as the state bar body's Chairman, when process of election was already under progress. The petition filed by K Koteshwara Rao seeks to quash BCI's notification, terming it to be illegal and ultra vires....