Pendency Of Civil Or Criminal Litigation Between Partners Cannot Estop Either Partner From Invoking Arbitration Clause: Punjab and Haryana HC

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that pendency of a civil and criminal litigation inter se partners, cannot estop one of the partners from invoking the arbitration clause or bar the reference of dispute for adjudication to an arbitrator for determination. Brief Facts: This petition has been filed under Section 11 (6) of the Arbitration Act...

Service Tax Liability Cannot Be Fastened On Implementation Of Govt Projects: Calcutta High Court

The Calcutta High Court has held that construction of canals/ pipelines/ conduits to support irrigation, water supply or for sewerage disposal, when provided to the Government, cannot be exigible to service tax. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya relied on two Circulars issued by the Central Board of Indirect Taxes and Customs...

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 (f) of the Act, the relationship of parties living together through a relationship in the “nature of marriage” would...

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute

Setting aside an order of a district court allowing introduction of a death certificate as evidence in a property dispute, the Jharkhand High Court said that a death certificate issued years after the death, based solely on an affidavit, cannot be admitted as additional evidence if it lacks evidentiary basis and is inconsistent with the pleadings. Presiding over the case Justice Subhash...

'Can't Say There Was No Double Meaning In Boby Chemmanur's Comments', Says Kerala High Court; Bail Order To Be Passed Today

The Kerala High Court on Tuesday(14th January) said that it will pass orders today on Boby Chemmanur's bail petition. The Public Prosecutor opposed the bail. He further submitted before the Court that bail if given, should be on strict conditions. Justice P. V. Kunhikrishnan said that he would record the personal undertaking of Boby's advocate that the petitioner would not make any...

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Furthermore, the court noted that a mere break down of marriage could not be treated as if the husband was...

Rajasthan High Court Monthly Digest: December 2024

Citations: 2024 LiveLaw (Raj) 378 To 2024 LiveLaw (Raj) 426NOMINAL INDEXOil and Natural Gas Corporation Limited & Anr. v Ranjan Tak & anr. 2024 LiveLaw (Raj) 378Badri Prasad v Central Bureau of Investigation and other connected petition 2024 LiveLaw (Raj) 379Bhawna Bohra v State of Rajasthan & Ors. 2024 LiveLaw (Raj) 380Shri Ishwar Prasad v the State of Rajasthan 2024 LiveLaw...

Alimony Must Be Commensurate With Status Of Spouses, Wife's Meagre Financial Requirements No Grounds To Restrict Amount: Calcutta High Court

The Calcutta High Court has held that the alimony sought for and granted to a spouse must be commensurate with the actual status and necessities of the spouses and merely because the wife had meagre financial means would not be a justification to restrict the amount granted.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:In the present case, if we go by the monthly...

'Biased Investigation, Innocent People Arrested': Dr S Muralidhar Argues For 7/11 Mumbai Train Serial Blast Convicts Before Bombay HC

While appearing on behalf of two life convicts challenging their convictions in the Mumbai 7/11 train blasts case, former Chief Justice of Orissa High Court and now Senior Advocate Dr S Muralidhar told the Bombay High Court on Monday (January 13) that the investigation in the case had been biased.The submission was made before a special bench of Justice Anil Kilor and Justice Shyam Chandak,...

Centre Appoints Justice Ashutosh Kumar As Acting Chief Justice Of Patna High Court

Today, the Central Government notified the appointment of Justice Ashutosh Kumar as the acting chief justice of the Patna High Court. This development comes soon after the Union Government notified the appointment of Chief Justice K Vinod Chandran as a judge of the Supreme Court of India."In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased...

Allahabad High Court Weekly Round-Up: January 06 To January 12, 2025

NOMINAL INDEX Salman vs. State of U.P 2025 LiveLaw (AB) 2 Ashok Pandey vs. Chairman Of Rajya Sabha Thru. Secy. General And Another 2025 LiveLaw (AB) 3 Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4 Arvind vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 5 Manish Kumar Yadav vs. State of U.P 2025 LiveLaw (AB) 6 Ram Bali Ram v. State of U.P. and Another...

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 (Cr.PC) if strong and cogent evidence against them surfaces during the trial.Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court is empowered...