Unilateral Option To Terminate Arbitration Agreement Does Not Render It Illegal: Bombay High Court

The Bombay High Court Bench of Justice Somasekhar Sundaresan while disposing an application for appointment of arbitrator has observed that an arbitration clause which gives option to only one party to opt out of the arbitration agreement is not invalid per se. Such arbitration agreement can be saved by eliminating the unilateral option or by making such right...

'No Disclosure Of Criminal Antecedents': Delhi High Court Quashes IRCTC's Grant Of Tender On Catering Services To Highest Bidder

The Delhi High Court has quashed a tender awarded to a bidder by the IRCTC for providing onboard catering services in trains for a period of five years, noting that the successful bidder did not disclose any transgression or criminal antecedents that may impinge on the anti-corruption principle.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela noted that...

No Details Of Colleges Allowing Low Attendance Students To Give Exams: Bombay HC Closes PIL On Law Students' Absenteeism In Mumbai University

The Bombay High Court on Thursday (April 24) disposed of a PIL that sought enforcement of mandatory attendance requirements among law students enrolled in various colleges affiliated with the Mumbai University.A division bench of Chief Justice Alok Aradhe and Justice MS Karnik did so after noting that the PIL petitioner did not provide any details of the colleges where students are allowed...

'Young Man, Sole Bread Winner': Punjab & Haryana High Court Reduces Sentence In Drugs Case To Time Already Undergone

Taking a lenient view on the conviction in an NDPS case, the Punjab and Haryana High Court reduced the sentence of six months' imprisonment to the period already undergone by the convict.The appellant was convicted under Section 22(b) of the the NDPS Act and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000. He was allegedly found...

Invoking Act Prohibiting Transfer Of SC/ST Land For Second Time To Restore Site Already Sold & Resumed Is Illegal: Karnataka High Court

The Karnataka High Court has held if lands already restored in grantee's favour, is again sold, the grantee is then not entitled to invoke Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (PTCL) Act for the second time and seek resumption and restoration of the lands.It further said if such a procedure–of selling granted lands in contravention of...

Rajasthan HC Imposes ₹1.5 Lakh Cost On 'Motivated' PIL Against State Electricity Distributor's Joint Venture With NTPC

Rajasthan High Court imposed a cost of Rs. 1,50,000/- on a retired Chief Engineer of the Electricity Department while dismissing his PIL seeking quashing of joint venture between Rajasthan Rajya Vidyut Utpadan Nigam Ltd. and National Thermal Power Corporation Ltd. (“the JV”), opining it to be motivated by oblique motives, and a sheer abuse of process of law.It was the case of the...

Reasons For Inclusion Of Name In CBI's List Of 'Undesirable Contact Men' Prima Facie Not Exempt From RTI Act: Delhi High Court

The Delhi High Court has observed that inclusion of an individual's name in an intelligence agency's list of 'Undesirable Contact Men' and publication of the same in newspaper and official website prima facie violates 'human rights' within the meaning of Section 24(1) of the Right to Information (RTI) Act.For context, Section 24(1) of the RTI Act states that the Act will not apply to...

Amalgamated Company Can Adjust Written Down Assets Of Constituent Companies & Claim Depreciation Without Central Govt Approval: Bombay HC

The Bombay High Court stated that amalgamated company can adjust written down of assets of amalgamating companies and claim depreciation without central government's approval. The Division Bench of Chief Justice Alok Aradhe and Justice M.S. Karnik stated that “The Tribunal was not justified in law in holding that in view of insertion of Section 72A in the Income Tax Act,...

Proceedings U/S 37 A Of FEMA Can't Be Continued During Moratorium U/S 33(5) Of IBC: Calcutta High Court

The Calcutta High Court bench of Justice Jay Sengupta has held that once a liquidation order against the Corporate Debtor is passed, all proceedings including those pending at the time of such order under the Foreign Exchange Management Act, 1999 (FEMA) cannot be continued, nor can any new proceedings be initiated, in view of the bar under Section 33(5) of the Insolvency and Bankruptcy...

Rajasthan HC Grants Relief To Eligible Govt Lecturer Denied Selection Scale For Not Signing Application Form Despite Filling It Correctly

The Rajasthan High Court granted relief to a government lecturer who was denied grant of selection scale on the ground that he failed to affix his signatures on the application form that was submitted by him for the same.Justice Vinit Kumar Mathur in his order said:"Merely because, non-affixing his signatures on the application form cannot be a ground to deny benefit of grant of selection...

Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC

Bombay High Court: A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over...

Resumption Proceedings Cannot Be Invoked Over Sold Property, Would Violate Article 300A: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a property which is sold by a registered sale deed cannot be taken back by invocation of resumption proceeding, observing that the same will amount to violation of right to property under Article 300-A.Justice Sureshwar Thakur and Justice Vikas Suri said, "the instant invocation of the power of assumption, thus on any purported breach of...