S.12(5) Of A&C Act Provides For Agreement In Writing, Novation Can't Be Allowed Only Because Of Appointment Of Arbitrator At First Instance: Patna HC

The Patna High Court Bench of Chief Justice K. Vinod Chandran has held that the proviso to Section 12(5) specifically provided for a waiver by an express agreement in writing. When the statute provides for an express agreement in writing there can be no novation of the agreement found, by reason only of the appointment of an Arbitrator at the first...

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court

The Karnataka High Court recently upheld an order of the single judge which dismissed a petition filed by the original grantee of a land who had sought restoration of land to themselves, 12 years after it was first transferred to private persons. A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed an appeal filed by M Manjula and others who are heirs of one...

Jharkhand High Court Rejects Intervenor's Plea To Join Property Dispute, Reiterates Agreement To Sell Confers Only Preferential Right, Not Ownership Title

In a recent ruling, the Jharkhand High Court has reiterated that an agreement to sell does not confer any titles or ownership rights in a property, rather, it only confers preferential rights to the person in the favor of whom the agreement is executed.Justice Subhash Chand, presiding over the case, emphasized, “it is the settled law that agreement to sell does not confer any title, it...

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.The allegation against the two judicial officers (petitioners) was that, during their time in the Judicial Academy, they had gotten into a tussle with...

Remedy Under A&C Act Is In Addition To Remedies Under Special Statutes, But Once Elected Other Remedies Are Barred For Same Dispute: Calcutta HC

The Calcutta High Court bench comprising Justice Krishna Rao has observed that the remedy available under the Arbitration and Conciliation Act, 1996 is in addition to the remedies available under other special statutes and the availability of alternative remedies is not a bar to the entertaining of a petition under the Arbitration and Conciliation Act, 1996. But once elected, then...

[Custodial Death] Madhya Pradesh HC Directs Shifting Of Eye-Witness To Gwalior Central Jail After Allegations Of Harassment By Police

While hearing a case claiming police brutality inside jail premises, the Gwalior bench of the Madhya Pradesh High Court directed the shifting of a man to another jail, who is stated to be the "eye witness" to the alleged custodial death of another person, during the pendency of his case.A single-judge bench of Justice Milind Ramesh Phadke in his order observed, “Looking to the...

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable.Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight in the argument advanced...

Pravindra Singh Chauhan Appointed As Advocate General Of Haryana

The Haryana Government today (December 23) appointed Pravindra Singh Chauhan, as Advocate General of Haryana.In a notification issued by the Haryana Government on Monday, it was stated that "In exercise of the powers conferred by Article 165(1) of the Constitution of India, the Governor of Haryana is pleased to appoint Sh. Pravindra Singh Chauhan, Senior Additional Advocate General, Haryana...

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court

The Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty.A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held:"The term “quarrel”, by its very definition, involves two parties....

Telangana High Court Grants Anticipatory Bail To Six Persons Accused Of Attacking District Collector

The Telangana High Court granted anticipatory bail to six persons–including a woman, accused of carrying out an attack on a District Collector in Lagcherla Village last month allegedly during a public hearing regarding the setting up of the proposed Pharma company in the village.It was alleged that when the District Collector and other officers reached the village, various persons including...

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act. Brief Facts The present petition has been filed under section 34 of the Arbitration Act against an award passed by the Arbitrator by which the claimant has been has been held entitled...

Delhi High Court Denies Anticipatory Bail To Former IAS Puja Khedkar

The Delhi High Court on Monday dismissed the anticipatory bail plea filed by former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.Justice Chandra Dhari Singh denied anticipatory bail to Khedkar observing that prima facie, a strong case is made...