Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their disputes through the mode...

Person Convicted For Rape-Murder Found To Be Juvenile : Supreme Court Sets Aside Death Sentence, Sustains Conviction

The Supreme Court on Friday set aside the death sentence imposed on a convict for the rape and murder of a minor girl after he was found to be a juvenile at the time of the offence.The convict had approached the Top Court after the Madhya Pradesh High Court confirmed the death sentence awarded by the trial court. While the appeal was pending in the Supreme Court, he filed an application...

TDS Not Deposited By Employer, Can’t Be Adjusted Against Future Refund Due To Assessee: Delhi High Court

The Delhi High Court has ruled that the revenue department cannot adjust the withheld tax (TDS) which has not been deposited by the deductor (employer) in the Central Government Account, against the refund due and payable to the deductee/assessee. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju held that adjustment of demand against future refund amounts to an...

Was Indian Express Justified In Deducting Employees’ Salaries During COVID-19 Pandemic? Allahabad High Court Says Labour Court To Decide

The Allahabad High Court has directed the Prescribed Authority under The Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955, to refer the dispute, pertaining to deduction of salaries of the Indian Express employees during the COVID-19 pandemic, to the Labour Court.Various employers including the newspapers had deducted the salaries...

Child Entitled To Get Admission In DoE-Allotted School If EWS/DG Category Established: Delhi High Court

The Delhi High Court has observed that a child is entitled to get admission in the school allotted by Directorate of Education (DoE) on the reserved seats under RTE Act after it is established that he or she belongs to the economically weaker section (EWS) or disadvantaged group (DG) category.Justice Mini Pushkarna said that denying admission to any child under DG or EWS category after...

Award Passed By Unilaterally Appointed Arbitrator Is Void; Himachal Pradesh High Court

The Himachal Pradesh High Court has held that arbitral proceedings conducted by a unilaterally appointed arbitrator are void ab initio and the consequent award is non-est. The bench of Justice Jyotsana Rewal Dua held that an arbitration award passed by a unilaterally appointed sole arbitrator is not enforceable under Section 36 of the A&C Act. The Court further held that...

Spotlight On Recent Appointments To Supreme Court - Justice Sanjay Karol

A general criticism of the Indian Courts has been that very little is known to the public about the judges being recommended by respective Collegium before their appointment, on merit and suitability. A designated Secretariat ideally should do the job, unfortunately we don’t have such a mechanism. Livelaw has taken an initiative to share relevant information about the appointees and we...

CESTAT Allows Interest On Refunded Amount Deposited During Investigation

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed interest on the amount refunded, which was deposited during the investigation.The bench of Anil Choudhary (Judicial Member) has observed that interest on refund of amounts deposited during an investigation or deposited during the pendency of an appeal is allowable under Section 35EE of the Act and...

Supreme Court Weekly Digest With Nominal And. Subject/Statute Wise Index [February 20 – 28, 2023]

SUBJECT WISE INDEXCCTVComply with directions to install CCTVs in police stations: Supreme Court gives warning to Centre, States. Paramvir Singh Saini v. Baljit Singh, 2023 LiveLaw (SC) 134ChequeCheque cases can be transferred from one state to another invoking Section 406 Cr.P.C. Yogesh Upadhyay v. Atlanta Ltd., 2023 LiveLaw (SC) 125Civil LawSection 24 CPC power can be invoked by the common...

Mere Breach Of Contract Can't Be Basis For Criminal Case For Cheating : Supreme Court

The Supreme Court observed that a mere allegation of failure to keep up promise will not be enough to initiate criminal proceedings.A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, the bench of Justices Abhay S Oka and Rajesh Bindal said.The bench added that the criminal...

Advocate Gunratan Sadavarte Approaches Bombay High Court After Bar Council Initiates Disciplinary Proceedings For 'Malicious' Statements In Media

Advocate Gunratan Sadavarte, accused of orchestrating the attack outside NCP leader Sharad Pawar’s home last year, has approached the Bombay High Court against the disciplinary proceedings initiated against him by the State Bar Council. The list of alleged misdemeanours includes “malicious” and “obnoxious” statements to the media during the Maratha Reservation and...

Special Bench At NCLT Kochi & Cuttack; Matters To Be Heard Through VC

The National Company Law Tribunal (“NCLT”) has constituted Special Bench for NCLT Cuttack and NCLT Kochi, vide a Circular dated 01.02.2023 issued by NCLT. Shri P. Mohan Raj (Judicial Member) is on leave from 02.03.2023 to 07.03.2023. Therefore, a Special Bench is being constituted to take up the matters listed before Shri P. Mohan Raj (Judicial Member) and Shri Satya...