Arbitration Cases Weekly Round-Up: 7th August To 13th August, 2022

Andhra Pradesh High Court: Arbitration Agreement Not A Bar For Referring Parties To Facilitation Council Under MSMED Act:Andhra Pradesh High Court Case Title: M/s. Dalapathi Constructions versus The State of Andhra Pradesh & Ors. The Andhra Pradesh High Court has ruled that a reference to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act,...

Availing Benefits Of Parents' Caste/Religion Post Conversion Made Punishable: Himachal Pradesh Assembly Passes Freedom Of Religion Amendment Bill 2022

The Himachal Pradesh Assembly on Saturday (12 August) passed the Himachal Pradesh Freedom of Religion (Amendment) Bill, 2022, which seeks to make the state's 2019 anti-conversion law more stringent. The bill, inter alia, punishes Mass Conversions, Concealing religion for marriage, taking benefits of parents' caste/religion even after conversion, etc.The bill makes it mandatory for a person...

Meat Omitted From Midday Meals To Include Fruits & Dry Fruits, Meat Already Part Of Regular Home Menu : Lakshadweep Admin To Supreme Court

The Lakshadweep administration has told the Supreme Court that meat was excluded from the menu of mid-day meals for school students to ensure the inclusion of fruits and dry fruits. It said that meat was part of the home diet of the islanders otherwise but the consumption of fruits and dry fruits was less."The Lakshadweep administration was well within its power to carry out a modification in...

Over One Crore Cases Settled In Third National Lok Adalat, Total Disposal Figures Of 2022 Lok Adalats Cross 2.2 Crores

The Legal Services Authorities across the country, under the aegis of National Legal Services Authority (NALSA) and the leadership of Mr. Justice Uday Umesh Lalit, Executive Chairman, NALSA, & Chief Justice of India Designate organised the third National Lok Adalat of the year 2022 in all the 35 States/UTs except Delhi on 13th August. NLA in Delhi is postponed due to...

Following Governor's Approval, Punjab Govt Notifies Act Implementing 'One MLA, One Pension' Scheme In State

Following approval from the Governor of Punjab Banwarilal Purohit, the State Government on Thursday notified an act named Punjab State Legislature Members (Pension and Medical Facilities Regulation) Act, 2022 which implements 'One MLA, One Pension' scheme in the state.Chief Minister Bhagwant Mann took to Twitter to announce that the Bill, which was passed by the state assembly on June 30,...

Madhya Pradesh High Court Dismisses PIL Seeking Fixing 5 Years As Eligibility Period For Grant Of Pension To MP/MLAs With 10K Cost

The Madhya Pradesh High Court recently dismissed a Public Interest Litigation (PIL) plea seeking direction to the Union of India and the Madhya Pradesh Government to make fix the tenure of 5 years of the office of the MP/MLAs for their eligibility for a lifetime pension.The bench of Justice Vivek Rusia and Justice Amar Nath (Kesharwani) imposed a cost of Rs.10,000/- on the petitioner,...

S.7(5)(b) IBC | Provision To Notify Financial Creditor Before Rejecting Claim Extends To Appeals Before NCLAT: Supreme Court

The Supreme Court has that provision of Section 7(5)(b) of the Insolvency and Bankruptcy Code, 2016, which requires the Adjudicating Authority to notify the Financial Creditor before rejection of a claim, would be applicable to appeals as well, since appeal is the continuation of original proceedings(Kotak Mahindra Bank Limited v. Kew Precision Parts Private Limited And Ors). A...

Two Judicial Officers Sworn In As Judges Of Orissa High Court

Two senior judicial officers were sworn-in as Judges of the Orissa High Court this afternoon after their warrants of appointment were issued by the President of India yesterday. Justice Gourishankar Satapathy, who was the 9th senior-most judicial officer of the State, joined the Odisha Superior Judicial Service in the year 2011. He held various positions in the cadre of District...

Revision Petition Filed Before High Court By Third Party / Defacto Complainant Maintainable : Supreme Court

The Supreme Court observed that a revision petition filed before a High Court by a third party/de facto complainant is maintainable.As the power of revision can be exercised by the High Court even suo moto, there can be no bar on a third party invoking the revisional jurisdiction and inviting the attention of the High Court that an occasion to exercise the power has arisen, the bench...

[Gutka Sahib Desecration Case] PH High Court Grants Bail To Lady Suffering From Schizophrenia, Bipolar Disorder

The Punjab and Haryana High Court on Monday granted bail to a lady, accused of tearing the pages of and dishonoring the holy text Gutka Sahib while taking into account the fact that she is ailing and suffering from Bipolar Disorder and Schizophrenia since 2017."In view of her mental condition, it would be a matter of adjudication during the trial as to whether she had the necessary mens rea...

Kerala HC Gants Pre-Arrest Bail To A Doctor Accused Of Posting Defamatory Articles Against Lakshadweep Administrative Officers

The Kerala High Court on Wednesday granted anticipatory bail to a senior doctor who has been accused of posting defamatory articles against officers of the Administration of Lakshadweep on Facebook.The bench of Justice Viju Abraham was essentially dealing with the pre-arrest bail plea of Dr. K P Hamsakoya, who is one of the seniormost doctors serving the Lakshadweep Administration and that he...

UPKSZP Act | Kshettra Panchayat's Elected Member Vacates Office When Resignation Notice Is Received In Panchayat Office: Allahabad HC

The Allahabad High Court has observed that under the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961, an elected member of the Kshettra Panchayat shall be deemed to have vacated his office from the date on which notice of his resignation is received in the office of Kshetra Panchayat.The bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava further observed...