Latest News
Plea To Declare Virtual Hearing As Fundamental Right Listed Before Bench Led By Justice DY Chandrachud
The Supreme Court on Monday directed the Registry to list the petitions seeking to declare virtual court hearing as a fundamental right before the bench headed by Justice DY Chandrachud. The pleas were mentioned before the bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli by Advocate Mrigank Prabhakar who had sought urgent listing of the same....
All High Courts Weekly Round Up: 18 July 2022 - 24 July 2022
Allahabad High Court NOMINAL INDEX Mamta And Another v. State Of U.P. Thru. Prin. Secy. Home And Others 2022 LiveLaw (AB) 324 Manish Yadav v. State of U.P 2022 LiveLaw (AB) 325 Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 326 Oyas @ Avesh v. State of U.P 2022 LiveLaw (AB) 327 Farha Faiz v. State Of U.P. And 3...
When The Main Relief Is Rejected By The Arbitral Tribunal, Which Included Interim Relief ,The Interim Relief Granted In Isolation Is Incorrect: Delhi High Court
The Delhi High Court has ruled that when the main relief claimed by the claimant has been rejected by the Arbitral Tribunal, the Arbitral Tribunal cannot award an interim or ancillary amount, which is included under the same claim, in favour of the claimant. The Single Bench of Justice Sanjeev Narula held that when the main relief is rejected by the Arbitral Tribunal, axiomatically,...
Sections 15 And 16 Of The MSMED Act Are Mandatory Provisions, Arbitrator Must Assign Reasons For Not Awarding Compound Interest: Delhi High Court
The High Court of Delhi has affirmed the order of the lower Court by which it had set aside an arbitral award for not awarding interest in terms of Sections 15 and 16 which are mandatory provisions of the MSMED Act. The bench of Justice Vibhu Bakhru and Justice Amit Mahajan held that once the arbitrator has held that MSMED Act applies to the dispute between the parties, it must...
No Wrong In Disqualifying Candidate For Not Using Prescribed Language In OMR Sheet : Supreme Court
The Supreme Court upheld rejection of candidature of a candidate who used different language in the application form than the OMR sheet.Since the advertisement contemplated the manner of filling up of the application form and also the attempting of the answer sheets, it has to be done in the manner so prescribed, the bench comprising Justices Hemant Gupta and Vikram Nath observed.In this...
Arbitration Clause Can Be Invoked Against Disputes Under Another Agreement, If Both Agreements Form One Composite Transaction: Karnataka High Court
The Karnataka High Court has ruled that a party can invoke the Arbitration Clause contained in an agreement with respect to the disputes arising with a third party under another agreement, if both the agreements refer to each other and form one composite transaction. The Single Bench of Justice Suraj Govindaraj held that where one of the necessary parties was not issued a legal notice,...
Facts Can Only Be Determined By Evidence Before Forum Of First Instance And Not In Revision Just For The Sake Of Prolonging The Lis; NCDRC
The bench of National Commission comprising Justice Karuna Nand Bajpayee, Member and Dinesh Singh, Presiding Member has observed that, "the facts can only be determined by leading evidence before the forum of first instance or in rare cases by filing additional evidence before the forum of appellate jurisdiction and should not be raised in revision just for the sake of prolonging...
Finalised Disability Access Guidelines For Higher Educational Institutions And Universities : UGC To Supreme Court
On Monday, the University Grants Commission (UGC) informed the Supreme Court that it has finalised the Accessibility Guidelines and Standards for Higher Educational Institutions and Universities, which is to ensure access for persons with disabilities in certain educational institutions. It added that the Guidelines have been circulated to the concerned institutions for the purpose...
"Colonial Mindset": Madras High Court Directs Implementation Of Abolition Of Orderlies System In Police
The Madras High Court on Monday directed the Principal Secretary to Government, Home Department to take immediate steps to remove uniformed officers serving as orderlies at the residence of higher officials and to use these forces for the benefit of the public at large. The court was making the above observations in respect of a petition regarding overstay in government quarters,...
NCLAT Sets Aside The Order Of NCLT Rejecting CIRP Initiation, Finds That The Service On The Respondent Was Effected As Per Master Data Details.
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Sparta Global Projects Pvt. Ltd. v KUGD Services Pvt. Ltd., has directed the Adjudicating Authority to admit a petition under Section 9...
Courts Should Not Seek To Run Governments In The Guise Of Judicial Review: Karnataka High Court
"It is primarily the task of the Government to govern and in the guise of judicial review, Courts should not seek to run the governments," the Karnataka High Court has observed. A division bench comprising of Justice Krishna S Dixit and Justice P Krishna Bhat added that when a measure taken by the Government is for implementing a Mega Infrastructural Project pursuant to a policy framed...