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Mere Pendency Of A Civil Suit Is Not An Absolute Bar To A Petition Under Section 11 Of The A&C Act: Bombay High Court
The High Court of Bombay has held that mere pendency of a Civil Suit is not an absolute bar to a petition under Section 11 of the A&C Act as long as the petitioner can withdraw its suit before the defendant file its statement on the issue. The Single Bench of Justice G.S. Kulkarni held that it is also permissible for the Civil Court to consider an application of the plaintiff...
Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court
The Delhi High Court has observed that a plaintiff cannot be entitled for refund of court fees in the event of an application under sec. 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration.Justice Amit Bansal reiterated that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC...
Sex Trafficking Cases Conducted With 'Indifference': Calcutta High Court Orders WB DGP To Transfer Cases To Anti Human Trafficking Unit
The Calcutta High Court has recently expressed its displeasure at the way cases involving sex trafficking of minor girls are being conducted in the State and has accordingly directed the Director General of Police, West Bengal to ensure that such cases are transferred to the Anti Human Trafficking Unit so that they can be investigated by specialised officers, preferably lady officers....
Dispute Arising Out Of Agreements Relating To Property Used Exclusively In 'Trade & Commerce' Constitutes "Commercial Dispute": Gujarat High Court
The Gujarat High Court has held that the acid test to determine whether or not a dispute relating to property is a "commercial dispute" under Commercial Court's Act, 2015 is that the property in question is used "exclusively" in trade or commerce. The Bench comprising Justice NV Anjaria and Justice Samir Dave observed, "Dispute arising out of agreements relating to property used exclusively...
Supreme Court Disapproves Insurance Company's Insistence On Producing Driving License Which Was Burnt In Accident
The Supreme Court recently dismissed an appeal filed by an insurance company against an order of the National Consumer Disputes Redressal Commission which allowed a claim.The insurer had repudiated the claim on the ground that the driving license was not produced. However, the Surveyor's Report suggested that the driving license was burnt in the accident."Still, the Insurance Company insisted...
Bombay High Court Weekly Round Up: June 13 - June 19, 2022
Nominal Index [2022 LiveLaw (Bom) 211 - 2022 LiveLaw (Bom) 220] Latabai vs State of Maharashtra & Ors. 2022 LiveLaw (Bom) 211 Anand Singh vs The State of Maharashtra, with connected matters 2022 LiveLaw (Bom) 212 Choice Developers vs Pantnagar Pearl CHS Ltd. & Ors 2022 LiveLaw (Bom) 213 Narayan vs Mrs. Sangita and anr 2022 LiveLaw (Bom) 214 State of Maharashtra vs...
Allahabad High Court Weekly Round Up: June 13 To June 19, 2022
NOMINAL INDEX Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others 2022 LiveLaw (AB) 291 Mokhtar Ansari v. State of U.P 2022 LiveLaw (AB) 292 Prabhakar Pandey Vs. State Of U.P. And Others 2022 LiveLaw (AB) 293Mukesh Bansal v State of UP 2022 LiveLaw (AB) 294 Anoop Kumar Singh And Another Vs. State Of U P And 2 Others 2022 LiveLaw...
S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court
The Gujarat High Court has made it clear that Section 33C of the Industrial Disputes Act, 1947, is for the purpose of execution of the award or dealing with the pre-existing right or benefit arising out of the settlement of a workman against his employer. The same does not make way for a Labour Court to enter into an adjudicatory process, giving a finding on disputed facts between...
Rajasthan High Court Weekly Round Up: June 13 - June 19, 2022
Nominal Index [2022 LiveLaw (Raj) 184 - 2022 LiveLaw (Raj) 196] Bhim Saini @ Bhimraj Saini v. State of Rajasthan with other connected matter 2022 LiveLaw (Raj) 184 Raju @ Rajkumar Through His Brother Sh. Sharwarmal v. State & Ors. 2022 LiveLaw (Raj) 185 Sarvjeet Kaur v. State of Rajasthan & Anr. 2022 LiveLaw (Raj) 186 Richa Dharu v. Hemant Panwar 2022 LiveLaw...
No Criminal Action Against Advocate If Legal Advice Goes Wrong, Liable For Professional Misconduct If Established By Cogent Evidence: Rajasthan HC
The Rajasthan High Court has observed that if any legal advice rendered by an Advocate goes wrong, the same would not subject him to criminal prosecution, as a lawyer. At most, he may be held liable for gross negligence or professional misconduct, if it is established by placing cogent evidence on record.Dr. Justice Pushpendra Singh Bhati observed, "If any legal advice rendered by an...
CLAT 2022 Paper Analysis
Finally, the most awaited exam is over, resting the anxieties of the students all over India. On a good note, this year's CLAT exam came with minimum surprises and more on expected lines. Amidst everything, CLAT was held today on 19th June 2022 from 2-4 pm. The first impression of the exam was moderately easy. Comparatively, CLAT 2022 was near to CLAT 2021 exam in its difficulty...