Unitech: Supreme Court Directs Web Portal To Be Kept Open For Further 4 Weeks To Facilitate Refunds To Homebuyers

To facilitate refunds for the homebuyers of Unitech, the Supreme Court on Wednesday asked the appointed amicus to open the Web Portal for a further period of 4 weeks which was earlier directed to be only opened till May 15, 2022. The bench of Justices DY Chandrachud and MR Shah in their order said, "Portal may be kept open for a further period of 4 weeks to allow the home buyers...

Power To Commute Sentence Imposed Under Section 302 IPC Is With State Govt And Not Union : Supreme Court

The Supreme Court, on Wednesday, while exercising power under Article 142 of the Constitution to release A.G. Perarivalan, one of the convicts in Rajiv Gandhi's assassination, restated that Governor has the power under Article 161 to remit/commute/pardon sentences imposed under Section 302 of the Indian Penal Code, 1860, since the executive power of the State extends to the...

Rejected Claims By Resolution Professional In Insolvency Proceedings, To Be Decided By The Arbitrator: Delhi High Court

The High Court of Delhi held that the claims rejected by Resolution Professional in the insolvency proceedings on the ground that they arose after the Insolvency Commencement Date (ICD), are to be decided by the arbitrator. The Court held that extinguishment of claims that arose after the Insolvency Commencement Date (ICD) is a contentious issue that is to be decided by...

Novation Of Partnership Deed, Arbitration Clause Contained In The Deed Can Be Invoked: Bombay High Court

The Bombay High Court has ruled that the allegation of forgery is required to be dealt with at the stage of trial before the Arbitrator. The Single Bench of Justice A. K. Menon dismissed the contention that an arbitration clause cannot be invoked as a result of novation of the agreement containing the arbitration clause. The Court added that even though there had been a novation of...

SSC Recruitment Scam: Calcutta HC Refuses To Hear WB Minister Partha Chatterjee's Plea Seeking Stay On Order To Appear Before CBI

The Calcutta High Court on Wednesday refused to hear an appeal filed by West Bengal Minister Partha Chatterjee challenging an order of a single Bench that directed him to appear before the CBI in connection with the alleged irregularities in appointments of Group-C and Group-D posts (non-teaching staff) in the state government-run schools in West Bengal on the purported recommendation of the...

A Party Cannot Directly Seek The Appointment Of The Arbitrator If The Agreement Provides For Pre-Arbitration Reference To A Competent Authority: Madhya Pradesh High Court

The High Court of Madhya Pradesh has held that the court cannot appoint the arbitrator when the petitioner has not complied with the condition precedent of referring the dispute to the Superintending Engineer. The Single Bench of Justice Vivek Rusia has held the pre-arbitral steps to be mandatory, the non-compliance of which will result in the rejection of the application for...

Invocation Of Arbitration Clause In Tender Document Is Possible Only If Purchase Order Is Placed: Orissa High Court

The Orissa High Court has ruled that till a purchase order is issued by the tenderee pursuant to the acceptance of an offer to supply, no completed 'contract' arises between the parties and thus the arbitration clause contained in the tender document is not attracted. The Single Bench of Chief Justice Dr. S. Muralidhar reiterated that the arbitration clause contained in the...

SARFAESI Proceedings Cannot Be Continued Against Corporate Debtor Once CIRP Is Admitted And Moratorium Is Ordered: Supreme Court

The Supreme Court observed that the proceedings under the SARFAESI Act cannot be continued once the CIRP is initiated and the moratorium is ordered.The bench comprising Justices L. Nageswara Rao and B R Gavai noted that, in such a situation, any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under...

Allahabad High Court Dismisses PIL To Connect All Places Where Lord Rama Took Rest At Night During His 'Ban Gaman'

The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea seeking a direction to the State Government to construct the 'Ram Ban Gaman Marg' as per the historical evidence and to connect all such places where Lord Rama took rest at night during his forest Travel (Ban Gaman/वन-गमन).The Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir observed that...

Assessment Can't Be Reopened On Mere Change Of Opinion Of AO: Bombay High Court

The Bombay High Court, while quashing the reassessment notice, held that the assessment could not be reopened on a mere change of opinion of the Assessing Officer (AO). The division bench of Justice K.R. Shriram and Justice N.R. Borkar observed that the reopening of assessment was merely on the basis of a change of opinion of the Assessing Officer from that held earlier during...

'Governor Bound By State Cabinet's Advice For Sentence Remission Under Article 161' : Supreme Court Criticises TN Governor In Perarivalan Case

While releasing A.G. Perarivalan, one of the convicts in the Rajiv Gandhi assassination case, the Supreme Court, on Wednesday, expressed concern that the remission petition of Perarivalan and the recommendation of the Tamil Nadu Cabinet was pending with the Governor for almost two and half years, before it was referred to the President. In this regard, the Bench observed...

Delhi High Court Directs Designated Committee To Manually Process Payments Of Assessee Under SVLDR Scheme

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Poonam A. Bamba has directed the designated committee to manually process payments of an assessee under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS). The petitioner/assessee, while taking recourse to the SVLDRS to avail the benefits provided, had attempted to remit the "amount...