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Arbitration Cases Weekly Round-Up: 1st May to 7th May 2022
Supreme Court "Group Of Companies" Doctrine Needs Relook, Says Supreme Court; Refers Issues To Larger Bench Case Title: Cox and Kings Limited versus SAP India Private Limited and Anr. Citation: 2022 LiveLaw (SC) 455 The Supreme Court has referred various aspects regarding the application of the doctrine of 'Group of Companies', which is often utilised to bind non-signatories to...
Interim Relief Under Section 9 Of The A&C Act Cannot Be Granted Against A Third-Party Unless Claiming Under A Party To The Arbitration Agreement: Gujarat High Court
The High Court of Gujarat has held that a third party cannot be impleaded as a party to an application for interim reliefs under Section 9 of the A&C Actunless it is a party who is claiming under a party to the arbitration agreement. The Division Bench of Justice N.V. Anjaria and Justice Samir J.Dave has held that the remedy under the Arbitration Act is between the parties...
'May Lead To Drastic Results': MP High Court Stays Single Bench Order Giving Weightage To Centre's Data Over State Govt In MPPSC Exam
The Madhya Pradesh High Court recently granted stay against the order passed by a Writ Court, whereby it had given preference to data of Government of India over that of State government, regarding percentage of forest cover to decide the correct answer to a question asked by the Madhya Pradesh Public Service in its Examination. The decision of the single bench was based on the reasoning...
Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court
The Delhi High Court has ruled that since no alternate remedy is available to the claimant to challenge the order of the arbitrator terminating the arbitral proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996 (A&C Act), hence, a petition under Article 227 of the Constitution of India against the said order of the arbitrator is ex...
Karnataka High Court Weekly Roundup: May 2 To May 8, 2022
Nominal Index: MOHAMED ARIF JAMEEL v. STATE OF KARNATAKA AND OTHERS, 2022 LiveLaw (Kar) 145 UNITED INDIA INSURANCE CO., LTD., v. NAGENDRA, 2022 LiveLaw (Kar) 146 Stanley Joseph v. State, 2022 LiveLaw (Kar) 147 Sathish N v. Ambika J, 2022 LiveLaw (Kar) 148 Chennaiah @Doddachennaiah and others v. Bylappa and others Case, 2022 LiveLaw (Kar) 149 B S PRAKASH v. THE STATE...
'Unfair Trade Practice': Consumer Forum Directs Handbag Manufacturer To Cough Up ₹38K For Charging ₹20 For Carry Bag With Company Branding
A district consumer forum in Bandra directed handbag manufacturer ESBEDA to pay up over Rs. 38,000 for indulging in unfair trade practices after it charged a woman Rs 20 for a carry bag with its advertisement on it. ESBEDA ( Intouch Leather House Pvt Ltd) has been directed to pay Rs 13,000 of the amount to the complainant, Reema Chawla, Rs 20 refund for the carry bag and Rs....
President Appoints Justice Nongmeikapam Kotiswar Singh As Acting Chief Justice Of Gauhati High Court
The President has appointed Justice Nongmeikapam Kotiswar Singh, senior-most Puisne Judge of Gauhati High Court as Acting Chief Justice of the High Court with effect from the date Justice Sudhanshu Dhulia relinquishes the charge as Chief Justice of the Gauhati High Court consequent upon his appointment as a Judge of the Supreme Court of India.The Centre yesterday notified the appointment...
'Serious Prejudice To Safety Of Passengers': PIL In Calcutta High Court Against Public Buses Plying Without Valid Registration, Fitness Certificate
A Public Interest Litigation (PIL) petition has been filed in the Calcutta High Court seeking directions to ensure that State-owned public transport buses are not allowed to operate in the State without proper documentation such as certificate of registration, certificate of fitness, insurance policy and others. The PIL filed by petitioner Anindya Sundar Das also made reference to a...
Gold Smuggling Can't Be Treated As 'Terrorist Act' Under UAPA: Rajasthan High Court
The Rajasthan High Court observed that Customs Act is not included in Schedule-II of the UA(P)A and thus smuggling of gold and that too of a quantity which is bailable under the Customs Act cannot be treated as Terrorist act. The court examined the question whether Section 15(1)(a)(iiia) of the UA(P)A, which was inserted in the year 2012, was meant to include the smuggling of gold in...
Jahangirpuri Violence | "Local Police Failed To Stop Procession Having No Permission": Delhi Court Denies Bail To 8 Men
A Delhi Court has denied bail to 8 men accused in connection with the clashes that broke out last month in city's Jahangirpuri area during a Hanuman Jayanti procession.Additional Sessions Judge Gagandeep Singh of Rohini Courts observed that prima facie the case reflected that there was utter failure on the part of local police in stopping the said procession having no permission."The issue...
Delhi HC Dismisses Plea Seeking Review Of Order Giving Visitation Rights To Father Only If He Resided In Same Building As That Of Child
The Delhi High Court recently dismissed a review petition seeking to challenge an order giving visitation rights to father only if he resided in the same building. Justice Kameswar Rao observed: "In any case, this Court, while modifying the impugned order of the Trial Court dated October 28, 2021, had noted the fact that the minor child is of tender age of less than three years and...