The Arbitral Tribunal Cannot Reduce The Liquidated Damages On 'Guess Work': Delhi High Court

The High Court of Delhi has held the arbitral tribunal cannot reduce the liquidated damages on 'guesswork' if it finds that it is genuine pre-estimated damages and it is not possible to quantify the damages. The Single Bench of Justice Bakhru held that once the arbitrator finds that the employer has suffered substantial losses due to the fault of the contractor and the contract...

DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC

The Delhi High Court has observed that the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household" under Domestic Violence Act. Justice Prateek Jalan observed thus:"Just as the woman living fleetingly or casually at different places, would not convert...

Bank Account Of Any Of The Relatives Of An Accused Can Be Seized U/S 102 CrPC: Jammu & Kashmir & Ladakh High Court

The Jammu and Kashmir and Ladakh High Court has clarified that the bank account of any of the relations of an accused (of an offence being probed into) falls within the definition of property under Section 102 CrPC.The Bench of Justice Sanjay Dhar further observed that a police officer, during the course of the investigation, can seize or prohibit the operation of the said account of...

Rule Of "Contra Proferentem" - Ambiguous Term In Insurance Contracts To Be Interpreted In Favour Of Insured : Supreme Court

The Supreme Court has held that first an ambiguous term in an insurance contract ought to be construed harmoniously by reading it in its entirety and if still vague the rule of contra proferentem must be applied and the term must be interpreted against the drafter of the policy, i.e in favour of the insured.A Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and P.S....

No Deemed Registration Even If Registration Application U/Sec 12AA Income Tax Act Is Not Decided Within Six Months: Supreme Court

The Supreme Court has observed that there shall not be any deemed registration even if in a case where the registration application under Section 12AA of the Income Tax Act, 1961, is not decided within six months.The bench comprising Justices MR Shah and BV Nagarathna was considering a Special Leave Petition challenging a judgment of Allahabad High Court in which the issue raised was whether...

Kalkaji Temple Redevelopment: Delhi High Court Directs Erection Of Boundary Wall To Prevent Encroachments By Vendors, Unauthorised Occupants

Observing that the entire process of redevelopment of the Kalkaji temple would be severely jeopardized if encroachments happen on a daily basis either by vendors or any other unauthorized occupants, the Delhi High Court has directed erection of boundary wall surrounding the temple premises in order to prevent such encroachments.Justice Pratibha M Singh was dealing with a bunch of pleas...

Allahabad High Court Dismisses Actress Jaya Prada's Plea Challenging Mohd Azam Khan's Win In 2019 Lok Sabha Election

The Allahabad High Court on Friday dismissed an election petition filed by actress Jaya Prada challenging the election of Samajwadi Party leader Azam Khan from the Rampur parliamentary constituency.The Bench of Justice Saumitra Dayal Singh dismissed the plea for want of prosecution that is to say in the absence of the counsel for Jaya Prada. All pending applications were accordingly...

Union Law Minister Requests States To Ensure Adequate Security For Judges & Courts

Union Law Minister Kiren Rijiju on Saturday requested the State Government to ensure adequate security to the judges and court complexes since safe and sound environment for courts is necessary to ensure free and fair delivery of justice.Speaking at the inaugural session of the Joint Conference of the Chief Ministers and Chief Justices of the High Courts, the Minister said :"In order to...

Telangana High Court Refuses To Quash FIR Against Vikram Limaye & Priya Subbaraman In Anugrah Stock & Broking Case

The Telangana High Court recently ruled that the proceedings against Vikram Limaye & Priya Subbaraman in Anugrah Stock & Broking Case cannot be quashed under Section 482 CrPC if the role played by them in the commission of the offence is unclear and the investigation is not completed. The power under Section 482 has to be sparingly used to quash FIR. Brief Facts of the...

Can Medical Assessment & Rating Board Recommend Cancellation Of Admission Of Students? Rajasthan High Court To Consider

Rajasthan High Court is set to determine whether the Medical Assessment & Rating Board (MARB) can recommend for cancellation of admission of the students in various medical courses.The question has arised in the background of several writ petitions filed by medical colleges and its students, challenging the recommendations made by MARB for withdrawal of letter of permission, cancellation...

Decriminalisation Of Attempt To Commit Suicide Is The General View Of Courts: Kerala High Court Drops Charges U/S 309 IPC

The Kerala High Court recently quashed all charges pending against a Village Officer who attempted to commit suicide and was booked under Section 309 of the Indian Penal Code (attempt to commit suicide). After an elaborate study of the general judicial opinion on the issue, Justice K. Haripal observed that the growing trend was in favour of decriminalisation of the offence since...

Local Languages Should Be Promoted In Courts For Common Man : Prime Minister Narendra Modi

While addressing the inaugural function of the Joint Conference of CM of the States & Chief Justices of High Courts, Prime Minister Narendra Modi stressed that it must be our priority to think and ponder upon the kind of Judicial system which we wish to see in the year 2047, when the country completes 100 years of its independence. Regarding the relationship between the Judiciary...