Merely Obtaining 'Occupancy Certificate' Before S.3 RERA Came Into Force Would Not Oust Jurisdiction Of Regulatory Authority: Punjab & Haryana HC

The Punjab and Haryana High Court recently observed that obtaining of an occupancy certificate will not render anyone to be outside the purview of the jurisdiction of the State Real Estate Regulatory Authority. Justice Amol Rattan Singh observed: "There being a difference carved out in the Act itself as to what is a completion certificate and an occupancy certificate, unless...

Woman's Character Can't Be Decided By Certificate Given By People Having An Ostrich Mindset: Chhattisgarh High Court

Wife Not Molding Herself As Per Husband's Desire Not A Decisive Factor To Deprive Mother Of Child's Custody: Chhattisgarh High Court

Municipal Board Has No Power To Review Its Own Decision Unless Statutorily Provided: Uttarakhand High Court

The Uttarakhand High Court has held that a Municipal Board has no power to review its own decision unless that is provided under the governing statute itself. A Single Judge Bench of Justice Sharad Kumar Sharma observed, "Rather, this Court is of the view that the passing of the impugned resolution by way of exercising a power of review too will not fall to be within a zone...

Application Seeking Recall Of Compromise Decree Can Be Filed Before The Court Which Granted It : Supreme Court

The Supreme Court observed that an application seeking recall of a compromise decree on the ground that it suffers from fraud and collusion can be filed before the the Court which granted the decree.In this case, the plaintiffs filed an application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure before the court which passed the Compromise Decree. They contended...

Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court

The Delhi High Court has observed that the Arbitrator or Tribunal is the final arbiter on facts as well as in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sec. 34 or 37 of the Arbitration and Conciliation Act, 1996. A division bench comprising of Justice Mukta Gupta and Justice Neena Bansal Krishna was dealing with an appeal under sec....

Mere Suppression Of Information About Criminal Does Not Mean That Employer Can Arbitrarily Terminate Employee From Service: Supreme Court

The Supreme Court observed that mere suppression of material/false information in a given case does not mean that the employer can arbitrarily discharge/terminate the employee from service."The person who has suppressed the material information or has made false declaration indeed has no unfettered right of seeking appointment or continuity in service, but at least has a right not to be...

A Document Can Be Treated As A Promissory Note Only When It Is Promissory Both In Form & Intent: Chhattisgarh High Court Reiterates

The Chhattisgarh High Court has emphasized that a document can be treated as a promissory note only when it is promissory both in form and intent. Justice Narendra Kumar Vyas remarked that if the indebtedness is acknowledged in the document that any defined sum of money is payable on demand, only then the document can be said to be a promissory note.A first appeal was filed under Section 96...

ITAT Final Arbiter Of Facts, Its Order Can Be Interfered With Only If There Is Substantial Question Of Law, Manifest Illegality/ Perversity: Delhi HC

Observing that the Income Tax Appellate Tribunal (ITAT) is the final arbiter of the facts, the Delhi High Court has observed that the High Court can interfere with its order only if there is substantial question of law or there is manifest illegality or it suffers from perversity.Justice Manmohan and Justice Dinesh Kumar Sharma was dealing with an appeal challenging the order dated...

Freedom Fighter's Descendant Alleges Harassment For Exposing Corruption In Gujarat Transport Dpt, Seeks High Court's Permission For "Active Euthanasia"

In a writ petition filed before the Gujarat High Court under Article 226 of the Constitution, a man claiming to be a descendant of freedom fighter Namdev Nathu Mahajan has sought permission to commit Iccha Mrytyu i.e., active euthanasia.The Petitioner, 56 years of age, says he was working as a driver in the Gujarat State Road Transport Corporation when he received information and...

Monthly Digest Of Arbitration Cases- April 2022

Supreme Court Arbitrators Must Say Upfront Their Fees For The Number Of Sittings, Opines Supreme Court During Hearing Case Title: Oil and Natural Gas Corporation Ltd. versus Afcons Gunanusa The Supreme Court, while hearing on the issue of fixation of standards for fees for arbitrators, has emphasized on "upfront" fixation of arbitrator's fee. The Bench of Justices D.Y....

Leaked Draft Judgment Of US Supreme Court Indicates Overruling Of Roe v.Wade Abortion Rights Decision

The US Supreme Court is likely to overrule the landmark Roe v. Wade decision that has guaranteed the right to abortion for nearly a half-century according to a leaked draft opinion published online on Monday night by Politico.The leaked draft judgment of Justice Samuel Alito was reported by news portal Politico. According to the report, the draft was circulated among judges on February 10 and...

The Indian Connection With Pak Decision To Live-Stream Court Proceedings

The Islamabad High Court (IHC) in Pakistan has decided to live-stream its proceedings for the first time in the country's history. Notably, this significant development has a slight connection with Mumbai, an Indian city located 1,643 kilometres away. Barrister Ummar Ziauddin, who had petitioned the IHC for live streaming, has never visited Mumbai, but he has been exchanging...