Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court

The Gujarat High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. The Bench, consisting of Justices N.V. Anjaria and Samir J. Dave,...

Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court

The Telangana High Court has recently ruled that even if the husband offers to pay the conveyance charges for the wife to appear for the family court hearings, if such an offer seems to have been made without bona fides, it can order for the case to be transferred to the Family Court near the residence of the wife. Justice A. Venkateshwara Reddy ruled that although it is settled that a wife...

[I-Site v. Eye Site] "Phonetic Identity" An Important Index To Test Deception: Delhi High Court Grants Relief To Sun Pharma

The Delhi High Court has observed that the phonetic identity or similarity is an important index of similarity or deceptive similarity of one mark against the other competing mark and that the tests of phonetic, visual and structural similarity or identity are disjunctive and not conjunctive.Justice Jyoti Singh was dealing with a suit for permanent injunction filed by Sun...

Insufficiency Of The Stamp Duty On The Arbitration Agreement Is A Jurisdictional Issue Under Section 16 Of The A&C Act: Delhi High Court

The High Court of Delhi has held that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the A&C Act. The Single Bench of Justice Sanjeev Narula has held that an objection as to the deficiency in the stamp duty shall be decided as a preliminary issue since the inadequately stamped arbitration agreement can neither be taken...

"Numbers Are Mind Boggling": Bombay High Court Observes About Child Marriages In 16 Tribal Districts In Maharashtra

Three thousand children born out of child marriages were found to be severely malnourished, while six hundred and one children born out of such unisons died in the past three years, an expert committee formed by the Maharashtra Government informed the Bombay High Court on Monday. A survey conducted by ASHA Workers and Anganwadi workers found that a total of 15,000 severely or...

S.167(2) CrPC | 'Date of Remand' To Be Excluded From Calculation Of Statutory Period For Granting 'Default Bail': Orissa High Court

The Orissa High Court has reiterated that while counting the statutory period for the purpose of grant of 'default bail' under Section 167(2), Cr.P.C., the 'date of remand' has to be excluded. A Single Judge Bench of Justice Bibhu Prasad Routray held, "Law is no more res integra on this issue. Recently in the case of M. Ravindran v.Intelligence Officer, Directorate of...

CIRP Cannot Be Initiated Over Undecided Claims Or Unstamped And Unregistered Agreements: NCLT Cuttack

The National Company Law Tribunal ("NCLT"), Cuttack Bench comprising of Shri P. Mohan Raj (Judicial Member) Shri Satya Ranjan Prasad (Technical Member), while adjudicating a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("IBC") filed in the matter of Smarkworks Coworking Spaces Pvt. Ltd. v Turbot HQ India Pvt. Ltd., has held that Corporate Insolvency...

Separate Portals Created For NGOs & Individuals To Give Information About Children In Street Situations : NCPCR Tells Supreme Court

The National Commission for Protection of Child Rights ("NCPCR") apprised the Supreme Court, on Monday, that it has developed a separate portal for Non-Government Organisations ("NGOs") and individuals who are interested to assist in the process of identification of the Children in Street Situation ("CiSS"). On the last occasion, a Bench comprising Justices L. Nageswara Rao and B.R....

Candidate Recommended By SCSC As TDSAT Member Moves Supreme Court Seeking To Direct Centre To Appoint Him

An applicant has moved the Supreme Court of India seeking directions for his appointment to the post of Member of the Telecom Disputes and Settlement Appellate Tribunal (TDSAT). The applicant AM Alankamony, presently posted at Hyderabad as an Accountant Member in the Income Tax Appellate Tribunal, has submitted that his non-selection for the post by the Central Government even after...

Orissa High Court Gives Direction To Resolve Dispute Between NALCO & Mahanadi Coalfields Regarding Coal Supply; Meeting To Be Held Tomorrow

A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik of the Orissa High Court has given direction to the Secretaries of the Departments of Coal, Power and Mines and the Managing Directors (MDs) of the National Aluminium Company Ltd. (NALCO) and the Mahanadi Coalfields Limited (MCL) to hold a meeting to resolve the ongoing dispute regarding supply of...

Details Of Funds In Possession Not Necessary In A Plaint For Specific Performance Of Sale Deed: Kerala High Court

Those aspects are matters of evidence, which need not be specifically pleaded.

Centre Says 'No Conspiracy' Behind Mamata Banerjee's Flight Turbulence, Calcutta High Court Seeks Sealed Cover Report

The Calcutta High Court on Monday directed the Centre to file a report in a sealed cover on the investigation into the incident of mid-air turbulence experienced by Chief Minister Mamata Banerjee's chartered flight on March 4.On March 4, Banerjee was returning to Kolkata from Varanasi after an election campaign. She boarded a chartered flight but faced air turbulence just before landing at...