Arbitrator's Fees : Supreme Court To Hear Issues Relating To 4th Schedule Of Arbitration Act

The Supreme Court has decided to consider the legal questions pertaining to the fee scale for arbitrators under the Fourth Schedule of the Arbitration & Conciliation Act, 1996Different cases relating to the interpretation of the Fourth Schedule are pending before different Benches of the Supreme Court.Last week, while arguing an arbitration petition filed by Oil and Natural Gas...

'She Is Not A Female' : Husband Moves Supreme Court Seeking Cheating Case Against Wife

The Supreme Court on Friday(March 11) issued notice in a petition moved by a husband seeking a cheating case against his wife for allegedly concealing the fact that she was physiologically not a female at the time of marriage.The husband contended that his wife is not a female due to presence of a Penis and an Imperforate Hymen, and the concealment of this fact from him amounts to the offence...

Supreme Court Seeks Patna High Court's Response To Suggestions To Reduce Pendency Of Bihar Prohibition Act Cases

The Supreme Court, while dealing with a writ petition[1] relating to the delayed listing of a bail application in the Patna High Court, has asked the High Court to consider the feasibility of implementing suggestions made to reduce the pendency of the cases under the Bihar Prohibition and Excise Act.The suggestions were made by Advocate Shoeb Alam, the counsel appearing for...

'Buses Shall Be Seized If Operators Found Picking & Dropping Passengers In Violation MV Act', Rajasthan High Court

The division bench of Rajasthan High Court ordered that buses shall be seized of those bus operators who are found picking and dropping passengers in violation of relevant rules and regulations framed under the Motor Vehicles Act as also under the local laws. Essentially, the public interest litigation has been filed praying that instead of making operational bus-stand at the...

Section 276 Indian Succession Act - Letters Of Administration Can Be Revoked If all Legal Heirs Were Not Made Parties: Supreme Court

The Supreme Court has held that Letters of Administration can be revoked on the ground that all the legal heirs were not impleaded in the petition under Section 276 of the Indian Succession Act for the grant of Letters of Administration with Will annexed.In this case, the High Court allowed an application for revocation of the Letters of Administration on the ...

'Stop Unlicensed Outlets Operating Through Food Delivery Apps' : Restaurateur's Association Approaches Bombay High Court

The Indian Hotel and Restaurant Association has approached the Bombay High Court against food outlets operating "illegally" on food delivery applications like Swiggy. Zomato and Dunzo. The plea filed under Article 226 of the constitution seeks directions for registration of FIR against the applications and to initiate a thorough investigation. As also for all organisations who...

High Court Directs Delhi University To Devise Mechanism For Issuance Of Attested Marksheet Manually To Students In Urgent Need

The Delhi High Court has directed the Delhi University to put in place a mechanism so that in case of any urgency, a student can write an email to the concerned Dean of Examinations who shall then consider the said request and issue the attested marksheet or transcript manually within a period of 5 working days.Justice Pratibha M Singh issued a slew of other directions in a bunch of pleas...

"No Prima Facie Illegality" : Telangana High Court Refuses To Stay Suspension Of BJP MLAs From Assembly

The Telangana High Court denied relief to BJP MLAs who sought stay on the operation of Telangana Legislative Assembly-respondent's action, suspending them from service for the rest of the ongoing Budget session of the Assembly. The present plea was filed by M. Raghunandan Rao, E. Rajender and T. Raja Singh. The petitioners also sought direction to the Speaker to allow them to...

Merely Because Wife Filed Application After 36yrs of Marriage, Husband Can't Be Absolved of His Obligation To Pay Interim Maintenance: Rajasthan HC

The Rajasthan High Court observed that the husband, who admittedly earns Rs.40,000/- per month, cannot be absolved of his obligation to pay interim maintenance, merely because the wife has chosen to file the application after 36 years of marriage. Essentially, the present petition has been filed by the petitioner under section 482 of the Code of Criminal Procedure, 1973 challenging...

"Specify Proposal To Deal With Cases Of Live In Couples Not Of Marriageable Age": Punjab & Haryana High Court To Centre

Noting that the Court is being flooded with pleas filed by live-In Couples, not of marriageable age, seeking protection of life and liberty, the Punjab and Haryana High Court has asked the Union Government to specify its proposal to deal with such cases.Observing that no Act governs any such relationship and once a person has attained majority in terms of the Majority Act, 1875, (i.e. 18 years...

Section 138 NI Act - Complainant Not Expected To Initially Give Evidence Of Financial Capacity Unless Accused Disputes It In Reply Notice : Supreme Court

The Supreme Court observed that it cannot be expected of a complainant to initially lead evidence to show that he had financial capacity unless such a case was set up in the reply notice by the accused.However, the accused has the right to demonstrate that the complainant in a particular case did not have the financial capacity by producing independent materials, namely, by examining...

Supreme Court To Examine Whether Laundry Business Comes Within The Ambit Of The Factories Act, 1948

The Supreme Court on Friday agreed to hear a plea wherein the substratum of the issue was whether establishment of the respondent conducting laundry business falls squarely within the definitions of 'factory' under Section 2(m) and 'manufacturing process' under Section 2(k) of the Factories Act, 1948. A Bench comprising Justices L.Nageswara Rao and B.R. Gavai issued notice, but was...