What Constitutes 'Dispute' Under Arbitration & Conciliation Act? Madhya Pradesh High Court Explains

Surprised over the fact that the word 'Dispute' is not defined under the Arbitration and Conciliation Act, 1996 even though its object is to "resolve disputes" between rival parties, the Madhya Pradesh High Court explained as to what may constitute a 'dispute' for the purpose of invocation of the provisions contained in the Act.The division bench comprising of Justice Sheel Nagu...

Motor Accident Claims| Multiplier To Be Determined Based On Completed Age, Not Running Age: Kerala High Court

Tribunal may disregard FIR if there is credible evidence including oral testimony contradicting FIR.

'This Isn't The Way To Run Airlines': Supreme Court To SpiceJet While Staying Publication Of Madras HC's Winding Up Order

The Supreme Court on Friday stayed the publication of the winding-up order passed by the Madras High Court against airline company SpiceJet Ltd. However, a bench led by the Chief Justice of India also made certain critical remarks against SpiceJet.Senior Advocate Harish Salve, appearing for SpiceJet, sought for three weeks time saying that they are working out things with the creditor...

No Bar On Pursuing Criminal Proceedings After Arbitration Has Commenced: Delhi High Court

Observing that commencement of arbitration does not bar a party from pursuing criminal proceedings, the Delhi High Court directed the Police to investigate the complaint lodged by a Non-Banking Finance Company against one of its defaulting borrowers.Justice Subramonium Prasad observed,"there is no bar of pursuing criminal proceedings once arbitration has commenced."In the instant case, the...

Madras High Court Issues Slew Of Directions To Remove Encroachments From Water Bodies

Issuing a slew of directions on top of the directions already in force, the Madras High Court has underscored that there will be no leniency towards waterbody encroachers and land grabbers. The court has made it clear in a batch of writ petitions seeking directions to prevent widespread encroachment that- it won't allow the encroachers to peacefully enjoy the properties listed as water bodies...

Inter-Religious Marriage: Gujarat High Court Grants Relief To Couple, Girl's Parents Told Not To Misbehave

The Gujarat High Court recently granted relief to an interfaith married couple, and sternly asked the parents of the girl, who are opposed to the inter faith marriage and their relationship, not to misbehave.The Bench of Justice Sonia Gokani and Justice Mauna M. Bhatt was hearing the Habeas Corpus plea by one Hamim Habibbhai Khambhati who filed a writ of habeas corpus for production of his...

Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy Of Representation; Collection Of Data On Entire Service Meaningless [Updated With Judgment]

The Supreme Court on Friday delivered the judgment in the issue relating to reservation in promotions for Scheduled Castes and Scheduled Tribes. Centre and States had urged the Supreme Court to settle the confusion regarding the norms for reservation in promotions saying that several appointments have been stalled due to ambiguities.A Bench of Justices L Nageswara Rao, Sanjiv Khanna and...

Defence's Burden To Prove Plea Of Insanity Is Only To Establish Preponderance Of Probability, Not Beyond All Manner Of Doubt: Rajasthan HC

The Rajasthan High Court observed that the burden on the defence to prove the plea of insanity is only to the extent of establishing the same by preponderance of probabilities and such a defence need not be proved beyond all manner of doubt. The observation was made while hearing an appeal under Section 374(2) Cr.P.C against the judgment of the trial court, whereby appellants were...

'Suspension For One Year Worse Than Expulsion': Supreme Court Quashes Maharashtra Assembly's Resolution To Suspend 12 BJP MLAs

The Supreme Court on Friday quashed the Maharashtra Legislative Assembly's resolution of July 5, 2021, which suspended 12 BJP MLAs for a period of one year for alleged disorderly behaviour in the house.The Court held that the resolution to suspend the MLAs beyond the session is "unconstitutional", "illegal" and "beyond the powers of the assembly". It held that such suspension could be...

Pendency Of Civil Suit Irrelevant: Madhya Pradesh High Court Refuses To Quash Criminal Proceedings Over Alleged Encroachment Of Govt Land

The Madhya Pradesh High Court has held that if prima facie ingredients of the offence alleged are satisfied, then criminal proceedings need not be quashed in a case involving encroachment upon Government land.The Bench comprising Justice Rajeev Kumar Shrivastava further observed that criminal complaint cannot be quashed only on the ground that the allegations made therein appear to be of...

"Delhi Riots & Farmers Protests Disturbed Public Order, Matters Of National Importance": Centre Defends LG Appointed Prosecutors

Defending the Delhi Lieutenant Governor's appointed Special Public Prosecutors to argue cases related to Farmers Protest and Delhi Riots, Centre has told the Delhi High Court that the cases, being highly sensitive in nature, are matters of national importance. In a common counter affidavit submitted by the Centre and Delhi LG, it has further been submitted that both Delhi riots and...

UP Govt Informs Allahabad High Court About Its Preparedness To Hold Magh Mela Amid COVID Spread

The Uttar Pradesh Government on Tuesday informed the Allahabad High Court about its preparedness to hold Magh Mela amid COVID spread.The UP Govt submitted its response on a Public Interest Litigation (PIL) plea filed before the Court seeking a direction to the state government to prevent devotees from bathing in/participating in the Mela on the auspicious dates i.e. Shahi Snan on account of...