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Expression 'Existence Of Arbitration Agreement' In Section 11 Of Arbitration Act Includes Aspect Of Validity Of Agreement : Supreme Court
The Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration Act would include the aspect of validity of arbitration agreement.A three-judge bench of the Court also explained that at the stages of Sections 8 and 11 of the Act, the Courts should undertake a prima facie examination of the validity of the arbitration agreement."Existence and...
Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court
The Karnataka High Court held that excluding a married daughter from consideration for appointment on compassionate ground is unconstitutional.If the marital status of a son does not make any difference in law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as the married daughter does not cease to be a part of...
Ratan Tata's Affidavit Shows That Tata Sons Is Not Meant To Be A Family Run Company : Cyrus Mistry's Lawyer In SC
The courtroom battle in the Tata Sons case reached to day 5 of continuous hearings by the parties. A three judge bench headed by Chief Justice of India SA Bobde heard the arguments advanced by Senior Adv. CA Sundaram on behalf of Cyrus Mistry. Mr. Sundaram tendered his arguments on three main points: first, the interpretation of Article 121 and 121A of the Articles of Association of...
Delhi High Court Restrains AIIMS Nurses From Continuing Indefinite Strike
The Delhi High Court today restrained the AIIMS Nurses Union from continuing with their indefinite strike, until further orders, noting that their grievances were already under consideration.The order was passed on a plea by the All India Institute of Medical Sciences (AIIMS), on which the court has issued notice and sought response from the Union.AIIMS argued before the Single Judge Bench...
Any Resolution Passed To Deny Legal Representation To Person Arrested Over 'Free Kashmir' Poster? Karnataka HC Asks Mysore Bar Association
The Karnataka High Court on Tuesday directed the Mysore District Bar Association, to by January 19, 2021, produce on record of the court the resolution, if any, passed by it along with its statement of objections precluding all its members from representing Nalini Balakumar, the student who was indicted on the charges of Sedition for holding a 'Free Kashmir' placard during the...
Summary Eviction Procedure Under Senior Citizens Act Cannot Be Invoked To Defeat Right Of Residence Of Woman In A Shared Household As Per DV Act: Supreme Court
The Supreme Court has held that the Maintenance and Welfare of Parents and Senior Citizens Act has no overriding effect over the right of residence of a woman in a shared household within the meaning of the Protection of Women from Domestic Violence Act.The right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an...
"They Are Doctors, Not Paupers": Supreme Court Asks Centre To Consider Giving A Break To Doctors In Service During Pandemic
The Supreme Court on Tuesday asked the Centre to consider providing a break to doctors who have been consistently serving at the frontline during the pandemic."They are doctors, not paupers! They haven't been given any break for the last few months. Continuous work affects mental health," said a bench of Justices Ashok Bhushan, R Subhash Reddy & MR Shah. Bench said that it will take...
Contempt of Court- Prashant Bhushan Moves Supreme Court Seeking Hearing On Plea For Intra-Court Appeal Before Review Petitions Are Adjudicated
Advocate Prashant Bhushan has moved the Supreme Court seeking a direction from the top court that the two plea's praying review of the orders of conviction for contempt of court be heard after the adjudication of the petition raising the issue of right of appeal.On August 14, 2020 the Supreme Court held Bhushan guilty of contempt of court in the suo moto contempt case taken against him over...
SC To Consider Tomorrow Plea Seeking Extra Chance For UPSC Aspirants Who Gave Last Attempt In Civil Service Exams This Year
The Supreme Court will consider tomorrow a petition filed by civil service aspirants seeking an extra attempt in the UPSC exams for those candidates who had their last attempt in the preliminary exam held in October 2020.The case titled "Rachna Singh v Union of India" is listed before a bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari tomorrow.On September 30, the...
Supreme Court Upholds CCI Order Dismissing Complaints Alleging Anti Competitive Practices By Uber, Ola
The Supreme Court has upheld the order of Competition Commission of India dismissing the complaints alleging cartelization and anti-competitive practices by cab aggregators Uber and Ola.The bench comprising Justices RF Nariman, Krishna Murari and KM Joseph however set aside the NCLAT finding that Samir Agrawal, the informant in this case, had no locus standi to move the CCI in this regard....