Court Can't Decide Disputed Questions Of Facts U/S 11(6) Arbitration Act, Question Of Arbitrability Can Be Examined By Arbitral Tribunal: Gujarat HC

High Court cannot decide disputed questions of facts in a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrator, the Gujarat High Court has held.The Bench comprising Chief Justice Aravind Kumar observed, "All these issues including arbitrability can be examined by the Arbitral Tribunal itself."The observation was made while...

Muslim Girl Over 15 Yrs Of Age Can Enter Into Marriage With Person Of Her Choice: Punjab & Haryana High Court

The Punjab And Haryana High Court last week granted protection to a Muslim Girl (16 Year Old) who married a Muslim boy (21 year old) while noting that she is of Marriageable Age under Muslim Personal Law.Essentially, the Bench of Justice Jasjit Singh Bedi was hearing a protection plea filed by the couple (both Muslims) who solemnized their marriage as per Muslim rites and ceremonies.The...

"Would Benefit 15 Lakhs Residents": High Court Orders Najafgarh Mandi Association To Vacate Delhi Jal Board's Land For Constructing Water Treatment Plant

The Delhi High Court has directed members of a fruits and vegetables sellers association to vacate a land belonging to Delhi Jal Board for construction of 2nd 50 MGD Water Treatment Plant, which would provide relief to the residents of the areas including city's Dwarka Sub-City Najafgarh, Uttam Nagar, Sagarpur, Rajokari and Bijwasan.The association in question is Najafgarh fruits vegetables...

Bombay High Court Warns Principal Chief Commissioners Of Customs For Non-Representation In Cases

The Bombay High Court has warned the Principal Chief Commissioners of customs for non-representation in cases. The division bench of Justice Prithviraj Chavan and Justice K.R. Sriram has expressed anguish that there are so many matters in which the Customs department, either Sea Customs or Air Customs, is involved and nobody appears for them. Therefore, the Court is unable to...

Mere Pendency Of A Civil Suit Is Not An Absolute Bar To A Petition Under Section 11 Of The A&C Act: Bombay High Court

The High Court of Bombay has held that mere pendency of a Civil Suit is not an absolute bar to a petition under Section 11 of the A&C Act as long as the petitioner can withdraw its suit before the defendant file its statement on the issue. The Single Bench of Justice G.S. Kulkarni held that it is also permissible for the Civil Court to consider an application of the plaintiff...

Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court

The Delhi High Court has observed that a plaintiff cannot be entitled for refund of court fees in the event of an application under sec. 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration.Justice Amit Bansal reiterated that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC...

Sex Trafficking Cases Conducted With 'Indifference': Calcutta High Court Orders WB DGP To Transfer Cases To Anti Human Trafficking Unit

The Calcutta High Court has recently expressed its displeasure at the way cases involving sex trafficking of minor girls are being conducted in the State and has accordingly directed the Director General of Police, West Bengal to ensure that such cases are transferred to the Anti Human Trafficking Unit so that they can be investigated by specialised officers, preferably lady officers....

Dispute Arising Out Of Agreements Relating To Property Used Exclusively In 'Trade & Commerce' Constitutes "Commercial Dispute": Gujarat High Court

The Gujarat High Court has held that the acid test to determine whether or not a dispute relating to property is a "commercial dispute" under Commercial Court's Act, 2015 is that the property in question is used "exclusively" in trade or commerce. The Bench comprising Justice NV Anjaria and Justice Samir Dave observed, "Dispute arising out of agreements relating to property used exclusively...

Bombay High Court Weekly Round Up: June 13 - June 19, 2022

Nominal Index [2022 LiveLaw (Bom) 211 - 2022 LiveLaw (Bom) 220] Latabai vs State of Maharashtra & Ors. 2022 LiveLaw (Bom) 211 Anand Singh vs The State of Maharashtra, with connected matters 2022 LiveLaw (Bom) 212 Choice Developers vs Pantnagar Pearl CHS Ltd. & Ors 2022 LiveLaw (Bom) 213 Narayan vs Mrs. Sangita and anr 2022 LiveLaw (Bom) 214 State of Maharashtra vs...

Allahabad High Court Weekly Round Up: June 13 To June 19, 2022

NOMINAL INDEX Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others 2022 LiveLaw (AB) 291 Mokhtar Ansari v. State of U.P 2022 LiveLaw (AB) 292 Prabhakar Pandey Vs. State Of U.P. And Others 2022 LiveLaw (AB) 293Mukesh Bansal v State of UP 2022 LiveLaw (AB) 294 Anoop Kumar Singh And Another Vs. State Of U P And 2 Others 2022 LiveLaw...

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court

The Gujarat High Court has made it clear that Section 33C of the Industrial Disputes Act, 1947, is for the purpose of execution of the award or dealing with the pre-existing right or benefit arising out of the settlement of a workman against his employer. The same does not make way for a Labour Court to enter into an adjudicatory process, giving a finding on disputed facts between...

Rajasthan High Court Weekly Round Up: June 13 - June 19, 2022

Nominal Index [2022 LiveLaw (Raj) 184 - 2022 LiveLaw (Raj) 196] Bhim Saini @ Bhimraj Saini v. State of Rajasthan with other connected matter 2022 LiveLaw (Raj) 184 Raju @ Rajkumar Through His Brother Sh. Sharwarmal v. State & Ors. 2022 LiveLaw (Raj) 185 Sarvjeet Kaur v. State of Rajasthan & Anr. 2022 LiveLaw (Raj) 186 Richa Dharu v. Hemant Panwar 2022 LiveLaw...