News Updates
Proceedings Under Section 9 Of A&C Act Cannot Be Used For Enforcement Of The Conditions Of A Contract: Gujarat High Court
The Gujarat High Court has ruled that issues involving enforcement of the conditions of a Franchise Agreement cannot be the subject matter of an application for interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Bench, consisting of Justices N.V. Anjaria and Samir J. Dave, held that conditions of a contract can be enforced only when...
Bombay High Court To Hear Sameer Wankhede's Plea Challenging Nawab Malik's Locus In Caste Scrutiny Complaint
The Bombay High Court on Thursday asked the Maharashtra Government and Mumbai District Caste Certificate Scrutiny Committee to file its reply in two weeks in a petition by former NCB officer Sameer Wankhede challenging the locus standing of state cabinet minister Nawab Malik, who filed the complaint against him. In a separate petition, Wankhede has also challenged the show cause...
If 'Value of Commercial Dispute' Is More Than Rs. One Crore, Section 9 Application Under A&C Act Would Lie Only Before The Commercial Court: Telangana High Court
The Telangana High Court has ruled that if a dispute constitutes a 'commercial dispute' under Section 2 (1) (c) (vii) of the Commercial Courts Act, 2015, and the dispute is the subject matter of a domestic arbitration whose 'Specified Value' is more than Rs. One Crore, then an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) would lie only before...
Kerala High Court Asks Prosecution To Produce Case Diary In Vijay Babu's Pre-Arrest Bail Plea
The Kerala High Court on Thursday continued hearing the anticipatory bail plea moved by Malayalam actor-producer Vijay Babu in the case where an actress accused him of sexually exploiting her.Justice Bechu Kurian Thomas asked the prosecution to produce the case diary in the matter while posting it tomorrow to conclude the arguments of the actor. The prosecution concluded its arguments...
No Claim Certificate By Employee To Employer Under Compulsion Or Not, Issue Is Arbitrable: Telangana High Court
The Telangana High Court has ruled that the issue whether a no claim certificate furnished by a party to its employer was under compulsion or duress, or whether the said no claim certificate is valid, which would discharge the contract and debar the party from raising further claims, is an arbitrable dispute. The Single Bench of Justice Ujjal Bhuyan held that in view of the decision...
Appeal Filed By A Struck Off Company Against The Revenue Department Is Maintainable: ITAT Delhi
The Delhi Bench of ITAT has ruled that an appeal filed by a Company against the order passed by the revenue department does not become infructuous if, thereafter, the Company has been struck off from the Register of Companies. The Bench, consisting of Yogesh Kumar U.S. (Judicial Member) and B. R. R. Kumar (Accountant Member), held that a Certificate of Incorporation issued to a...
Operation Of Roads Within Defence Area Absolute Domain Of Defence Authorities: Gujarat High Court
Observing that it is the 'absolute domain' of the Ministry of Defence to decide the opening or closing of the road which falls in the defence area, the Gujarat High Court has refused to grant relief to the Petitioners complaining that blocking of a road by the defence authorities was causing them hardship in approaching their society / homes."...It is for the army authorities...
'Slow & Directionless Investigation': Calcutta High Court Orders IPS Led SIT To Probe Into Alleged Dowry Death Of 25-Yrs-Old Rasika Jain
The Calcutta High Court on Tuesday ordered the setting up of a special investigating team (SIT) to investigate the death of a 25-year-old woman Rasika Jain, who had fallen from the third-floor terrace of her in-law's house in February 2021, following which her family members complained of foul play.They moved the High Court claiming that the police were not properly pursuing the case and...
Kerala Education Rules | Right To Preferential Appointment Expires Once Claimant Is Appointed In Any Future Vacancies: HC Full Bench Differs From Precedent
The Kerala High Court has ruled that the right to preferential appointment obtained by a claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules (KER) does not continue to be available to them once this right has been effectuated through an appointment in future vacancies that arise in any category of teaching posts under the same educational agency.A Full Bench of Justice...
Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court
The Karnataka High Court has held that a wife calling her husband an impotent without legally substantiating the same by itself would amount to cruelty within the meaning of Section 13(ia) of the Hindu Marriage Act. A division bench of Justice S. Sunil Dutt Yadav and Justice K.S. Hemalekha, while setting aside the family court judgment which had dismissed the petition filed by the...
"Media Trial Not Permissible In Law": NBDSA Orders News Channels To Remove 'Sensationalist' Videos About Umar Khalid
The News Broadcasting and Digital Standards Authority (NBDSA) on Tuesday directed Zee News, Zee Hindustan, India TV, Aaj Tak, and News18 to take down certain shows/videos broadcast by them in 2020 pertaining to former JNU student and UAPA accused Umar Khalid which misreported and misrepresented facts about him.The NBDSA, which is a self-regulatory body of private TV channels headed by...