Petition Under S. 11(6) Of The A&C Act Would Be Premature When The Precondition Of Conciliation Is Not Fulfilled: Karnataka High Court

The High Court of Karnataka held that the petition under Section 11(6) of the A&C Act would be premature when the parties have not complied with the precondition of conciliation. The Bench of Chief Justice Ritu Raj Awasthi dismissed the arbitration petition for the appointment of an arbitrator on the ground that the petitioner had directly approached the Court without taking...

Allahabad High Court Takes Cognizance Of Pendency Of Cases In UP Revenue Courts, Seeks Response Of UP Govt, State Bar Council

The Allahabad High Court has taken cognizance of the issue of pendency of cases in revenue courts of Uttar Pradesh and has sought the response of the Uttar Pradesh government and the state bar council over the steps taken by them to ameliorate and ease the grave situation.The Bench of Justice Jaspreet Singh has sought the responses of the Chief Secretary (Revenue), State of U.P., Chairman,...

Prophet Remark Row: Advocate Writes To Calcutta High Court CJ For Urgent Hearing Of PIL Seeking Deployment Of Central Forces In WB Over Violent Protests

A letter has been addressed to the Chief Justice of Calcutta High Court on Saturday seeking immediate constitution of a Bench to urgently adjudicate upon a Public Interest Litigation (PIL) seeking deployment of central forces in light of the ongoing protests in Howrah against remarks by BJP leaders against Prophet Mohammed. According to reports, violence erupted at several places in...

Party Can Raise Additional Grounds Based On The Award Passed After The Case Is Remitted To Tribunal Under Section 34(4) Of A&C Act: Delhi High Court

The Delhi High Court has ruled that an order passed by the Arbitral Tribunal, after the matter is remanded back to it by the Court under Section 34(4) of the Arbitration and Conciliation Act, 1996 (A&C Act), is not a fresh arbitral award that can be challenged by filing a separate petition under Section 34(1). The Court observed that during the pendency of the proceedings...

Compensation Awarded For Property Acquired For Bullet Train Project Not Taxable: Bombay High Court

Compensation or income received by certain land-owners on account of the property acquired by the National Hi-Speed Rail Corporation Ltd (NHSRCL) for the Mumbai-Ahmedabad bullet train project through private negotiations and sale deed is exempted from tax, the Bombay High Court has held. A division bench of Justices S V Gangapurwala and M G Sewlikar observed that merely...

Assessee Should Be Given Opportunity To Produce Evidence Which Has Impact On Tax Liability : Calcutta High Court

The Calcutta High Court bench has held that assessees should be given the opportunity to produce evidence which has an impact on tax liability. The division bench of Justice Debangsu Basak and Justice Bibhas Ranjan De has observed that tax authorities must adjudicate upon the tax liability in accordance with the law. Similarly, if the assessee is unable to present certain evidence...

NCLT Closes The Right To File Reply Due To Delay, NCLAT Delhi Allows Appeal And Directs To Take Reply On Record

The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Ashok Kumar Mishra (Technical Member), while adjudicating an appeal in Samyak Metals Pvt. Ltd. v Ugro Capital Ltd., has permitted taking on record of a Reply, which was allegedly lying with the Registry for over 50 days for curing of defects and...

Allahabad High Court Quashes Order Transferring A Nationalised Bank Employee Whose Wife Is Having 100% Disability

The Allahabad High Court recently quashed an order transferring an employee of the Central Bank of India from one place to another as it noted that his wife is a permanently disabled person having 100% disability.The Bench of Justice Rajesh Singh Chauhan noted that as the husband (employee) is the caregiver of her wife [as defined under Section 2 (d) of the Rights of Persons with...

Right To Education Under RTE Act Cannot Be Unconditionally Enforced Against Private Unaided Schools: Delhi High Court

The Delhi High Court has observed that while the Right of Children to Free and Compulsory Education Act, 2009 guarantees the right to education, however, it nowhere provides that the said right can be unconditionally enforced against a private unaided school.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta upheld the validity of Rules 35 (Striking off...

Summoning Of Accused A Serious Matter, Criminal Law Cannot Be Set Into Motion As A Matter Of Course: Delhi High Court

The Delhi High Court has observed that summoning of an accused in a criminal case is a serious matter and that the Criminal law cannot be set into motion as a matter of course. Justice Chandra Dhari Singh further added that a Magistrate is the silent spectator at the time of recording of preliminary evidences before summoning of the accused and must carefully scrutinize the evidence brought...

Ouster Of HC's Jurisdiction Must Be Explicit, Not Implied: Petitioners Before Madras High Court FB Favour Concurrent Jurisdiction In Child Custody Cases

A Full Bench of the Madras High Court on Friday commenced hearing a matter pertaining to the original jurisdiction of High Court to hear child custody and guardianship matters, owing to the advent of the Family Courts Act, 1984.A bench comprised of Justice PN Prakash, Justice R Mahadevan, Justice M Sunder, Justice N Anand Venkatesh and Justice AA Nakkiran was constituted to answer following...

Constitutional Court Not Constrained By Procedural Law Unless There Is Specific Prohibition: Punjab & Haryana High Court

Punjab and Haryana High Court, while dealing with an application for review of a judgment wherein revision petition filed by the plaintiff in an agreement to sell matter was dismissed, held that the Court has sufficient powers under Article 227 of the Constitution of India as well as Section 151 of CPC to prevent the ends of justice from being defeated.The court was hearing a case where...