News Updates
S.11 Arbitration Act | Interested Party Cannot Appoint An Arbitrator To Decide Disputes Between Parties: Calcutta HC
The Calcutta High Court on Tuesday while adjudicating upon an application under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) held that it a settled law that neither an interested party can be appointed as an arbitrator nor can the said interested party appoint an arbitrator to decide the disputes between the parties.Justice Shekhar B. Saraf observed, ".. a sole arbitrator...
"Deposit ₹25K In UP Gosewa Ayog": Allahabad High Court Imposes Bail Condition On Man Booked Under 'UP Cow Slaughter Act'
The Allahabad High Court recently granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955 on the condition that she shall deposit Rs. 25,000/- in 'UP Gosewa Ayog, Lucknow' within four weeks from the date of his release from jail.The bench of Justice Saurabh Lavania issued this order while granting bail to one Sonu Kasai, who was booked under Sections 3/5/8...
Delhi High Court Weekly Round Up: May 16 To May 22, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 450 TO 2022 LiveLaw (Del) 482Case Title: ASHISH v. CENTRAL BUREAU OF INVESTIGATION 2022 LiveLaw (Del) 450Case Title: DR VIMLA MENON AND ANOTHER v. GOPINATH MENON 2022 LiveLaw (Del) 451Case Title: RASHI MISRA v. B KALYANA RAMAN 2022 LiveLaw (Del) 452Case Title: National Highway Authority of India versus MEP Chennai Bypass Toll Road Pvt. Ltd. &...
Shiksha Karmis In Chhattisgarh Cannot Claim Parity In Pay-Scale With That of Municipal Teachers: Supreme Court
The Supreme Court held that Shiksha Karmis in Chhattisgarh cannot claim parity in pay-scale with that of Municipal teachers on the principle of equal pay for equal work.In this case the writ petitioners before the High Court of Chhattisgarh were appointed as Shikha Karmis under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998. Their writ...
'Ragging Is Antithetical To Equality': Calcutta HC Orders University Students To Pay Medical Expenses Of Injured Students, Engage In Community Service
The Calcutta High Court on Thursday directed students of a university who had been found to have engaged in ragging to pay for the medical treatment of the injured students and also participate in community service by teaching school students in a bid to deter the repetition of such acts. Justice Moushumi Bhattacharya came down heavily on the errant students by observing, "The petitioners...
Weekly Round-Up of Tax Cases: May 15 To May 21
Supreme Court GST Council Recommendations Not Binding On Centre & States; Both Parliament & State Legislatures Can Legislate On GST : Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw (SC) 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council are not binding on...
Registrar Of The Jharkhand Cooperative Society, Who Also Is The Ex-Officio Director Of The Respondent, Jharkhand High Court Says Appointment As Arbitrator Not Barred As Parties Had Agreed Earlier
The Jharkhand High Court has ruled that just because registration was granted to a party by a State Cooperative Society, presumption against the independence and impartiality of the Registrar of the said State Cooperative Society to act as an Arbitrator cannot arise. The Single Bench of Justice Sujit Narayan Prasad held that by merely raising apprehension regarding the independence...
The Arbitrator Cannot Allow Forfeiture Of A Substantial Amount Of Consideration Without Proof Of Actual Loss Solely On The Ground That It Was Earnest Money: Delhi High Court
The High Court of Delhi has held that the arbitrator cannot allow forfeiture of a substantial amount of consideration without the proof of actual loss solely on the ground that it was referred to as Earnest Money under the contract. The Single Bench of Justice Vibhu Bakhru partly set aside an award on the ground that the arbitrator wrongly allowed the forfeiture of Earnest Money...
Delhi High Court Notifies Arrangement Of Hearing Urgent Matters During Summer Vacations 2022
The Delhi High Court has notified it's arrangement of hearing urgent matters during summer vacations, 2022 commencing from June 6 to July 1, 2022. The arrangement is in the following terms:- Justice Manoj Kumar Ohri and Justice Poonam A. Bamba: June 4 to June 10- Justice Jyoti Singh and Justice Anoop Kumar Mendiratta: June 11 to June 17- Justice Jasmeet Singh and Justice Dinesh Kumar Sharma:...
Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC
The Allahabad High Court recently observed that a wife doesn't lose her opportunity for grant of maintenance under Section 125 CrPC on the ground that she has sufficient means to maintain herself and her children as she got money after selling the property.With this, the Bench of Justice Brij Raj Singh set aside the judgment and order passed by the family court rejecting the plea of one...
"Feeling Of Hurt Felt By An Individual Cannot Represent Entire Community": Delhi Court Grants Bail To DU Professor Arrested Over Post Relating To Gyanvapi Mosque
A Delhi Court on Saturday granted bail to Ratan Lal, a professor of history at Delhi University, arrested over a social media post in relation to the recent controversy regarding Gyanvapi Mosque, after observing that the feeling of hurt felt by an individual cannot represent entire group or community.Ratan Lal was arrested under sec. 153A and 295A of Indian Penal Code for posting...
Gujarat High Court Grants Bail To Man Accused Of Abetting Suicide Of Mentally Depressed Wife By Demanding Dowry
The Gujarat High Court has recently granted bail to a man accused under Sections 306, 498A and 506(2) of the Indian Penal Code and under Sections 3 and 4 of the Prohibition of Dowry Act for abetting the suicide of his wife by demanding dowry.A Bench comprising Justice Gita Gopi observed that given the fragile mental state of the deceased person and the fact that the trial would take...