News Updates
Order for Interim Compensation Under NI Act Can Be Enforced As 'Public Demand' Under Bihar & Orissa Public Demands Recovery Act: Patna High Court
In a significant decision, the Patna High Court has ruled that an order for payment of interim compensation under the Negotiable Instruments Act, 1881 ('the NI Act') can be enforced under the Bihar & Orissa Public Demands Recovery Act, 1914 ('the Recovery Act') as a 'public demand'. A Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar held, "The interim...
Woman Sues Son And Daughter In Law For Grandchild, Seeks Rs 5 Crore Compensation
A woman has approached the Haridwar District Court, against her son and daughter-in-law seeking Rs 5 crores in compensation, if the couple fail to give her a grandchild within the next year. She has accused the couple of mental torture for not planning a child in a case filed under section 12 of the Domestic Violence Act. According to the woman, she and her husband got...
Delhi District Courts Directed To Permit Hybrid/ VC Hearings At The Request Of Counsel Or Parties On All Working Days
The Delhi High Court has directed all the district courts to permit hybrid or virtual conferencing hearings on all working days at the request of the parties or their counsel. The circular issued by the Registrar General of the High Court yesterday states that the Acting Chief Justice and Judges of the High Court have directed that the District Courts in the city, shall permit hybrid or...
Can Transit Anticipatory Bail Be Granted For Offences In Other States? Bombay High Court Refers To Larger Bench
The division bench of the Bombay High Court referred to a full bench the question whether the trial courts or High Courts can grant transit anticipatory bail to an accused when the offence against him is registered in another state, beyond the court's jurisdiction. A division bench of Justices S S Shinde and S V Kotwal widened the scope of the reference by adding issues like whether...
Gravity Can Only Beget Length of Sentence: Himachal Pradesh High Court Grants Bail In A Case For Misappropriation Of Government Scholarship Scheme Funds
The Himachal Pradesh High Court has recently held that even if there strong evidence about a socio-economic offence of serious magnitude, 'gravity can only beget length of the sentence' provided in law after the trial. Granting bail in a case of misappropriation of a government scholarship fund Justice Jyotsna Rewal Dua noted that, "Grant of bail cannot be thwarted merely by asserting...
Arbitral Tribunal Framing An Issue Which Was Already Decided During Interim Award, Writ Maintainable :Meghalaya High Court
The High Court of Meghalaya has held that a writ petition is maintainable against an order of the arbitral tribunal framing issue in respect of a claim that has finally been decided in the interim award. The Single Bench of Justice H.S. Thangkhiew has held that an arbitrator would be acting without jurisdiction if it frames an issue qua a claim that has already been decided in...
Court Cases- Rajya Sabha MP P Wilson Writes To Union Health Minister To Postpone NEET PG 2022 Exams
Mr. P Wilson, Senior Lawyer, and Rajya Sabha MP recently wrote to the Union Minister for Health and Family Welfare Mansukh Mandaviya requesting to postpone the NEET PG 2022 Examinations by at least 6 to 8 weeks thereby allowing students sufficient time to prepare and appear for these exams.Mr. Wilson discussed how the process of admissions through NEET PG 2021 was delayed due to the pendency...
Refusal To Delete Name Of A Party From The Arbitral Proceedings Is Not The Rarest Of Rare Case To Invoke Writ Jurisdiction : Orissa HC
The High Court of Orrisa has held that a writ petition is not maintainable against an order of the arbitral tribunal refusing to delete the name of a party from the arbitration. The Single Bench of Justice Arindam Sinha has held that to invoke the writ jurisdiction in an arbitration matter, the aggrieved party has to show that it is a 'rare of the rarest cases' and the interference...
Section 65-B Of Indian Evidence Act Does Not Apply To Arbitral Proceedings: Delhi High Court
The High Court of Delhi has held that Section 65-B of the Indian Evidence Act, 1872 does not apply to arbitral proceedings. The Single Bench of Justice Vibhu Bakhru held that although the principles of the Evidence Act usually apply, sensu stricto, the specific provisions of the Act do not apply. The Court further held that an objection as to the non-compliance with...
Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable And Perverse: Delhi HC
The Delhi High Court has ruled that abrupt issuance of orders by the Arbitral Tribunal terminating the arbitral proceedings under Section 25 (a) of the Arbitration and Conciliation Act, 1996 (A&C Act), without holding any hearing and without issuing any show cause notice, is unsustainable and suffers from perversity of approach. The Single Bench of Justice Prateek Jalan held that...
Bonafide Mistake In Selection Of Wrong ODC Vehicle Type While Generating E-Way Bill: Gujarat High Court Quashes Detention Order
The Gujarat High Court has quashed the detention order as there was a bonafide mistake in the selection of the wrong ODC vehicle type while generating the e-way bill.The division bench of Justice J.B. Pardiwala (as then was) and Justice Nisha M. Thakore observed that the goods were in transit with all the necessary documents, including the E-way bill generated from the GST portal....