The Arbitral Tribunal Cannot Reduce The Liquidated Damages On 'Guess Work': Delhi High Court

The High Court of Delhi has held the arbitral tribunal cannot reduce the liquidated damages on 'guesswork' if it finds that it is genuine pre-estimated damages and it is not possible to quantify the damages. The Single Bench of Justice Bakhru held that once the arbitrator finds that the employer has suffered substantial losses due to the fault of the contractor and the contract...

DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC

The Delhi High Court has observed that the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household" under Domestic Violence Act. Justice Prateek Jalan observed thus:"Just as the woman living fleetingly or casually at different places, would not convert...

Bank Account Of Any Of The Relatives Of An Accused Can Be Seized U/S 102 CrPC: Jammu & Kashmir & Ladakh High Court

The Jammu and Kashmir and Ladakh High Court has clarified that the bank account of any of the relations of an accused (of an offence being probed into) falls within the definition of property under Section 102 CrPC.The Bench of Justice Sanjay Dhar further observed that a police officer, during the course of the investigation, can seize or prohibit the operation of the said account of...

Kalkaji Temple Redevelopment: Delhi High Court Directs Erection Of Boundary Wall To Prevent Encroachments By Vendors, Unauthorised Occupants

Observing that the entire process of redevelopment of the Kalkaji temple would be severely jeopardized if encroachments happen on a daily basis either by vendors or any other unauthorized occupants, the Delhi High Court has directed erection of boundary wall surrounding the temple premises in order to prevent such encroachments.Justice Pratibha M Singh was dealing with a bunch of pleas...

Allahabad High Court Dismisses Actress Jaya Prada's Plea Challenging Mohd Azam Khan's Win In 2019 Lok Sabha Election

The Allahabad High Court on Friday dismissed an election petition filed by actress Jaya Prada challenging the election of Samajwadi Party leader Azam Khan from the Rampur parliamentary constituency.The Bench of Justice Saumitra Dayal Singh dismissed the plea for want of prosecution that is to say in the absence of the counsel for Jaya Prada. All pending applications were accordingly...

Telangana High Court Refuses To Quash FIR Against Vikram Limaye & Priya Subbaraman In Anugrah Stock & Broking Case

The Telangana High Court recently ruled that the proceedings against Vikram Limaye & Priya Subbaraman in Anugrah Stock & Broking Case cannot be quashed under Section 482 CrPC if the role played by them in the commission of the offence is unclear and the investigation is not completed. The power under Section 482 has to be sparingly used to quash FIR. Brief Facts of the...

Can Medical Assessment & Rating Board Recommend Cancellation Of Admission Of Students? Rajasthan High Court To Consider

Rajasthan High Court is set to determine whether the Medical Assessment & Rating Board (MARB) can recommend for cancellation of admission of the students in various medical courses.The question has arised in the background of several writ petitions filed by medical colleges and its students, challenging the recommendations made by MARB for withdrawal of letter of permission, cancellation...

Decriminalisation Of Attempt To Commit Suicide Is The General View Of Courts: Kerala High Court Drops Charges U/S 309 IPC

The Kerala High Court recently quashed all charges pending against a Village Officer who attempted to commit suicide and was booked under Section 309 of the Indian Penal Code (attempt to commit suicide). After an elaborate study of the general judicial opinion on the issue, Justice K. Haripal observed that the growing trend was in favour of decriminalisation of the offence since...

Corporate Insolvency Resolution Process Can Be Resume On Failure Of Settlement Agreement: NCLAT Chennai

NCLAT Chennai bench comprising of Justice M Venugopal and Mr. Kanthi Narahari in the case of ICICI Bank versus OPTO Circuits (India) limited held that Corporate Insolvency Resolution Process (CIRP) can be revive/resume in case of failure of settlement agreement between the parties. ICICI Bank filed an appeal before NCLAT Chennai under Section 61 of the Insolvency & Bankruptcy...

Parole | Humanist Approach Needs To Be Taken To Encourage Offenders To Demonstrate Commitment To Society: Delhi High Court

The Delhi High Court has observed that while granting parole, a humanist approach needs to be taken affording convicts an opportunity to resolve their personal and family issues and to encourage offenders to demonstrate a commitment in relation to the society.Justice Anoop Kumar Mendiratta also added that that parole is a relief granted by the State which goes a long way for redemption...

All High Courts Weekly Round-Up [18 April 2022- 24 April 2022]

Allahabad High CourtNOMINAL INDEX Shahida v State Of U.P. And 3 Others 2022 LiveLaw (All) 183 Pawan Singh And Another v. State of U.P. 2022 LiveLaw (All) 184 Indian Farmers Fertilizers Cooperative Ltd. v. Manish Engineering Enterprises 2022 LiveLaw (All) 185 Naushad Ali (Second Bail Application) v. State Of U.P.Thru Prin.Secy Home Lucknow 2022 LiveLaw...

Use Of Registered Mark By Competitors As Keyword In Google Ads Program Prima Facie Infringement Under Trademarks Act: Delhi High Court

The Delhi High Court recently granted injunction in favour of Make My Trip while observing that use of its registered mark by competitors even as metatags is an infringement under Trademarks Act and that third party bidding on trademarks as sponsored keywords for use by internet search engines can constitute misrepresentation. The observation was given by Justice Prathiba M....