News Updates
Municipal Board Has No Power To Review Its Own Decision Unless Statutorily Provided: Uttarakhand High Court
The Uttarakhand High Court has held that a Municipal Board has no power to review its own decision unless that is provided under the governing statute itself. A Single Judge Bench of Justice Sharad Kumar Sharma observed, "Rather, this Court is of the view that the passing of the impugned resolution by way of exercising a power of review too will not fall to be within a zone...
Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court
The Delhi High Court has observed that the Arbitrator or Tribunal is the final arbiter on facts as well as in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sec. 34 or 37 of the Arbitration and Conciliation Act, 1996. A division bench comprising of Justice Mukta Gupta and Justice Neena Bansal Krishna was dealing with an appeal under sec....
A Document Can Be Treated As A Promissory Note Only When It Is Promissory Both In Form & Intent: Chhattisgarh High Court Reiterates
The Chhattisgarh High Court has emphasized that a document can be treated as a promissory note only when it is promissory both in form and intent. Justice Narendra Kumar Vyas remarked that if the indebtedness is acknowledged in the document that any defined sum of money is payable on demand, only then the document can be said to be a promissory note.A first appeal was filed under Section 96...
ITAT Final Arbiter Of Facts, Its Order Can Be Interfered With Only If There Is Substantial Question Of Law, Manifest Illegality/ Perversity: Delhi HC
Observing that the Income Tax Appellate Tribunal (ITAT) is the final arbiter of the facts, the Delhi High Court has observed that the High Court can interfere with its order only if there is substantial question of law or there is manifest illegality or it suffers from perversity.Justice Manmohan and Justice Dinesh Kumar Sharma was dealing with an appeal challenging the order dated...
Freedom Fighter's Descendant Alleges Harassment For Exposing Corruption In Gujarat Transport Dpt, Seeks High Court's Permission For "Active Euthanasia"
In a writ petition filed before the Gujarat High Court under Article 226 of the Constitution, a man claiming to be a descendant of freedom fighter Namdev Nathu Mahajan has sought permission to commit Iccha Mrytyu i.e., active euthanasia.The Petitioner, 56 years of age, says he was working as a driver in the Gujarat State Road Transport Corporation when he received information and...
Monthly Digest Of Arbitration Cases- April 2022
Supreme Court Arbitrators Must Say Upfront Their Fees For The Number Of Sittings, Opines Supreme Court During Hearing Case Title: Oil and Natural Gas Corporation Ltd. versus Afcons Gunanusa The Supreme Court, while hearing on the issue of fixation of standards for fees for arbitrators, has emphasized on "upfront" fixation of arbitrator's fee. The Bench of Justices D.Y....
Leaked Draft Judgment Of US Supreme Court Indicates Overruling Of Roe v.Wade Abortion Rights Decision
The US Supreme Court is likely to overrule the landmark Roe v. Wade decision that has guaranteed the right to abortion for nearly a half-century according to a leaked draft opinion published online on Monday night by Politico.The leaked draft judgment of Justice Samuel Alito was reported by news portal Politico. According to the report, the draft was circulated among judges on February 10 and...
Monthly Digest Of IBC Cases: April 2022
Supreme Court Wages/Salaries Of Only Those Workmen/Employees Who Actually Worked During CIRP Are To Be Included In CIRP Costs: Supreme Court Case title: Sunil Kumar Jain v Sundaresh Bhatt, Civil Appeal No. 5910 of 2019. A Supreme Court division bench comprising of Justice M.R. Shah and Justice Aniruddha Bose has held that the dues towards the wages/salaries of only...
Entire Court Fee Should Be Refunded When A Pending Civil Case Is Settled Through Lok Adalat: Kerala High Court
The Kerala High Court has laid down that when a dispute in a pending civil case is referred to the Lok Adalat and settled thereafter, the entire court fee already paid by the party is liable to be refunded.Justice V.G Arun found that the 7% reduction of the court fee already paid was not sustainable since such cases were governed by the Legal Services Authorities Act and the Court Fees Act,...
Right Of Redemption Subsists So Long As Mortgage Itself Subsists, Clause To Restrict Period Of Redemption In Conflict With Law: Jharkhand HC
The Jharkhand High Court has affirmed that term of mortgage placing embargo on the redemption of mortgage of property by shortening the period within which the redemption could be sought, is a clog on redemption and as such void.Referring to L.K. Trust v. EDC Ltd., (2011) 6 SCC 780, it reiterated that a right of redemption is an incident of a subsisting mortgage and exists so long as the...
Party Can't Exhaust Alternate Remedy In SC Before Approaching HC U/Art. 227; There Can Be No Appeal From 'Caesar' To 'Mark Antony': Delhi HC
The Delhi High Court has observed that a party cannot be directed to exhaust the alternate remedy available before the Supreme Court before approaching the High Courts under Article 226/227 of the Constitution.Referring to Shakespeare's Julius Caesar, Justice C Hari Shankar said:"There can be no appeal from Caesar to Mark Antony."The Court was dealing with a matter concerning a complaint...
Liability Of Insurer Invited Due To "Involvement" Of Vehicle In Accident, Not Negligence Of Driver Per Se: Punjab & Haryana High Court
The Punjab and Haryana High Court recently while dealing with a matter related to compensation in a motor accident act claim observed that negligence of the driver is not, per se, the reason for inviting liability by such a vehicle. The observation came from Justice Rajbir Sehrawat, who observed that it is the 'use of vehicle' on the road, which per se, invites liability for the owner...