News Updates
Arbitral Award A Nullity If Passed Beyond Prescribed Period: Telangana High Court
The Telangana High Court has held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) are cast in mandatory terms and the mandate of the arbitrator terminates under Section 29A(4) after the expiry of the prescribed period, making the arbitrator functus-officio and the award passed by him a nullity. The Bench, consisting of Justice P. Naveen...
Writ Petition Is Maintainable Against The Award Of The MSME Council Which Failed To Give A Hearing On Limitation : Orissa High Court
The High Court of Orissa has observed that a writ petition is maintainable against an award rendered by the MSME Council under S. 18 of the MSMED Act wherein the petitioner was not given a hearing on a material issue regarding the limitation of the substantive claims. The Single Bench of Justice Arindam Sinha has observed that in cases where an award is passed without hearing a party,...
Woman Facing Trial In Gadchiroli Blast Case Dies In Hospice After Prolonged Illness
Nirmala Uppuganti (59) – an alleged Naxalite and prime accused in the Gadchiroli IED blast case of 2019 passed away on Saturday at a hospice that cares for the terminally ill (incurable). Seven months ago, the ailing inmate was shifted out of the confines of Byculla prison to Shanti Avedna, following orders of the Bombay High Court. She passed away at 10.35 am on April 9 and is...
'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable.The remarks were made by Justice Vijay Bishnoi after a counsel, appearing for the petitioner in the matter, insisted that the case be transferred to...
Minister Can't Interfere In Zilla Parishad Administration and Order Teacher's Transfer Merely Because Complaint Was Also Made To Him: Bombay High Court
A Rural Development Minister doesn't have the power to interfere with the affairs of the Zilla Parishad by cancelling the transfers orders of teachers merely because a teacher complained to him, the Bombay High Court has said. The court observed that the Minister's order directing the Zilla Parishad CEO to cancel the transfer of certain teachers was without jurisdiction, therefore...
Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC: Delhi High Court
The Delhi High Court has observed that there cannot be a partial rejection of a suit under Order VII Rule 11 of Code of Civil Procedure. Justice Amit Bansal was dealing with two applications filed under Order VII Rule 10 and Order VII Rule 11 of the CPC in a trademark infringement suit. The suit was filed seeking mandatory and permanent injunction against the defendants restraining them...
Court Can't Suggest Alternatives When An Educational Agency Has Already Taken A Policy Decision: Kerala High Court
The Kerala High Court has established that where a policy decision has been given effect to through a scheme announced by an educational agency, it would not interfere or suggest alternate policies for adoption by the said educational agency.A Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Mohammed Nias C.P. however permitted a student who attended an urban school to...
'We Will Examine': Delhi High Court On Alleged Sexual Harassment Of Female Lawyer At Tier-1 Law Firm
The Delhi High Court on Wednesday said it will examine the allegations pertaining to sexual harassment and criminal intimidation of a female lawyer at a tier-1 law firm.The issue was mentioned before a Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla during the post-lunch session.A female lawyer, also claiming to be a victim of sexual harassment herself, urged that...
On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court
The High Court of Orissa has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the parties would be the Commercial Court as defined under the Commercial Courts Act which need not necessarily be the Principal Civil Court as provided under the Arbitration Act. The Court observed that the jurisdiction of the...
"Gujarat Is Preparing For 2036 Olympics": Advocate-General Submits Before Gujarat High Court
The Gujarat Government has informed the Gujarat High Court that the state is preparing for the 2036 Olympics and representatives from the International Olympic Committee is are set to visit the state in the year 2025.The Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri was informed about the plan of the state government yesterday by the Advocate General, Kamal Trivedi in...
Filing Of Revocation Petition Can Be Done At Any Time When Such Person's Interest Either Arises Or Continues During Term Of Patent: Delhi High Court
The Delhi High Court has observed that filing of a revocation petition could be done at any point in time when such a person's interest either arises or continues during the life or term of the Patent. Justice Pratibha M Singh was dealing with a plea raising a question as to whether revocation petitions are subject to any limitation period under the Limitation Act?The Court held that since...
"Nothing Sudden About Implementation Of Policy": Delhi High Court Dismisses Appeal Against Minimum 6 Yrs Age Criteria For Class 1 Admission In KVS
Noting that there was nothing sudden about the implementation of the policy, the Delhi High Court has refused to interfere with minimum age criteria of 6 years for admission in class 1 in Kendriya Vidyalayas for the academic year 2022-23.A bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla dismissed an appeal against a single judge order which had dismissed a bunch...