Deliberate Departure From Terms Of Contract May Tantamount To A Malafide Action By Arbitrator: Jharkhand High Court

The Jharkhand High Court has reiterated that the arbitrator derives authority from the contract and thus, the award passed by him in manifest disregard to the terms of the contract would be arbitrary in nature. The bench of Justice Anubha Rawat Choudhary remarked that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on the part...

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Diwakar Sharma v Anand Sonbhadra, has held that there is no scope for condonation of delay beyond the period of 15 days much less 45 days, as there is no window available...

Society's Dark Face That Families Still Feel Shy Marrying Their Son/ Daughter Out Of Caste: Allahabad High Court

The Allahabad High Court recently observed that it is society's dark face that Indian families still feel shy to get their son or daughter married to someone from outside their caste.The bench of Justice Rahul Chaturvedi observed thus while dealing with a joint plea filed by a woman (victim) and her husband (accused) seeking to quash the chargesheet filed against the accused under sections...

IT Rules Amendment Empowers Centre To Identify 'Fake News' In Social Media About Central Govt

On 6th April, 2023, the Ministry of Electronics and Information Technology (MeitY), Government of India, notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.The 2023 amendment confers power on MeitY to notify a fact check unit of the Central Government that will identify fake or false or misleading online content in respect to...

'Legally Impermissible' To Quash Rape, POCSO Act Cases On The Basis Of Compromise Between Accused-Victim: Allahabad HC

The Allahabad High Court has observed the quashing of a Rape case or cases POCSO Act on the basis of the compromise entered between the accused and the victim is legally impermissible. The bench of Justice Ajai Kumar Srivastava-I observed thus while it refused to quash a 9 year old rape case filed by the victim against the accused on the ground that the matter had been compromised between...

Ensure Cattle Do Not Feed On Garbage Or Plastic, Can Have Detrimental Effect On Quality Of Milk: High Court To Delhi Govt

The Delhi High Court has directed the national capital government to take steps to ensure clean and hygienic milk is provided to the citizens and that cattle do not feed on plastic or garbage in the national capital A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the cattle feeding on garbage or plastic can have a detrimental effect on the...

Mere Apprehension Of Victim No Ground To Transfer Rape Case From Male Judge: Delhi High Court

The Delhi High Court has observed that mere apprehension of a victim is no ground to transfer a rape case to special courts designated to deal with POCSO cases or those presided by a woman judge.Justice Anish Dayal observed that such a situation would create a precedent which would open floodgates where all rape cases would be required to be transferred to special POCSO courts or to woman...

Memorandum Issued By The Government To Deduct 4% TDS Is Not Ultra Vires To Tripura Sales Tax Act: Supreme Court

The Supreme Court has held that the liability to pay the tax shall be on the transferor who transfers the right to use any goods as per proviso to Section 3(1) read with Section 2(b) and 2(g) of the Tripura Sales Tax Act (TST Act).The division bench of Justice M.R. Shah and Justice Krishna Murari has observed that Rule 3A(2) of the TST Rules and the memorandum issued by the Government to...

“IBC Does Not Contemplate Multiplicity Of Applications Against The Same Personal Guarantor”: NCLAT Chennai

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Union Bank of India v Mr. P.K. Balasubramanian, has held that when the Insolvency Resolution Process commences against a Personal Guarantor, the claims of all Creditors are taken...

Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court

The Calcutta High Court has ruled that the date of execution of a contract between a buyer and a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is irrelevant for the application of the provisions of the said Act. The Facilitation Council would have exclusive jurisdiction to decide on the reference, and to take up the dispute/ refer the same...

Can Seek Indian Citizenship Only After Renouncing Pak Citizenship: Karnataka High Court Rejects Woman’s Plea For Issuance Of Passport To Children

The Karnataka High Court has refused to issue a direction to the Union of India to consider the representation of two minor Pakistani Nationals, for issuance of Indian passport and grant of Indian citizenship to themA single judge bench of Justice M Nagaprasanna dismissed the petition filed by Aisha and Ahmed Mailk and said,“If the law elsewhere i.e., Pakistan does not permit renunciation...

S.138 NI Act | Clarity In Making 'Demand' An Essential Legal Requirement For Cheque Bounce Notices: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently ruled that the statutory provisions in the form of Section 138 Negotiable Instrument Act indicate in unmistakable terms as to what should be clearly indicated in the notice and what manner of demand it should make. Clarity in making the demand is an essential prerequisite for cheque bouncing cases, it emphasised.The observations were made by...