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...

MV Act | Delay In Lodging FIR Cannot Be Main Ground For Rejecting Claim For Compensation: Andhra Pradesh High Court

Dismissing an appeal filed by an insurance company against award of compensation in a road accident case, the Andhra Pradesh High Court said the delay in lodging FIR cannot be the main ground for rejecting the claim petition. The company had argued that the FIR was lodged two days after the accident, as an afterthought to claim compensation.The bench of Justice T. Mallikarjuna Rao...

KCS Act | Registrar Can’t Appoint Special Officer U/S 31(1) On Account Of Resignations If They Are Withdrawn Within 15 Days: Karnataka High Court

The Karnataka High Court has said that if resignations tendered by Directors of a cooperative society are withdrawn within 15 days, then there is no resignation which can be said to have been taken place and the Registrar of Cooperative Societies, under the Karnataka Cooperative Societies Act, in such circumstances cannot appoint a Special Officer for the society.A single judge bench of...

'Democratic Right Of Citizens To Protest & Persuade': Bombay HC Quashes FIR Against Green Activist Who Sent Messages To Metro Director To Save Aarey Forest

In a significant judgement on the use of technology to protest, the Bombay High Court has rapped the Mumbai police for booking a green activist alleging harassment over messages sent to IAS officer Ashwini Bhide in 2018 against felling of trees at Aarey Colony for the Metro III car shed.A division bench of Justices Sunil Shukre and MM Sathaye quashed the FIR registered at the Bandra-Kurla...

Gauhati High Court Directs State To Explain Why Foreigners Tribunal Ignored Woman's Plea That Show Cause Notice Wasn't Intended For Her

The Gauhati High Court recently directed the Assam Government to show cause with regard to the order of a Foreigners Tribunal which directed a woman, instead of the suspected foreigner to whom notice was originally intended, to discharge the burden that she is not a foreigner.The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:“The respondents in the...

Bombay High Court Refuses Immediate Relief To Advocate Gunratan Sadavarte Over License Suspension, Asks Him To File Appeal Before BCI

Observing that an alternate statutory remedy was available, the Bombay High Court on Thursday refused to immediately intervene in the plea filed by controversial Advocate - Gunratan Sadavarte - against the Bar Council of Maharashtra and Goa’s order suspending his license to practice for two years.However, the bench led by Justice Gautam Patel said it was “not completely shutting its...

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’

The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”. Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”. “It appears that the endeavour of the plaintiff is to claim that, 'pe' may connote 'payment' but, in its registered trademark, it refers to the colloquial...

Manipur High Court Directs State To Decongest Traffic Near Old Secretariat, Complete Construction Of New Secretariat Building In 3 Months

The Manipur High Court on Thursday directed the state government to decongest the traffic on national highway in front of the Old Manipur Secretariat by making arrangements for proper parking of vehicles on both sides.The direction came to be passed by a bench comprising Acting Chief Justice M.V. Muralidharan and Justice A. Guneshwar Sharma while hearing a Public Interest Litigation filed...

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital

A plea has been filed in the Delhi High Court seeking directions for the Union of India and Delhi government to consider enacting the Advocates Protection Act in the national capital. The petition filed by lawyers Deepa Joseph and Alpha Phiris Dayal alleges that there is an "alarming rise" in incidents of violence inside the court premises of different district courts in Delhi. The petition...

Trial In Delhi Riots UAPA Case Likely To Commence Soon As 'Supply Of Documents' Stage Concluded For All Accused, Except One

The trial in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots is likely to commence soon as a Delhi Court has concluded the stage of supply of documents under section 207 of CrPC in respect of the accused persons, except Devangana Kalita. This would mean that the trial court will now proceed to the stage of framing of charges against 18 accused persons, more than...