Arbitration Cases Monthly Round-Up: March 2023

High Courts Allahabad High Court: When Arbitration Clause Covers All The Disputes, Jurisdiction Can’t Be Limited To A Particular Dispute: Allahabad High CourtCase Title: Agra Development Authority Agra vs. M/s Baba Construction Pvt Ltd The High Court of Allahabad has held that when the arbitration clause covers all the disputes arising out of the contract within its ambit then...

Govt Employee Has School Going Children, Old Parents Not Ground To Challenge Transfer Order: Rajasthan High Court

The Rajasthan High Court refused to interfere in the transfer order of a government servant by opining that no malafide has been alleged in the transfer order and the contention of the petitioner that he has school going children and old parents cannot be a ground for the Court to interfere in the transfer order.The single judge bench of Justice Vinit Kumar Mathur observed:“No malafide has...

State Has A Duty To Obtain & Produce Credible Evidence Regarding Illegal Mining: Allahabad HC Sets Aside DM’s Order Cancelling Mining Lease

The Allahabad High Court recently set aside an order of the District Magistrate canceling a mining lease as it observed that the inspection report, upon which the entire case against the petitioner stood, was not supplied to the lessee, which constituted a violation of principles of natural justice. The Court also noted that the inspection report in the case was prepared in...

'Violation Of Privacy, Loss Of Reputation': Madras High Court Asks State To Compensate Woman Falsely Implicated In Case Under Immoral Traffic Act

The Madras High Court has directed the State Government to pay a compensation of Rs 2 lakh to a woman who was falsely implicated in a case under the Immoral Traffic Prevention Act 1956.Justice R Vijayakumar of the Madurai bench noted that the State could not shirk its liability by claiming that the officers involved were not performing their official duty. Further, the court rejected the...

Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage

The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Neetha G and Rathnamma and directed the authorities to release the convict Anand. It said...

High Court Seeks Delhi Govt’s Status Report On Formulating SOP For Proceedings Relating To Tree Offences

The Delhi High Court has directed the Delhi government to file an affidavit detailing the progress made in formulating the Standard Operating Procedure (SOP) in respect of proceedings related to offences of damage of trees or violation of any other provision of Delhi Preservation of Trees (DPT) Act, 1994The court was hearing a writ petition filed by senior lawyer Rajiv Dutta seeking...

Banks Have Exclusive Domain On Their Treasury, Discretion To Release Loan Subject To Their Satisfaction, Can't Issue Writ: Patna High Court

In a recent ruling, the Patna High Court dismissed a writ petition seeking a writ of mandamus to direct the Bank authorities to sanction a loan amount of Rs. 25 lakhs.A single judge bench comprising Justice Sanjeev Prakash Sharma held that a writ petition seeking mandamus to release a loan amount from a Bank was not maintainable as Banks have an exclusive domain on their treasury and also...

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities

The Karnataka High Court has directed the Principal Secretary to Department of Rural Development and Panchayat Raj to explore the possibility of making available hybrid hearings through video conferencing, at all quasi judicial authorities. A single judge bench of Justice Suraj Govindaraj said “In this age when courts have also installed hybrid hearings through video conferencing, the...

Karnataka High Court Weekly Round-Up: March 27 To April 2, 2023

Nominal Index:Omkarmurthy And State of Karnataka & Others. 2023 LiveLaw (Kar) 122HEALTHCARE GLOBAL ENTERPRISES LIMITED v. UNION OF INDIA & Others. 2023 LiveLaw (Kar) 123The Principal Secretary & ANR And Tejasco Techsoft Private Limited. 2023 LiveLaw (Kar) 124K. Madal Virupakshappa And State of Karnataka. 2023 LiveLaw (Kar) 125T Roopeshkumar @ Roopi And State of Karnataka. 2023...

Gauhati High Court Orders Centre, Assam Govt To Stop Illegal Mining By Coal India Ltd In Forest Areas Of Digboi Division

The Gauhati High Court recently directed the Union Government as well as the State Government to stop Coal India Ltd. from undertaking mining activities in Saleki Proposed Reserve Forest until all penalties and compensatory levis are deposited and Stage II approval is granted by Ministry of Environment Forest and Climate Change (MoEF & CC).The division bench of the Chief Justice Sandeep...

Raigad Court Discharges Union Minister Narayan Rane In Case Over 'Slap' Remark Against Uddhav Thackeray

The Chief Judicial Magistrate, Raigad-Alibag held that Union Minister Narayan Rane’s “slap” remark against former CM Uddhav Thackeray was unparliamentary, but did not amount to criminal intimidation or promoting enmity between two groups.“He made unparliamentary remark against the then Chief Minister of the State and being an influential figure in the political arena and having...

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations.A bench comprising...