News Updates
Admitting Jurisdiction In The Pleading Enough For ‘ Express Agreement’ Under Section 12(5) Of The A&C Act: Calcutta High Court
The High Court of Calcutta has held filing of pleadings before the arbitral tribunal and agreeing to the jurisdiction of the tribunal therein satisfies the requirement of ‘express agreement’ given under proviso to Section 12(5) of the Act. Section 12(5) of the Arbitration and Conciliation Act, 1996 provides that notwithstanding any prior agreement to the contrary, any...
S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156(3) CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust that task to the Police."If it is alleged...
All Unilateral Appointments Are Not Invalid Unless The Appointed Arbitrator Falls Within 7th Schedule: Calcutta High Court
The High Court of Calcutta has held that all unilateral appointment of arbitrator are not invalid per se unless the arbitrator’s relationship falls within the Seventh Schedule to the A&C Act. The bench of Justice Moushumi Bhattacharya distinguished between an arbitration clause that permits unilateral appointment of arbitrator and a clause that provides for arbitration before...
Validly Signed Blank Cheque Towards Some Dues Would Attract Presumption In Favour Of Payee U/S 139 NI Act: Karnataka High Court
The Karnataka High Court has said that even if a blank cheque leaf, validly signed, is handed over by accused, which is towards some payment, it would attract presumption under Section 139 of the Negotiable Instruments Act, in absence of any cogent evidence to show that the cheque was not issued in discharge of a debt.A single judge bench of Justice Ramachandra D Huddar observed this...
Just Because A Driver Is Holding Valid Licence For LMV Doesn’t Mean He Is Authorised Or Competent To Drive A Two-Wheeler As Well: Delhi High Court
The Delhi High Court has set aside the award passed by a Motor Accidents Claims Tribunal (MACT) where it had refused to grant recovery rights to the Insurance Company against the driver/owner of a two-wheeler involved in an accident.While rejecting the insurance company's argument that it is not liable to pay anything as the rider was not holding a valid licence to drive the two-wheeler, the...
6th UGC Scheme - Teacher Who Availed Advance Increments Based On M.Phil Can't Seek Increments Based On Subsequently Acquired Ph.D : Kerala HC
The Kerala High Court has held that a teacher, who entered service with M.Phil and was awarded two advance increments on the basis of the M.Phil degree, and who subsequently acquired Ph.D while in service, would not be entitled to three additional non-compounded increments provided in the State Government order based on the Sixth UGC Scheme.A Division Bench comprising Justice P.B. Sureshkumar...
CBDT Circular Disallowing Expenses Incurred On Granting Freebies To Doctors, Not Applicable To A/Y 2008-09: Bombay High Court
The Bombay High Court has ruled that the CBDT Circular, dated 01.08.2012, as per which the expenses incurred in granting freebies to medical practitioners is inadmissible under Section 37 of the Income Tax Act, 1961, since it is prohibited by law, would not be applicable to the assessment year 2008-09. The bench of Justices Dhiraj Singh Thakur and Kamal Khata noted that Regulation 6.8...
[Prevention Of Cruelty To Animals Act] No Absolute Bar Against Interim Release Of Seized Cattle To Accused-Owner: Orissa High Court
The Orissa High Court has said that there is no specific rule under either the Prevention of Cruelty to Animals Act, 1960 or the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 requiring mandatory denial of interim custody of seized cattle to the accused-owner.While interpreting the provisions of the statute and the Rules, a Single Judge Bench...
'Delay In Trial Offends Article 21 Everyday': Orissa HC Expedites Trials Of Alleged ‘Tribal Extremists’ Detained Since 8 Yrs
The Orissa High Court has directed trial courts to expedite trials of cases involving three female tribal ladies who have been languishing in jail for over last eight years after being branded as ‘extremists’ by the State.While providing relief to the petitioners, a Division Bench of Justices Subhasis Talapatra and Savitri Ratho noted,“…the Petitioners are languishing in custody for...
Multiple Criminal Proceedings By Complainant Over Same Allegations Violate Accused's Rights Under Articles 21 & 22 Constitution: JKL High Court
The Jammu and Kashmir & Ladakh High Court recently observed that filing of multiple criminal proceedings against the same accused by an informant for the same alleged offence is prohibited in law. "Getting an accused entangled in multiple criminal proceedings in same alleged offence would be an abuse of process of law, which cannot stand the scrutiny of the Article 21 and 22 of...
Absence Of Material: Bombay High Court Quashes Reassessment Proceedings
The Bombay High Court has quashed the reassessment proceedings as the issue of "large loans and advances" was not only raised during the scrutiny assessment but also responded to by the assessee.The division bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that between the date of the order of assessment, which is sought to be reopened, and the date of the formation...
Varaharoopam Plagiarism Row : Kerala HC Allows Thaikkudam Bridge To Proceed Against Kantara Music Director Before Kozhikode District Court
In relation to the row over alleged plagiarism by the "Varaharoopam" song of "Kantara", the Kerala High Court has set aside the order passed by District Court Kozhikode which returned the plaint filed by Thaikkudam Bridge alleging copyright infringement by the makers of the Kannada superhit film.The District Court had cited two main reasons for returning Thaikkudam Bridge's plaint : one,...