A ‘No-Claim Declaration’ Given By Party Would Not Extinguish Its Remedy To Invoke Arbitration: Delhi High Court

The Delhi High Court has ruled that while dealing with a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), if the arbitration clause between the parties in the Special Conditions of Contract (SCC), which does not contain the mandate of a pre-arbitral procedure, is claimed to be overridden by another arbitration clause existing in the...

When Financial Creditors Have Not Been Paid In Full, Operational Creditors Cannot Claim A Higher Amount: NCLT Ahmedabad

The National Company Law Tribunal (“NCLT”), Ahmedabad Bench, comprising of Dr. Deepti Mukesh (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating a petition filed in Noble Resource International Pvt. Ltd. v Sona Alloys Pvt. Ltd., has held that when Financial Creditors have not been paid in full in the Resolution Plan, the Operational...

Plea In Bombay High Court Against Govt's “Unlimited” Power To Attach Property Of Anyone Connected To Company Under Protection Of Depositors Act

The Bombay High Court has issued notice on a writ petition challenging the Government’s “unlimited” and “unrestricted” power to attach properties of anyone connected to a company under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.Section 4 of the MPID meant for the protection of depositors allows even personal property of the...

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 (Punishment for criminal breach of trust) and section 420 (Cheating and dishonestly inducing delivery of property) of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the...

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds

The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for...

Can Passport Officer Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Jammu & Kashmir High Court To Examine

The Jammu & Kashmir & Ladakh High Court has recently issued notice to the Union of India through Regional passport office on a plea raising question as to whether the Regional Passport Officer can insist on mentioning father's name on the passport of a minor, particularly when the mother of the minor applicant is legally divorced and enjoys exclusive custody of the applicant...

'Cochin City Highly Polluted' : Kerala High Court Seeks Details Of Payments To Brahmapuram Waste Plant Contractor

The Kerala High Court on Monday directed the Secretary of the Cochin Municipal Corporation to place before the Court the details regarding the passing over of the management of the Brahmapuram solid waste management plant facility to a third party. The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji issued the said direction on being informed by the Secretary of...

Important To Debate Questions On Basic Structure Doctrine : Justice Jayasankaran Nambiar

Kerala High Court judge Justice A. K. Jayasankaran Nambiar while delivering the presidential address for the lecture organised by the Ernakulam Govt Law College Old Students and Teachers Association at Kochi on Saturday on the 'Basic Structure Of the Indian Constitution & its Present Day Challenges' spoke on the dynamic nature of the Indian Constitution and how in a vibrant democracy...

Increase In Delhi’s Dense Forest Areas A Welcome Sign, Conservation Of Trees Outside Forests Equally Important: Centre Tells High Court

The Union of India has informed Delhi High Court that the increase in denser forest areas in the national capital from the year 2001 to 2021 is a welcome sign and that conversation and protection of trees outside forests is equally important. The submission has been made by the Central Government in an affidavit filed on March 07 in a suo motu public interest litigation initiated by the court...

Delhi Police Had No Authority Of Law To Enter Jamia Campus, Use Of Force Wholly Disproportionate: Sr Adv Indira Jaising To High Court

Senior Advocate Indira Jaising argued before the Delhi High Court on Monday that the Delhi Police had no authority to enter the Jamia Millia Islamia in 2019 and that the use of force on students protesting against Citizenship Amendment Act (CAA) was wholly disproportionate to any public good.The submission was made before a division bench of Justice Siddharth Mridul and Justice Talwant...

Contradiction In Civil Court Orders Does Not Empower Writ Court To Virtually Decide Sub Judice Matter: Calcutta High Court

The Calcutta High Court at Jalpaiguri held that contradiction in the orders of the civil court cannot empower the writ court to enter into the specific domain of the civil court and pass the order by which the suits are virtually decided, when the matter is sub judice before the civil court.The division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay observed:“It is...

Arbitration Cases Weekly Round-Up: March 5 To March 11, 2023

Bombay High Court: Arbitration Clause Can Be Invoked By Assignee Of Rights Under Contract: Bombay High Court Case Title: M/s. Siemens Factoring Pvt Ltd vs. Future Enterprises Pvt Ltd The Bombay High Court has ruled that an arbitration agreement is assignable, just as any other contract, and where the obligations and rights under an Agreement, containing an arbitration clause,...