Delhi High Court Weekly Round-Up: February 27 To March 5, 2023

Citations 2023 LiveLaw (Del) 183 to 2023 LiveLaw (Del) 203NOMINAL INDEXShapoorji Pallonji and Company Private Limited versus Union of India 2023 LiveLaw (Del) 183HARSH AJAY SINGH v. UNION OF INDIA AND ORS and other connected matters 2023 LiveLaw (Del) 184New Delhi Municipal Council versus Decor India Pvt Ltd 2023 LiveLaw (Del) 185Tejpal Singh versus Surinder Kumar Dewan 2023 LiveLaw (Del)...

Bombay High Court Monthly Digest: February 2023

Nominal Index [Citation 65 - 126]Rahul Giridhar Pathade v. Collector of Nasik, State Excise Department and Ors. 2023 LiveLaw (Bom) 65Milind Shantilal Rathod and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 66Shaikh Shaukat S/O Majit @ Majid Patel and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 67M/s. Instakart Services Private Limited v. State of Maharashtra and Ors....

Kerala High Court Weekly Round-Up: February 27 To March 5, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 102-118]Yasin Sunu V State of Kerala 2023 LiveLaw (Ker) 102Lalithambika & Ors. v. Grievance Redressal Committee & Ors. 2023 LiveLaw (Ker) 103Jamshid P.V. v. State of Kerala 2023 LiveLaw (Ker) 104Sam Joseph V State of Kerala and Others 2023 LiveLaw (Ker) 105K C Antony V State of Kerala and Others 2023 LiveLaw (Ker) 106Pradeep and Others V...

Arbitration Clause Can Be Invoked By Assignee Of Rights Under Contract: Bombay High Court

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, are assigned in favour of an assignee, the remedy of arbitration would also stand assigned in its favour. The bench of Justice Bharati Dangre held that there was no need of separate execution...

Gujarat High Court Dismisses With Cost Husband's Habeas Corpus Plea To Trace Wife, For Suppressing Parallel Search Proceedings U/S 97 CrPC

The Gujarat High Court recently dismissed with costs, a habeas corpus petition filed by a husband for the production of his wife who was allegedly kidnapped by her relatives, on the ground that the husband has concealed the fact that he has already filed an application under section 97 (Search for persons wrongfully confined) of CrPC.The division bench of Justice N.V. Anjaria and Justice Niral...

Delhi High Court Refers Claims Against Essel Group Companies under ‘Letters Of Comfort’ To Arbitration

The Delhi High Court has ruled that the statements made by a party in a ‘Letter of Comfort’, assuring the creditor that it shall ensure that the debtor repays the loan on the relevant due dates, are promissory in character and thus enforceable, even if they do not meet the requirement of Section 126 of the Indian Contract Act, 1872 which deals with the Contract of Guarantee. The...

Calcutta High Court Restores Rape Case Against Man Who Married Another Woman During Subsistence Of Relationship With Complainant

The Calcutta High Court has restored the rape case filed against a man who, after being in a relationship with the complainant for about six years, married another woman during the subsistence of such relationship and hid this fact from the complainant.Justice Rai Chattopadhyay observed:"The most relevant is the accused person to have suppressed the said facts from the defactocomplainant....

Excessive Amount Mistakenly Paid Can’t Be Operational Debt, It’s Quasi Contract: NCLT Hyderabad

The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Mr. Satya Ranjan Prasad (Technical Member), while adjudicating a petition filed in M/s. Sandvik Mining & Construction Tools AB v M/s TA Hydraulics Pvt. Ltd., has held that if an Operational Creditor mistakenly pays excess sum to the...

Lokayukta Empowered To Decide Contract Cases Having Commercial Relations If Complainant Alleges Harassment: Kerala High Court

The Kerala High Court on Monday dismissed the pleas filed by Regional Cancer Centre (RCC) Employees Co-operative Society challenging the order of the Lokayukta that had ruled in favour of certain low paid Class-IV employees working as cleaners at the RCC. The complainants before the Lokayukta, who were employees of RCC had stood as sureties to one of the employees for a loan of Rs.3 lakh....

“Cannot Reduce Legal Professional To A Contract Worker": Madras High Court Criticises State For Fixing Ceiling For Govt Advocates' Fees

The Madras High Court has come down heavily on the State of Tamil Nadu for its Orders determining a ceiling limit of fees payable to advocates appearing on behalf of the Government. The government had determined that for pending arbitration matters, civil suits, original petitions, original side appeals, civil miscellaneous appeals and for regular cases, the fee which shall be payable...

Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court

The Meghalaya High Court recently ruled that an application under Section 12 of the Domestic Violence Act is not a complaint and the procedure and proceedings under Sections 200(Examination of complainant), 202(postponement of issue of process) and 204 (Issue of Process) CrPC cannot be pursued by the parties or by the Magistrate.The observations were made by a bench comprising Justice W....

There Would Be Reduced Instances Of Violence If Access To Liquor Is Prohibited Around Areas Of Religious Festivals: Kerala High Court

The Kerala High Court on Thursday observed that when the sale of liquor is prohibited for a few days with the object of maintaining peace, preserving public order and for public good, commercial interests takes a back seat, even if it means experiencing a disruption in sales.A division bench comprising Justice K Vinod Chandran and Justice C. Jayachandran was hearing a batch of appeals and...