Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Due weightage is to be given in respect of the choice and wishes of the children, who are minors, but matured enough to express their desires: Single Judge

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court

The Delhi High Court has ruled that the ‘Seat’ of arbitration would be the place where the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) has conducted the arbitral proceedings as per the provisions of Section 18(4) of the MSMED Act. The bench of Justice Prateek Jalan remarked that since there was no arbitration agreement...

Monthly Digest Of IBC Cases: January 2023

Supreme Court “Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. Case No.: CIVIL APPEAL NO.9062/2022 The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka while adjudicating an appeal has set...

Kerala High Court Sets Aside State Human Rights Commission's Order On Land Dispute

The Kerala High Court on Wednesday set aside Kerala State Human Rights Commission's 2016 order directing authorities to take steps to restore a piece of land for the purposes of a public well.The issue related to dispute of a land measuring 7.30 ares — the land had been purchased by one Abdul Hameed; while the re-survey showed that the property is 7.30 Ares, the sale deed reflected that...

Budget 2023 | Outlay Of ₹7,000 Crores For Phase-III Of E-Courts Project

In her speech while presenting the Budget for 2023-2024, the Finance Minister, Nirmala Sitharaman, has announced an outlay of Rs. 7,000 Crores for launching Phase-3 of the E-Courts project. “For efficient administration of justice, Phase-3 of the E-Courts project will be launched with an outlay of 7,000 crore,” the Finance Minister said in her speech. The eCourts...

Sales Tax or VAT Dues Payable Can't Be Claimed As Priority Over Dues Of Secured Creditor: Gujarat High Court

The Gujarat High Court has held that Sales tax or VAT dues payable cannot be claimed as priority over dues of the secured creditor.The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has observed that the charge in respect of the property in question created for sales tax dues is of no avail and has no efficacy in law.The petitioner has challenged the order dated passed...

S.498A IPC | Case Can Be Filed At A Place Where Wife Resides After Leaving Matrimonial Home On Account Of Cruelty: Orissa HC Reiterates

The Orissa High Court has reiterated that a case under Section 498A of the Indian Penal Code can be filed at a place where a woman resides after leaving or being driven out of matrimonial home on account of cruelty. While terming the aforesaid charge as a ‘continuing offence’, the Single Judge Bench of Justice Gourishankar Satapathy observed, “…the physical acts of cruelty...

Gauhati High Court Sets Aside Law College's Decision Declaring Two Students ‘Non-Collegiate’ For One Day Delay In Payment Of Admission Fee

The Gauhati High Court has set aside the notice issued by BRM Law College declaring two students ‘non-collegiate’ for a day's delay in payment of admission fee, and allowed them to appear for the 3rd Year 5th semester exams. The petitioners, Kalyan Buragohain and Robiul Hussain are the students of three years LL.B. course in the BRM Government Law College. It was their case that...

'Appears That Funds Raised For Welfare Of People Were Utilized For Personal Expenses’: Gujarat HC Denies Bail To Saket Gokhale

The Gujarat High Court while denying bail to Trinamool Congress spokesperson Saket Gokhale in the crowdfunding 'misuse' case by observing that from the statement of the complainant and other witnesses, it appears that funding raised for the welfare of the people was utilized by the applicant for his personal expenses. Perusing the police report as well as the statement of witnesses...

Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court

The Madras High court recently held that the law in India does not prohibit a person holding an Overseas Citizenship of India (OCI) card or person temporarily residing here from seeking relief under the Domestic Violence Act in the Indian courts.Justice SM Subramaniam said upon Section 27 of the Protection of Women from Domestic Violence (DV) Act "unambiguously stipulates that aggrieved...

Karnataka High Court Refuses To Quash Defamation Case Against News Reader, Says She Acted On Behalf Of Channel & Allegations Can't Be Bifurcated

The Karnataka High Court has refused to quash a defamation case registered against a news reader of Kannada news channel. A single judge bench of Justice K Natarajan dismissed the petition filed by Shesha Krishna who works for BTV News, refusing to accept one of the contention raised by her that she is only the news reader.The bench said,“The allegation made against the accused...

Detaining Authority Can't Subject A Person Already In Custody To Preventive Detention Without Forming Opinion On Likelihood Of Bail: Manipur HC

The Manipur High Court has said that the detaining authority has to look into whether or not a bail application has been moved by the detenue, who is already in custody, before exercising power under preventive detention laws. The detenue, who was already in judicial custody in other two cases, was detained by the District Magistrate, Thoubal under Section 3(2) of the...