ONGC V. Afcons By SC Will Not Affect Fee Already Fixed By Arbitration Tribunal : Delhi High Court

The Supreme Court in ONGC v. Afcons, 2022 LiveLaw (SC) 723 has held that maximum fees that an arbitrator can charge on a claim is Rs. 30 Lakhs. The High Court of Delhi was considering a situation wherein the fees was fixed in terms of the earlier law. The petitioner challenged the fees so fixed as violative of the Supreme Court order. The bench of Justice Neena Bansal Krishna...

Krishna Janmabhoomi-Shahi Idgah Mosque Case| Allahabad HC Entertains Plea Seeking Transfer Of Pending Suits To HC, Notice Issued

The Allahabad High Court has entertained and agreed to hear a plea seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, to the High Court. Observing that the matter requires consideration, the bench of Justice Nalin Kumar Srivastava issued notices to 3 respondents...

Tax Cases Monthly Round-Up: January 2023

Indirect Taxes Supreme Court Sabka Vishwas Scheme : Supreme Court Grants Relief To Company Which Missed Deadline Due To IBC Moratorium Case Title: Shekhar Resorts Limited vs Union of India Citation : 2023 LiveLaw (SC) 15 No one can be expected to do the impossible, the Supreme Court remarked while granting relief to a company which could not avail the benefit of settlement...

[Tunisha Sharma Suicide] Was There Instigation? Are Ingredients Of Abetment Of Suicide Made Out? – Bombay High Court To Police

The Bombay High Court on Thursday asked the police if their investigation was headed in the right direction in television actor Tunisha Sharma’s suicide case and if ingredients of abetment were made out against her former partner Sheezan Khan. Twenty-one-year-old Sharma, who has acted in the TV show ‘Ali Baba: Dastaan-E-Kabul’ along with Khan, was found hanging in the...

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...