Arbitration Clause Continues To Operate Even After Dissolution Of Partnership: Delhi High Court

The Delhi High Court has ruled that an arbitration clause contained in a contract executed with a partnership firm, will continue in effect even after the death of a partner causes the dissolution of the partnership. The bench of Justice Chandra Dhari Singh held that the Court has the power to conduct a procedural review of its order passed under Section 11 of the...

Can't Browbeat Judges To Get Things Done Your Way: Kerala High Court To Woman On Allegations Of Bias Against Family Court In Divorce Case

The Kerala High Court recently dismissed a woman's petition seeking transfer of a divorce case on the ground of alleged bias and favouritism by the Family Court Judge. The divorce case has been filed by her husband.Justice C.S. Dias said the petitioner, a woman lawyer, has made a "scathing attack" on the Family Court Judge by questioning his integrity, honesty and impartiality, on the sole...

Madras High Court Upholds UGC's Power To Impose Territorial Restrictions On Distance Education Courses

The Madras High Court has recently upheld the power of the University Grants Commission to impose Regulations for the conduct of Distance Education Programs by the universities.The University Grants Commission, on 21st August 2012 had imposed a condition stating that the territorial jurisdiction with respect to the distance education programs were to be decided by the Distance Education...

Removal Of Objections In Any Proceedings Before An Authority Does Not Render The Proceedings Time Barred: Bombay High Court

The Bombay High Court recently held that correction or removal of objections in any proceedings before any authority does not render the proceedings time barred if the correction does not alter the nature of the proceeding.Justice Abhay Ahuja, while allowing a writ petition challenging the rejection of petitioner’s application for refund of stamp duty on grounds of limitation, held...

Woman Entitled To Termination Of Pregnancy In Rape Cases, Has Right To Say 'Yes' Or 'No' To Being A Mother: Delhi High Court

The Delhi High Court has observed that denying a woman the right to medical termination of pregnancy in sexual assault cases and imposing the responsibility of motherhood on her, would amount to “denying her the human right to live with dignity” as she has a right in relation to her body including the right to say “yes or no” to being a mother.Observing that section 3(2) of the...

After Adoption Of Swiss Challenge Method, RA Not Allowed To Submit Revised Plan: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Jindal Stainless Ltd. v Mr. Shailendra Ajmera & Anr., has held that after adoption of Swiss Challenge Method to find out the best plan, one Resolution Applicant cannot be...

District Consumer Forum Directs Telangana State Road Transport Corporation To Pay Compensation For Deficiency In Service

The Hyderabad District Consumer Commission – I directed Telangana State Road Transport Corporation to Refund the amount paid by the complainant to acquire an alternate bus service along with compensation for mental agony caused and the cost of litigation. The bench comprising Justice B. Uma Venkata Subba Lakshmi as the president and Mrs. C. Lakshmi Prasanna and Mr. R Narayana...

In Rape Cases With Pregnancy Exceeding 24 Weeks, Produce Victim Before Medical Board On Same Day: Delhi High Court Issues Guidelines To Police

The Delhi High Court has issued guidelines to the Investigating Officers to be followed in rape and sexual assault cases where victim's pregnancy exceeds 24 weeks.Justice Swarana Kanta Sharma directed that at the time of medical examination of a victim of sexual assault, it will be mandatory to conduct a “Urine Pregnancy Test”.The court further said that when the victim, who is major and...

No Condonation Beyond 45 Days, IBC Overrides Limitation Act : NCLAT Chennai

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in M/s. Platinum Rent A Car (India) Pvt. Ltd. v M/s. Quest Offices Limited, has held that Section 238 of IBC overrides Section 12 of the Limitation Act, 1963. The Bench declined...

2007 'Provocative' Speech Case Against Azam Khan: Allahabad High Court Sets Aside UP Court's Order Taking Cognizance

In a partial relief for former Uttar Pradesh Cabinet Minister and Senior Samajwadi Party Leader Azam Khan, the Allahabad High Court has set aside an order of the Firozabad Court taking cognizance of offence under Section 153-A IPC in the 2007 'provocative' and 'communal' speech case.The bench of Justice Dinesh Kumar Singh observed that the offence under Section 153-A IPC is a serious offence,...

Resort To Resolve Disputes Internally Before Filing Section 11 Application Under A& C Act: Delhi High Court

The High Court of Delhi has held that an application for the appointment of an arbitrator under Section 11 of the A&C Act would be premature if it is filed without compliance with the pre-arbitration internal dispute resolution mechanism stipulated under the agreement. The bench of Justice Navin Chawla held that when the agreement provides for a multi-tier dispute...

Telangana HC Directs State Govt To Hold Republic Day Celebrations As Per Centre's Guidelines

The High Court of Telangana on Wednesday passed an interim order directing the state government to conduct Republic Day celebrations tomorrow as per the guidelines issued by the Government of India. Republic Day being a National Festival, has to be celebrated with national fervor, grandeur, gaiety and enthusiasm, the Court observed.The directions were passed by a bench comprising Justice...