Request For Appointment Of Arbitrator, Is Not A Waiver Of Right To Disqualify Under S. 12 (5) Of The Act: Delhi High Court

The Delhi High Court has ruled that a unilateral request made by one of the parties for setting the appointment procedure in motion, as provided in the arbitration agreement, would not constitute an agreement falling under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act) to waive off the disqualification contemplated under Section 12(5). The...

Orissa High Court Annual Digest 2022 [Citations 1-165]

Index of CitationsCase TitleCitationBinod Bihari Sethy v. State of Odisha2022 LiveLaw (Ori) 1Dara Singh @ Rabindra Kumar Pal v. State of Orissa2022 LiveLaw (Ori) 2Chinmay Mohanty & Anr. v. Bar Council of India & Anr.2022 LiveLaw (Ori) 3Ashok Kumar Agarwala v. Registrar General of Orissa High Court & Ors.2022 LiveLaw (Ori) 4Surendra Kumar Sahoo v. State of Odisha2022 LiveLaw...

Motor Vehicles Act | Delay In Recording Eyewitness Statement Not Sufficient To Disbelieve His Version: Chhattisgarh High Court

The Chhattisgarh High Court recently ruled that in motor accident cases, a delay in recording the statement of the eyewitness is not crucial to disbelieve his version.Justice Sam Koshy observed so while dealing with an appeal moved by Insurance Company under Section 173 of the Motor Vehicles Act."Only because the statement of eye witness was recorded at a belated stage or eye witness having...

NCLAT Delhi Sets Aside CCI Order Giving Clean Chit To DLF, Remands Matter To CCI For Fresh Consideration

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Rakesh Kumar (Judicial Member) and Dr. Ashok Kumar Mishra (Technical Member), while adjudicating an appeal filed in Amit Mittal v DLF Ltd. & Ors., has set aside the order dated 31.08.2018 passed by the Competition Commission of India ("CCI") giving clean chit to DLF and its subsidiary...

307 IPC | Non-Examination Of Injured Victim Deprives Accused Right To Cross Examination; Fatal To Prosecution Case: Chhattisgarh High Court

The Chhattisgarh High Court recently held that non-examination of the injured is fatal to the prosecution case in a matter involving Section 307 of the Indian Penal Code (attempt to murder) since it deprives the accused their right to cross-examination. A Division Bench of Justice Sanjay K. Agrawal and Justice Rakesh Mohan Pandey said that examination of the injured is essential to prove if...

Temple Properties Being Encroached Without Any Guilt, Executive Officer's 'Power' To File Suit Has Transformed Into 'Duty': Madras High Court

The Madras High Court has said Section 45 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 can no more be read as requiring an express authorisation from the Commissioner for filing of a suit as the very appointment of the Executive Officer enjoins the said duty.Justice Bharatha Chakravarthy was hearing an appeal challenging the order of the City Civil Court wherein the...

Kerala High Court Annual Digest 2022: Part-II [Citations 223-444]

Nominal Index [Citations 2022 LiveLaw (Ker) 223-444]National Insurance Co. Ltd. v. Narayani & Ors, 2022 LiveLaw (Ker) 223Philip K.J v. State of Kerala & Ors, 2022 LiveLaw (Ker) 224Principal v. Addl. Registering Authority & Ors, 2022 LiveLaw (Ker) 225Uma Murthi v. State of Kerala, 2022 LiveLaw (Ker) 226Mini Antony v. Savio Aruja, 2022 LiveLaw (Ker) 227Dr. Sree Hari N. v. State...

IBC Cases Weekly Round-Up: 19th To 25th December 2022

SUPREME COURT Provisional Attachment Under PMLA Subsequent To Initiation Of CIRP: Supreme Court To Consider The Issue Case Title: Ashok Kumar Sarawagi v Enforcement Directorate & Anr. Case no.: Special Leave Petition (Civil) Diary No(S). 30092/2022 The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka, has permitted the CIRP of...

Madras High Court Asks State To Constitute Task Force For Effective Implementation Of Post Matric Scholarship Scheme For SC/ST Students

The Madras High Court recently said that late disbursal of scholarship amount to the SC/ST defeats the constitutional purpose for which the Post Matric Scholarship Scheme has been formulated.The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad was hearing a plea seeking directions for disbursal of the post-matric scholarship to SC/ST/SCA students of all colleges in Tamil Nadu...

As Long As Doctor Follows Practice Acceptable To The Medical Profession Of That Day He Cannot Be Liable For Negligence: NCDRC

The National Consumer Dispute Redressal Commission bench comprising Dr. S.M. Kantikar as the presiding member and Mr. Binoy Kumar as member observed that a medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error of judgement in choosing one reasonable course of treatment in preference to another. The...

PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC

The Calcutta High Court recently ruled that an order of bail issued by Special PMLA Court in respect of accused, who appeared before it pursuant to the summons, is not open to interference until and unless supervening circumstances are brought on record. Justice Tirthankar Ghosh said there is a difference with regard to releasing a person on bail after his arrest by the investigating...

Delhi State Consumer Commission Directs BMW India To Pay A Hefty Compensation For Deficiency In Service

The Delhi State Consumer Disputes Redressal Commission bench comprising of Ms. Pinki and Ms. Bimla Kumari as members directed BMW India Pvt. Ltd. (Opposite Party No.2) to pay the whole purchasing amount of the car that is Rs. 26,26,462/- to the complainant as compensation for deficiency in service with an interest of 6% p.a from the date of payment till date of the judgement. Failing to...