Dispute Regarding Non-Payment Of Dues Can’t Be Referred To Arbitration, If Liability Is Admitted: Punjab and Haryana High Court

The Punjab and Haryana High Court has ruled that where the liability to pay dues under a Contract is admitted by the parties, the dispute between them relating to non-payment cannot be said to be a dispute that ‘arose out of’ or ‘in connection with’ the Contract and thus, it cannot be referred to arbitration. While holding that it was a simple case of non- payment of the...

NCLAT Issues Fresh Directions For Computation Of Limitation In Filing Of Appeals, Withdraws Earlier Directions

The National Company Law Appellate Tribunal (“NCLAT”) vide an Order dated 24.12.2022 has issued fresh directions for computation of limitation for filing of appeals before NCLAT. The period of limitation shall be computed from the date of e-filing and hard copy has to be filed within 7 days of e-filing. However, the Competent Authority is at liberty to extend the period of filing...

Monthly Digest Of IBC Cases: 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...

NCLT Kochi Initiates Insolvency Process Against Personal Guarantor Of Trivandrum International Health Services Ltd.

The National Company Law Tribunal (“NCLT”), Kochi Bench, comprising of Shri. P. Mohan Raj (Judicial Member) and Shri. Satya Ranjan Prasad (Technical Member), while adjudicating an application filed in Dhanalaxmi Bank Ltd. v Dr. Bharath Chandran, has initiated Insolvency Resolution Process against Dr. Bharath Chandran, the personal guarantor and Promoter of M/s. Trivandrum...

Congress MLAs' Mass Resignation: Rajasthan High Court Asks Speaker CP Joshi To Clear His Stand/Decision In 10 Days

The Rajasthan High Court today granted 10 days’ time to the Rajasthan assembly Speaker, CP Joshi to clear his stand/decision on the resignation submitted by 91 congress MLAs before him in September 2022. The bench of Chief Justice Pankaj Mithal and Justice Shubha Mehta asked the Advocate General to obtain instructions from the speaker and make his stand clear in the court. The...

Arbitration Cases Monthly Round-Up: December 2022

High courts Allahabad High Court: Section 9 Application, Against Cashing Unconditional BG; Court To Consider Only Terms Of BG: Allahabad High CourtCase Title: U.P. Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd.The Allahabad High Court has ruled that while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996...

Dharavi Project | When Development Plan Shows It As Nature Park, No Other Activity Permitted: Bombay High Court On Mahim Nature Park

The Bombay High Court on Monday observed that the Mahim Nature Park (MNP) cannot be exploited for development so long as it is reserved as a "Nature Park" in the Development Plan."So long as the Development Plan shows it as a Nature Park, no other activity can be carried out," the court said.The division bench headed by ACJ SV Gangapurwala disposed of a PIL filed by NGO Vanashakti and...

Important Decisions Of Orissa High Court In 2022

The year 2022 has come to an end. The preceding 365 days were quite significant for the Orissa High Court in terms of the jurisprudence it developed on manifold aspects of law, starting from important questions touching upon constitutional provisions to several facets of criminal, civil, election and family laws. Live Law has reported as many as 167 judgments and orders delivered by the...

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order. The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of Ajay...

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where a private body is amenable to writ jurisdiction, the powers of judicial review are confined to actions which have an element of public duty involved.The observations were made by Justice Sanjay Dhar while hearing a plea in terms of which the petitioner was praying for directions upon respondent Jammu &...

'Causing Bomb Blast Not An Official Duty': Bombay High Court Dismisses Lt Col Prasad Purohit's Plea For Discharge In Malegaon Blast Case

The Bombay High Court on Monday rejected an appeal filed by Lieutenant Colonel Prasad Shrikant Purohit, a prime accused, seeking discharge in the case of 2008 Malegaon blast that killed six people and injured over 101. A division bench of Justices AS Gadkari and Prakash Naik pronounced the order. "Even otherwise indulging into an activity of a bomb explosion causing the death of...

MP High Court Restrains Authorities From Demolishing Property By Giving Less Than A Day’s Notice

The Madhya Pradesh High Court, Indore Bench recently came to the rescue of a litigant whose property was ordered to be demolished by giving him less than a day’s notice by the authorities concerned. After hearing the parties, Justice Satyendra Kumar Singh held that it would only be fair if the Petitioner was given reasonable time to file his objections before the...