Tendering Authority Must Preserve Fairness Of Process When Re-Evaluating Bidder's Eligibility, Can't Simply Reiterate Selection: Calcutta High Court

The Calcutta High Court recently said that when re-evaluating the eligibility of bidders. the tendering authority must preserve fairness of the process and satisfy the benchmark of probity.Setting aside an order passed by the Chittaranjan National Cancer Institute last month, Justice Moushumi Bhattacharya said the tendering authority cannot simply reiterate its earlier decision."In taking...

Reference Limited To Quantum Of Compensation; Dispute Non-Arbitrable If Insurer Disputes Liability: Bombay High Court

The Bombay High Court has ruled that where the arbitration clause only provided for reference of dispute relating to quantum of compensation payable under the insurance policy, the plea taken by the insurance company, disputing its liability under the policy, would make the dispute non-arbitrable. The bench of Justice Bharati Dangre reiterated that an arbitration clause has to...

Karnataka High Court Annual Digest 2022: Part I [Citations 1-260]

Citations: 2022 LiveLaw (Kar) 1 to 2022 LiveLaw (Kar) 260Nominal Index:S Mohan v. State Of Karnataka. 2022 LiveLaw (Kar) 1Dr. R. Chandrashekara v. State Of Karnataka. 2022 LiveLaw (Kar)2Malappa @Malingaraya v. State of Karnataka. 2022 LiveLaw (Kar) 3Anish Mohammed Rawther v. The Deputy Director, EnforcementDirectorate. 2022 LiveLaw (Kar) 4Chepudira Madaiah v. Mallengada Chengappa. 2022...

NCDRC Holds Landowner Jointly And Severally Liable Along With Developer For Deficiency In Service

The National Consumer Dispute Redressal Commission bench comprising Mr. Binoy Kumar as Presiding Member and Mr. Sudip Ahluwalia as member observed that a landowner is jointly and severally liable for any compensation along with the developer for deficiency in service. The commission was hearing a complaint about delay in possession of flats. The complainants booked a unit in the...

Hostility Of The Witnesses Cannot Be A New Ground For Granting Bail To An Accused: Allahabad High Court

The Allahabad High Court has recently observed that it is not for the court, in a bail matter, to form any opinion on the basis of the evidence given by the hostile witnesses as it would amount to evaluating the evidence.With this, the bench of Justice Shekhar Kumar Yadav rejected the second bail plea moved by a murder accused (Krishna Kant) on the new ground that since 2 of the witnesses of...

Wrong Repudiation Of Insurance Claim By ICICI Lombard; NCDRC Confirms Deficiency Of Service

The National Consumer Dispute Redressal Commission bench comprising Justice R.K. Agrawal, president, opined that compensation cannot be awarded under multiple heads. The bench was hearing an appeal filed against the order of the Delhi state commission. The Delhi state commission had partly allowed the complaint and directed ICICI Lombard General Insurance Company Ltd. to pay...

Condom Ad Featuring Couple Playing Garba| MP High Court Quashes Case Against Pharma Firm Head For 'Hurting Sentiments'

The Madhya Pradesh High Court recently quashed criminal proceedings initiated against the head of a pharma firm for publishing a condom advertisement featuring a couple playing Garba and thereby allegedly hurting religious sentiments.Having perused the content of the advertisement, the bench of Justice Satyendra Kumar Singh observed that the intention of the accused was just to promote...

Without Representation To Elected Representatives, PIL Unsustainable: Madhya Pradesh High Court Junks Plea Seeking Asphalt Road In Village

The High Court of Madhya Pradesh recently dismissed a PIL seeking directions to the authorities for construction of a pukka road in a village. The division bench comprising Chief Justice Ravi Malimath and Justice Vishal Mishra observed that there was nothing on record to show that the petitioner had addressed his grievances to the elected representatives. "Merely, filing of...

'Lack Of Jurisdiction': J&K&L High HC Dismisses Jaipur-Based University's Plea Seeking Reimbursement Under PM Special Scholarship Scheme

The Jammu & Kashmir and Ladakh High Court has dismissed a Jaipur-based University's plea for reimbursement of the expenses incurred by it with regard to tuition fee, hostel fee and cost of books after admitting the students from Jammu & Kashmir under the Prime Minister's Special Scholarship Scheme for J&K Students.Justice M A Chowdhary said merely because the students are...

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...