Arbitration Clause Is Limited To Quantum Of Damages, Termination Of Proceedings Is Valid : Delhi High Court

The High Court of Delhi has held that when the scope of arbitration clause is limited to quantum of damages only in the eventuality that the liability to pay is admitted by the insurance company, there can be no arbitration if the liability is denied.The bench of Justice V. Kameshwar Rao held that the suggestions given by the Surveyor in its report, though of substantial evidentiary value,...

Delhi High Court Weekly Round-Up: December 12 To December 18, 2022

Citations [2022 LiveLaw (Del) 1162 TO 2022 LiveLaw (Del) 1191]NOMINAL INDEXUnion of India v. Reliance Industries Limited 2022 LiveLaw (Del) 1162 M/S BANK OF BARODA & ANR vs MAHESH GUPTA & ORS. 2022 LiveLaw (Del) 1163 SHIV VINAYAK GUPTA & ANR. v. UNION OF INDIA AND ORS 2022 LiveLaw (Del) 1164 ADITI GOSWAMI v. GOVT. OF NCT OF DELHI & ORS. 2022 LiveLaw (Del) 1165 SADIQ...

'Intention To Cause Disorder Essential For Invoking Section 153-A': Punjab and Haryana High Court Grants Bail To Congress Leader

Observing that intention to cause disorder or incite people to violence is the sine qua non for the offence under Section 153-A, the Punjab and Haryana High Court has granted bail to Congress Leader Karamjit Singh Gill, who was arrested in August for wearing a t-shirt with picture of 1984 riots-accused Jagdish Tytler at Golden Temple.While the case registered under Section 153-A by...

Court Empowered To Grant Money Claim Under Section 9 Of A&C Act On Basis Of Admitted Claim: Bombay High Court

The Bombay High Court has reiterated that the power of the Court under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) to grant interim measures of protection, is wider than the power under the provisions of the Code of Civil Procedure, 1908 (CPC). It ruled that procedural provisions enumerated in the CPC cannot be invoked to defeat the grant of interim relief,...

Bombay High Court Takes Suo Motu Cognisance of Police Brutality on Lawyer In Goa's Porvorim

Taking suo motu cognisance of an incident of alleged assault on a lawyer by constables of Porvorim police station, the Bombay High Court at Goa has issued notice to the State government and Director General of Police, Goa.A division bench of Justice MS Sonak and Bharat Deshmpande directed the State to file a preliminary affidavit apprising the Court of steps taken in the matter, and the...

Kerala High Court Grants Anticipatory Bail To Snake Catcher Vava Suresh Accused Of Exhibiting 'Highly Poisonous Cobra' At Kozhikode College

The Kerala High Court on Friday granted anticipatory bail to snake catcher Vava Suresh in a case registered against him for allegedly displaying a venomous snake at an event in Government Medical College, Kozhikode.Justice Viju Abraham said custodial interrogation of the petitioner may not be required for the purpose of investigation and only a limited custody be granted for the said...

Invoking CIRP Would Not Make The Dispute Non-Arbitrable : Delhi High Court

The High Court of Delhi has held that the dispute would not become non-arbitrable merely because the petitioner, before filing the application for appointment of arbitrator, has filed a corporate insolvency application under Section 9 of the IBC. The Court rejected the argument that since the petitioner has filed insolvency application which can only be filed for admitted debt and...

Morality Of Dominant Classes Influences Law Making : CJI DY Chandrachud

The Chief Justice of India D. Y. Chandrachud on Saturday said that Dr. Ambedkar was making a revolutionary statement by dressing in a three-piece suit to reclaim his community's identity. "When Dr. B. R. Ambedkar dressed in a three-piece suit, he was making a revolutionary statement. He crushed the code of conduct that was prescribed by the oppressor caste through his clothing choices...

MOU Terminating The Main Agreement Containing The Arbitration Clause Can Be Referred To Arbitration: Delhi High Court

The High Court of has held that a dispute arising out of an Memorandum of Understanding (MoU) or Memorandum of Settlement (MoS), wherein no arbitration clause is present, can be referred to arbitration if these agreements were directly linked to the main agreement. The bench of Justice Mini Pushkarna held that dispute arising out of any subsequent agreement that arises out of the...

Employees' Contribution To PF Cannot Be Disallowed Merely On The Basis Of Auditor's Statement: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition made by the Centralised Processing Centre (CPC) towards employees' contributions to the Provident Fund (PF) based on the tax auditor's statement reporting the delay in employee contribution remittances.The two-member bench of Aby T. Varkey (Judicial Member) and M. Balaganesh (Accountant Member) has observed...

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court

The Delhi High Court has ruled that the power exercised by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) is not merely an administrative function but a judicial power, and that the Court does not cease to be a Court of Record while exercising power under Section 11. Thus, the bench of Justice Yashwant Varma held that the High Court...

Failure To Disclose All Material Facts Is Essential To Issue Reassessment Notice: Bombay High Court

The Bombay High Court at Goa has held that failure to disclose fully and truly all material facts is an essential jurisdictional parameter that must be fulfilled before any notice can be issued for reopening the assessment proceedings after the expiration of four years from the end of the relevant assessment year.The division bench of Justice M.S. Sonak and Justice Bharat P. Deshpande...