High Court Cannot Review The Order Passed Under Section 11 Of The A&C Act: Delhi High Court

The High Court of Delhi has held that the High Courts cannot review an order passed under Section 11 of the A&C Act as the Act does not contain any provision for review. The bench of Justice Neena Bansal Krishna held that power of review is not an inherent power but the creation of a statute, therefore, it cannot be exercised absence of a provision. The Court held that unlike...

Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court

The Bombay High Court has ruled that the power of appointment of arbitrator by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), cannot be deemed to have a precedential value. However, the Court held that the same cannot be a reason to completely ignore the interpretation placed by the High Court in its previous decisions, in respect of...

Patna HC Imposes ₹5K Cost Each On VCs Of 3 Universities In PIL Over Delay In Conducting Exams, Declaring Results

While dealing with a PIL Plea filed over delay in conducting exams and declaring results in state universities in Bihar, the Patna High Court on Tuesday ordered Vice Chancellors of 3 state universities to pay a Cots of Rs. 5K each from their own pocket. The bench of Chief Justice Sanjay Karol and Justice Partha Sarthy imposed Rs. 5K costs as the VCs of Lalit Narayan...

An Issue As To Which Party Would Bear The GST Expenses Under The Agreement Is Arbitrable: Delhi High Court

The High Court of Delhi has held that an issue that purely relates to the inter se liability of the parties regarding the burden of GST is not related to the taxing power of the State, therefore, the same is arbitrable. The bench of Justice Yashwant Varma held that a dispute surmised on the Pricing Clause in an agreement wherein the inter se liabilities of the parties regarding...

Delhi High Court Quashes FIR Against First Year Law Student Who Appeared As Proxy Counsel Before Trial Court

The Delhi High Court has quashed an FIR registered against a first year law student who appeared before a Metropolitan Magistrate as a proxy counsel on instructions from a lawyer for taking adjournment in two cases. Observing that the law student, who was interning with an advocate, was either confused or unable to handle the situation, Justice Anish Dayal said:"It is evident that a law...

'Marriage And Training Have No Correlation With Each Other': Delhi High Court Questions Centre's Policy Of Excluding Married Candidates In JAG

Marriage and training can have "no correlation with each other", said the Delhi High Court on Wednesday while hearing a plea against exclusion of married male and female candidates on the basis of their marital status in recruitments of the Judge Advocate General (JAG) department, the legal arm of Indian army.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium...

A&C Amendment Act of 2015 Applies Even If Arbitration Commenced Prior, In Case It Is Stated That Amendment Act Applies: Bombay High Court

The Bombay High Court has ruled that where an arbitration agreement between the parties provided for the application of the Arbitration & Conciliation Act, 1996 (A&C Act), along with any statutory modification or re-enactment to the A&C Act, existing at the time being in force, it constituted an agreement between the parties as contemplated under Section 26 of the...

'Social Stigma Will Be Insurmountable': Uttarakhand HC Allows 13-Year Old Rape Victim To Terminate Pregnancy Of Over 25 Weeks

The Uttarakhand High Court on Wednesday allowed a 13-year-old rape victim to undergo medical termination of over 25 weeks of pregnancy, after the medical board gave its recommendation for the abortion.Justice Sanjaya Kumar Mishra directed the authorities to proceed with termination of pregnancy as expeditiously as possible without any further delay."Before proceeding with the termination...

S.173(8) CrPC | Magistrate Not Barred To Order Further Investigation After Taking Cognizance, Until Trial Commences: Orissa HC Reiterates

The Orissa High Court has reiterated that the power of Judicial Magistrates to order further investigation under Section 173(8) of the Code of Criminal Procedure is not taken away only because cognizance was taken of an offence. A Single Judge Bench of Chief Justice Dr. S. Muralidhar, while clarifying the position of law, placed reliance on 2019's three-judge bench ruling of...

Why Hostel Curfew For Girls Alone? Lock Up Men, Because They Create Trouble; Let Ladies Walk Free : Kerala High Court

The Kerala High Court, on Wednesday, criticising the notification issued barring female students going out of the Hostel of Govt Medical College Kozhikode after 9.30 PM, questioned why should there be a curfew for Girls alone, when there are no such restrictions for boys. The Court in the instant case was considering a plea moved by certain girl students of Government Medical College...

Chennai GST Dept. Launches Whatsapp, E-mail Communication Facility For Facilitation Of Trade

The Office of the Commissioner of GST and Central Excise (Appeals-II), Anna Nagar, Chennai, has launched a WhatsApp and/or email communication facility for the convenience of taxpayers.The taxpayers may use the facility for resolving their requests, grievance, query, appeal status, etc., in a time-bound manner. The taxpayer can also send their questions via email.The taxpayer can WhatsApp...

Teachers of Aided Colleges Can Join Political Organisations & Take Part In Election Activities; Not Bearers of 'Office Of Profit': Meghalaya HC

Quashing an amendment in the Aided College Employees Rules, the Meghalaya High Court on Monday ruled that employees of the educational institutes do not hold an Office of Profit, and if they satisfy the requisite conditions, they cannot be debarred from contesting elections or holding political office.Rejecting the argument that the government exercises deep and pervasive control over...