News Updates
Court Cannot Substitute Its View For Qualification Requirements Prescribed By Organization While Advertising Vacancies: Delhi High Court
The Delhi High Court has observed that courts cannot substitute their view for the qualification requirements prescribed by an organization while advertising vacancies to a post.A division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela observed:"It is open to an organization while advertising its vacancies to prescribe qualifications as may be suitable, in the view of...
Whether A Claim Is A 'Notified Claim' Under The Contract, Falls Outside The Scope Of Arbitration: Delhi High Court
The Delhi High Court has ruled that the dispute whether a claim raised by a party is a 'Notified Claim' under the Contract, which can be referred to arbitration as per the arbitration clause, falls outside the scope of arbitration. The Single Bench of Justice Vibhu Bakhru observed that as per the arbitration clause contained in the General Conditions of Contract (GCC),...
Leniency Shown In Taking Belated Written Statements On Record Cannot Mean CPC Procedure And Time Limits Are Forgotten: Delhi High Court
The Delhi High Court has observed that the leniency shown by it in taking belated written statements on record cannot mean that the procedure and time limits prescribed in the Code of Civil Procedure are completely forgotten. "Ordinarily, the court exhibits leniency in the matter of taking belated written statements on record, so as to ensure that parties have full rights to prosecute...
Delhi Assembly Elections: Court Dismisses Plea Seeking FIR Against Arvind Kejriwal, Prakash Jarwal; Calls It 'Abuse of Process'
A Delhi Court recently dismissed a Section 156(3) application seeking FIR against Chief Minister Arvind Kejriwal, Aam Aadmi Party leaders Gopal Rai and Prakash Jarwal and others in connection with the Delhi Assembly Elections 2020.Additional Sessions Judge Vrinda Kumari dismissed the complaint with a cost of Rs. 1000, observing that it did not disclose commission of any cognizable offence....
Mutation Order Cannot Be Based On Title Deed When Title To Property Under Dispute: Andhra Pradesh High Court
The Andhra Pradesh High Court, while hearing a writ petition challenging the mutation proceedings and the mutation order passed by the Municipal Commissioner, Tirupati ('Commissioner'), held that mutation orders must be made on the basis of possession and not based on title deed, when the title itself is contested. The petitioner had filed the petition for the issuance of the writ...
Third Gender Candidates Entitled To Special Reservation: Madras High Court
The Madras High Court has directed the state Health and Family Welfare Department and Directorate of Medical Education to provide special reservation to the third gender/ transgender in the admissions for Post Basic (Nursing) Course.The direction was passed after a transgender woman approached the court with a plea seeking quashing of the Prospectus issued for the Post Basic (Nursing) Course...
NCLT Hyderabad Benches Re-Constituted W.E.F 20th October 2022, Matters To Be Heard Through Video Conferencing
The National Company Law Tribunal, Hyderabad Bench, has been re-constituted vide a Circular dated 11.10.2022 and the changes are applicable from 20.10.2022 onwards till further orders. The new NCLT Hyderabad Benches shall comprise of: NCLT Hyderabad, Court Room No. 1 (First Half) Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member)Shri Ajai Das...
Plea Challenges Use Of Facial Recognition Technology To Record Attendance Of Govt. Varsity Staff: Allahabad HC Seeks UP Govt's Reply
The Allahabad High Court has sought a reply of the Uttar Pradesh Government on a plea challenging the use of Facial Recognition Technology for recording the attendance of the teaching and non teaching staff in the Chhatrapati Shahu Ji Maharaj University, Kanpur.The Bench of Justice Manoj Misra and Justice Mohd. Azhar Husain Idrisi has also sought the response of the University administration...
NCLT New Delhi Benches Re-Constituted And Timings Changed, Matters To Be Heard Through Video Conferencing
The National Company Law Tribunal, New Delhi Bench, has been re-constituted vide a Circular dated 11.10.2022 and timings of courts have been changed accordingly. The changes are applicable from 18.10.2022 onwards till further orders. The new NCLT New Delhi Benches shall comprise of: NCLT New Delhi, Court Room No. 4 (Second Half) Dr. P.S.N. Prasad (Judicial Member)Dr. Binod Kumar...
Indemnity Of Obligations Under An Agreement Is Not A 'Financial Debt' Under IBC: NCLT Mumbai
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P. N. Deshmukh (Retd.) (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating an application filed in Reserve Bank of India v Reliance Capital Limited, has held that indemnity of the obligations under the Agreement is not a 'financial debt' under Section 5(8) of...
'Chaiops' To Become 'ChaiApps' After Chaayos' Trademark Infringement Suit in Delhi High Court
A Ghaziabad-based startup has agreed to change the name of its outlets to 'ChaiApps' from 'Chaiops' after the leading tea cafe chain 'Chaayos' approached Delhi High Court against alleged infringement of its registered trademark. The change in display boards at the existing 37 physical outlets of MTRM Global Pvt. Ltd. will come into effect from April 1, 2023, according to a settlement arrived...
Delhi HC Division Bench Recuses From Hearing Its Former Judicial Officer's Contempt Plea Against Senior Lawyer
A division bench of the Delhi High Court on Thursday recused itself from hearing a criminal contempt plea filed by retired judicial officer Sujata Kohli against former High Court Bar Association President Rajiv Khosla. The bench of Justice Siddharth Mridul and Justice Amit Sharma has now listed the matter before another bench for directions, subject to orders of the Chief Justice. "At the...