News Updates
No Bar For Grant Of Anticipatory Bail If Person Is Residing Abroad: Punjab & Haryana High Court
Punjab and Haryana High Court while dealing with a petition under Section 438 CrPC for grant of pre-arrest bail to the petitioner in an FIR registered under Sections 306 IPC for abetment of suicide, held that merely because an accused resides abroad is no ground to deny anticipatory bail. The Petitioner is the mother-in-law of the deceased husband, who committed suicide in September...
'Most Inhumane': Punjab & Haryana High Court Upholds Father's Conviction For Committing Rape On 7 Yrs Old Daughter
Punjab and Haryana High Court while dealing with a case of father raping minor daughter, held that the conviction for the offence under Section 376 of IPC can be based on the sole testimony of the rape victim. The bench comprising Justice Sureshwar Thakur and Justice N.S.Shekhawat further added that there can never be more graver and heinous crime than a father committing rape on his...
Dispute of Unregistered Partnership Firm Can Be Referred To Arbitration, Bar U/S 69 Partnership Act Not Applicable: Calcutta High Court
The Calcutta High Court on Friday, while hearing an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act') for appointment of an arbitrator to resolve the dispute between the parties, held that the bars for instituting a suit or any other proceeding under Section 69 of the Indian Partnership Act, 1932 ('Partnership Act') shall not...
Bombay High Court Weekly Round-Up: September 26 To October 2, 2022
Nominal Index 1. Suresh @ Pintya Kashinath Kamble v. State of Maharashtra 2022 LiveLaw (Bom) 352 2. Anuja Arun Redij v. State of Maharashtra 2022 LiveLaw (Bom) 353 3. M/s. Magnum Opus IT Consulting Private Limited versus M/s. Artcad Systems 2022 LiveLaw (Bom) 354 4. Lata v. State of Maharashtra and Anr. 2022 LiveLaw (Bom) 355 5. Ajaz Mohammad Shaf Khan...
Arbitrator Cannot Delegate The Task Of Quantifying The Amount Of Award To A Chartered Accountant: Calcutta High Court
The Calcutta High Court has held that the arbitrator can indeed take assistance from a third party, including a Chartered Accountant, however, it cannot completely delegate the important function of quantifying the amount of award to any third party. The Bench of Justice Shekhar B. Saraf held that an arbitral award wherein the arbitrator failed to determine the amount of award...
Madras High Court Weekly Round-Up: September 26 To October 2, 2022
A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 415 To 2022 LiveLaw (Mad) 418 NOMINAL INDEX Gotla Alex Binoy v. IOP Chennai, 2022 LiveLaw (Mad) 415 Richa Sharma v. Ganesh Kasinathan, 2022 LiveLaw (Mad) 416 SJ Sheik Abul Asim v The Registrar cum Chairman and others, 2022 LiveLaw...
Kerala High Court Weekly Round-Up: September 26 - October 2, 2022
Nominal Index [Citation 2022 LiveLaw (Ker) 501 - 507]A.G. Dinesh v. KSEB Ltd. & Ors. 2022 LiveLaw (Ker) 501Sadasivan & Anr. v. Sadasivan Nair & Ors. 2022 LiveLaw (Ker) 502T. Sunil Kurera & Ors. v. Union of India & Ors. 2022 LiveLaw (Ker) 503Puthukkattu Pareekutty Aliyar v. State of Kerala & Anr. 2022 LiveLaw (Ker) 504Central University Kerala & Anr. v. Joshila...
Tax Cases Weekly Round-Up: 25 September To 1 October, 2022
Delhi High Court Physical Verification Of Business Premises For GST Registration Without Issuing Notice Is Violation Of Principle Of Natural Justice: Delhi High Court Case Title: Curil Tradex Pvt. Ltd. Versus The Commissioner Citation: 2022 LiveLaw (Del) 905 The Delhi High Court has held that the physical verification of business premises for GST registration without...
'Abused & Denied Even Basic Dignity, Mere Submission Will Not Constitute Consent': Punjab and Haryana High Court Upholds Conviction Of Two In OP Jindal Rape Case
Upholding the conviction and sentence of two men in the 2015 OP Jindal University rape case, the Punjab and Haryana High Court has reiterated that in a situation where the victim has no other option but to submit to the demands of the perpetrator, the mere submission on her part will not constitute 'consent' and thus the case will fall within the meaning of rape."The question of consent...
Arbitration Cases Weekly Round-Up: 25 September To 1 October, 2022
Bombay High Court: Reliance On Evidence Filed After Conclusion Of Hearing; Award Is Patently Illegal:Bombay High Court Case Title: Secretary to the Government of India, Ministry of Shipping, Road Transport and Highways & Anr. versus The Additional Commissioner, Nagpur & Ors. The Bombay High Court has ruled that where the only documentary material relied upon by the claimant...
Delhi High Court Weekly Round Up: September 26 To October 2, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 906 TO 2022 LiveLaw (Del) 926KAUSHAL KISHOR SINGH v. M/S SITA KUONI WORLD TRAVEL INDIA LTD. 2022 LiveLaw (Del) 906Sharjeel Imam vs. State 2022 LiveLaw (Del) 907BUILDERS ASSOCIATION OF INDIA v. COMPETITION COMMISSION OF INDIA 2022 LiveLaw (Del) 908RECKITT BENCKISER INDIA PRIVATE LIMITED v. HINDUSTAN UNILEVER LIMITED 2022 LiveLaw (Del) 909VINAI KUMAR...
'Deceptively Similar Design': Bombay High Court Halts Sale of Polycab Wizzy After Atomberg Alleges Infringement
The Bombay High Court recently restrained a leading electrical appliance manufacturer Polycab India Ltd. from marketing its fan in an ex parte order stating that prima facie it has identical design as that of 'Atomberg Renesa Ceiling Fan'. Justice R. I. Chagla granted temporary injunction in favour of the Mumbai based fan manufacturer Atomberg Technologies Pvt. Ltd. in a commercial...