Arbitration Cases Weekly Round-Up: 4 September To 10 September, 2022

Supreme Court: Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court Case Title: Babanrao Rajaram Pund versus Samarth Builders & Developers Citation: 2022 LiveLaw (SC) 747 The Supreme Court observed that an arbitration clause has to be given effect even if it...

Issue Of CIRP Cost To Be Decided In COC MEETING, Not By Adjudicating Authority : NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Bharat Hotels Ltd. v Tapan Chakraborty, has held that question of item wise CIRP cost and its approval lays in the domain of the CoC and the latter may ratify, modify or set aside the...

Death In Revenue Lock-Up | Allahabad High Court Issues Notice To UP Govt On Plea Against 'Non-Serious' Magisterial Inquiry

The Allahabad High Court has issued a notice to the Uttar Pradesh Government on a writ plea moved by one Neeraj Dubey against the 'non-serious' Magisterial Inquiry into the custodial of his father in the revenue lock-up in May 2022.The bench of Justice Surya Prakash Kesarwan and Justice Saurabh Srivastava observed that the conduct of the respondents from the District level to the State...

Tax Cases Weekly Round-Up: 4 September To 10 September, 2022

Bombay High Court Bombay High Court Issues Notice On Plea Challenging CGST Rules Case Title – SAT Industries Limited v. Union of India & Anr. The Bombay High Court on Monday issued notice to Maharashtra government and central government in a petition challenging amendment to Central Goods and Service Tax Rules, 2017 (CGST Rules). "Petitioner is challenging both CGST as...

Allahabad High Court Grants Bail To Accused As Parents Of 8 Y/O Sexual Assault Victim Refuse To Get Her Medically Examined

The Allahabad High Court recently granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon a 8 year old girl as her parents refused to get her medically examined.The bench of Justice Sadhna Rani (Thakur) granted bail to accused Manoj Saxena taking into account the larger mandate of Article 21 of the Constitution of India...

Rape Convict Denied Parole On Apprehension That Being A Naxal He Might Abscond: Chhattisgarh High Court Grants Him Relief

The Chhattisgarh High Court granted relief to a rape convict who was denied parole on the apprehension expressed by the Incharge of Police Station that since the convict belongs to the Naxal affected area, there is a possibility of his absconding.The bench of Justice N. K. Chandravanshi observed that only because of the objection raised by the Incharge of Police Station, the same could not...

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims

The Calcutta High Court recently issued a slew of directions to the Special Courts to ensure a smooth, prompt and seamless examination of the minor victim of sexual offences.The bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay issued the directions while rejecting a bail plea filed by POCSO accused as it noted that the trial Court had failed to act n accordance with the...

Orissa High Court Half-Yearly Digest: January-June 2022 [Citations 1-107]

Nominal Index: 1. Binod Bihari Sethy v. State of Odisha, 2022 LiveLaw (Ori) 12. Dara Singh @ Rabindra Kumar Pal v. State of Orissa, 2022 LiveLaw (Ori) 23. Chinmay Mohanty & Anr. v. Bar Council of India & Anr., 2022 LiveLaw (Ori) 34. Ashok Kumar Agarwala v. Registrar General of Orissa High Court & Ors., 2022 LiveLaw (Ori) 45. Surendra Kumar Sahoo v. State of Odisha, 2022...

Bombay High Court Directs State To Conduct Public Prosecutor Exam In Marathi Also

The Bombay High Court on Wednesday directed the state government to conduct the next exam for recruitment of public prosecutors in English as well as Marathi language.The direction would not be applicable for the upcoming exam to be conducted by MPSC on 11th September but for subsequent examinations.Justices S. V. Gangapurwala and R. N. Laddha were dealing with a writ petition praying that...

Court Can't Appoint Arbitrator Where Parties Fail To Raise Dispute In Time Or Avoid In-House Dispute Resolution Mechanism: Chhattisgarh HC

The Chhattisgarh High Court recently, while dealing with a matter pertaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, held that court can't entertain application for appointment of arbitrator where parties fail to raise dispute in time or avoid in-house dispute resolution mechanism.The observation was made by Justice Arup Kumar Goswami:"A perusal of...

Rajasthan HC Prohibits Reduction Of Area of Tal Chappar Sanctuary, Issues Slew Of Directions

The division bench of Rajasthan High Court comprising Justice Sandeep Mehta and Justice Kuldeep Mathur has recently prohibited any edeavour to reduce the area of the Tal Chappar Sanctuary.Essentially, the instant suo moto PIL writ petition came to be registered based on a news report indicating that the State Government was proposing to reduce the Eco-Sensitive Zone of the Tal Chappar...

Formation Of ICC By Govt Dept Cannot Be Challenged Under Article 226 Of Constitution : Madras High Court

While dismissing a challenge against the formation of an Internal Complaints Committee, the Madras High Court observed that the formation of the Internal Complaints Committee was under the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The challenge would therefore fall within the scope of the Administrative Tribunals Act 1985 and could not be dealt with by...