News Updates
Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court
The Patna High Court has ruled that the order passed by the High Court in a writ petition, recording the consent of the parties to appoint a specified Arbitrator while referring them to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act), cannot be said to be an order appointing an Arbitrator. The Single Bench of Chief Justice Sanjay Karol held...
Issuance Of Multiple Notices By Investigating Authority Does Not Falter Preliminary Inquiry: Karnataka High Court
The Karnataka High Court has said that issuance of multiple notices by the investigating agency to a person while carrying out preliminary enquiry into a case cannot be a ground for faltering the enquiry. A single judge bench of Justice Krishna S Dixit dismissed a petition filed by one M.Prakash, who questioned the action of police calling him for enquiry, short of investigation,...
CBIC Introduces Standardised Risk-Based Faceless Assessment System For Clearance Of Imported Consignments
The Central Board of Indirect Taxes and Customs (CBIC) has decided to implement system-generated centralised examination orders in a phased manner in the case of risk-based selection for examination after assessment from the 5th of September, 2022.The National Customs Targeting Centre (NCTC), in consultation with DG Systems and the respective NACs, has developed a system. As per the...
Former SC Judge Justice Deba Priya Mohapatra Passes Away
Former Judge of the Supreme Court Justice Deba Priya Mohapatra has passed away on Wednesday due to old age related ailments.Justice Mohapatra was born on 3rd August 1937. He was the son of Former Judge of Orissa High Court Justice Souri Prasad Mohapatra.He did his schooling from the historical Ravenshaw Collegiate School, Cuttack. He pursued his legal studies from Madhusudan Law...
Eviction | Payment Of Salami For Tenancy Not Relevant For Deciding Issue Of Landlord's Personal Necessity: Patna High Court
The Patna High Court recently observed that the payment of salami by a tenant is not relevant for deciding the real issue of landlord's personal necessity in a suit for eviction. The observation came from Justice Anil Kumar Sinha: "It was evident that admittedly the suit was for eviction on the ground of personal necessity. The payment of salami of Rs. 80,000/- and Rs. 10,000/-...
Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases
The Madras High Court on Friday ruled in favour of original jurisdiction of High Court for hearing child custody and guardianship cases in a 3:2 majority decisionThe five judge bench comprising of Justice PN Prakash, Justice R Mahadevan, Justice M Sunder, Justice Anand Venkatesh and Justice AA Nakkiran was constituted following reference by a three judge bench to answer the...
Section 8 Of A&C Act Falls Outside The Scope Of Section 42: Madras High Court Reiterates
The Madras High Court has reiterated that Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) is an exception to Section 42 of the A&C Act. The Court added that if Section 8 is also brought within the ambit of Section 42, it would defeat the sublime philosophy underlining arbitration i.e., party autonomy. The Single Bench of Justice M. Sundar ruled that a party...
Article 350 Constitution | Citizens' Grievance Before Jurisdictional Authorities Can't Be Kept Unconsidered Indefinitely. Karnataka High Court
The Karnataka High Court has observed that Article 350 of the Constitution of India mandates that where a citizen raises a grievance before jurisdictional authorities, it cannot be kept unconsidered indefinitely. A single judge bench of Justice Krishna S Dixit made the observation while disposing of a petition filed by S.C. Mahesh and others. The petitioner had approached the court...
Show Cause Notice Containing "NA" In Column Of Date, Time, Venue Of Personal Hearing: Jharkhand High Court Quashes Adjudication Order
The Jharkhand High Court has quashed the adjudication order and held that the notice issued under notice under Section 73 of the CGST Act, in the column of date, time and venue of personal hearing, was indicated by the respondents as "NA", which means not applicable.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order was not...
'Bonafide Requirement' Of Suit Premises Not Statutory Mandate For Eviction U/S 12(2) Of Chhattisgarh Rent Control Act, 2011: High Court
The Chhattisgarh High Court recently observed that 'bonafide requirement' of suit premises is not a statutory stipulation for eviction under Section 12(2) Schedule-2 Clause 11(h) of the Chhattisgarh Rent Control Act, 2011. The provision only requires that 6 months notice to the tenant in writing would be necessary, however on the condition that the accommodation will not be leased out at a...
SCOMET Policy for the export of drones/ UAVs: DGFT Invites Public Comments
The Directorate General of Foreign Trade (DGFT) has invited comments from the public and industry on a proposed amendment in Category 5B of the Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) list related to the export of drones and unmanned aerial vehicles (UAVs) and General Authorization for Export of Drones (GAED) and UAVs . "With the aim of...
Arbitration Cases Monthly Round Up: August 2022
Supreme Court: Mere Use Of Words "Arbitration" Or "Arbitrator" In A Clause Won't Make It Arbitration Agreement: Supreme Court Case Title: Mahanadi Coalfields Ltd. versus IVRCL AMR Joint Venture Citation: 2022 LiveLaw (SC) 657 The Supreme Court observed that an arbitration agreement should disclose a determination and obligation on behalf of the parties to refer the...