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Right To Appeal Cannot Be Made Conditional Upon Deposit Of Decretal Sum: HP High Court
The Himachal Pradesh High Court held that an appellate court cannot impose the condition of depositing the decreetal amount as a precondition for condonation of delay under Section 5 of the Limitation Act.Justice Ajay Mohan Goel remarked that: “The learned 1st Appellate Court had no authority to issue a direction that the application under Section 5 of the Limitation Act is allowed subject...
Chhattisgarh HC Takes Suo Motu Cognisance Of News Report On Police Cars Bought For 'Dial 112' Service Lying Idle, Seeks DGP's Response
The Chhattisgarh High Court has taken suo-motu cognisance of a news report published in a Hindi daily which reported that as many as 400 vehicles worth Rs.40 Crores, which were originally purchased for the Dial-112 service, remained unused and parked for nearly two years, causing immense damage to their parts and considerable reduction in their shelf-life.The report highlighted that keeping...
'Detention Homes Should Have Humane Conditions': P&H High Court In Plea Challenging Detention Of Bengali Migrants In Gurugram
The Punjab & Haryana High Court was hearing a Public Interest Litigation (PIL), on allegations that several migrants from West Bengal, belonging to a certain community, were being unlawfully detained in Gurugram under inhumane conditions.Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "If they are detained in inhumane conditions...tell us, we will direct them...Homes should...
Madras High Court Transfers Probe In BSP Leader Armstrong's Murder Case To CBI
The Madras High Court has transferred the investigation into the death of Bahujan Samaj Party leader Armstrong to the Central Bureau of Investigation (CBI). Allowing a petition filed by Armstrong's brother, Justice P Velmurugan has directed the CBI to file the chargesheet within 6 months.The court noted that the investigation carried out by the State police did not inspire much...
Orissa HC Allows Premature Withdrawal Of Post Bank Fixed Deposit For Marriage, Says Hindu Law Recognises It As 'Necessity'
The Orissa High Court has ordered the Post Bank to allow a woman to prematurely withdraw/encash a sum of money, which she had invested in fixed deposits, in order to bear the expenses of a marriage in the family.Refuting the stance of the bank that no such premature withdrawal is permissible, the Bench of Justice Dixit Krishna Shripad was of the opinion that marriage is recognised as...
Ex-CJI UU Lalit Criticises Lack Of Guidelines In BNS On Awarding Community Service As Punishment
Former Chief Justice of India UU Lalit today raised concerns over the absence of guidelines for awarding community service as a punishment under the Bharatiya Nyaya Sanhita, 2023. Justice Lalit was delivering a lecture organised by the Supreme Court Bar Association on “BNS 2023 and IPC 1860: Continuity, Change and Challenges.” Giving an example, Justice Lalit noted that punishment...
Kerala High Court Directs Authorities To Consider Suggestions, Devise Effective Timetable For Smooth Functioning Of Transport Buses
The Kerala High Court recently permitted the impleadment of My Metro Bus Services LLP, a consortium of 20 stage carriage operators plying on the Vyttila–Vyttila circular city route, as an additional respondent in an ongoing writ petition concerning bus timings in Kochi.Justice Amit Rawal, while allowing the impleadment application, noted that the operators had raised significant concerns...
NHAI Need Not Deposit Compensation Amount Until Challenge To Arbitrator's Award Is Decided: Kerala High Court
The Kerala High Court recently held that the National Highways Authority of India (NHAI) need not submit the compensation awarded when the Arbitrator's award is challenged by either party, i.e., the claimant or the NHAI.The Division Bench of Justice A. Muhamed Mustaque and Justice Harisankar V. Menon was considering a writ appeal preferred by the NHAI challenging the Single Judge's direction...
Invocation Of Guarantee Does Not Preclude Financial Creditor From Initiating CIRP: NCLT Kolkata
The National Company Law Tribunal (NCLT) Kolkata bench of Smt. Bidisha Banerjee (Judicial Member) and Cmde Siddharth Mishra (Technical Member) admitted a petition under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Vasupujya Enterprises Pvt. Ltd., a corporate guarantor of Ankit Metal & Power Ltd., holding that there is no bar under the IBC from simultaneously...
S. 31(7)(b) Arbitration Act | Claim For Additional Post-Award Interest Barred When Award Fixes Rate Until Payment : Supreme Court
The Supreme Court on Wednesday (Sep. 24) held that if an arbitral award provides a composite interest rate covering the entire period from the cause of action to payment, the award holder cannot claim additional compound interest at the post-award stage under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (“Act”). Section 31(7)(b) of the Act provides for post-award...