Second Arbitral Reference Maintainable When Award Is Set Aside Without Adjudication On Merits: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a second reference to arbitration is maintainable where an arbitral award has been set aside under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") without any adjudication on merits of the claims, leaving the underlying disputes unresolved. Justice Sanjay Dhar said while allowing the...

'Constable Is Public Servant, But Not MP/MLA?' Supreme Court Questions Kuldeep Sengar's Plea Against Aggravated Charge In Unnao Rape Case

In CBI's plea challenging grant of bail to Unnao rape accused-Kuldeep Sengar, the Supreme Court today expressed concern about accepting an argument that a constable or a patwari is a 'public servant' for the purposes of the POCSO Act but not an elected Member of Legislative Assembly.For context, Sengar, who was an MLA at the time of Unnao rape incident, contests a charge of aggravated...

Bar U/S 42 Of Arbitration Act Not Attracted Where Seat Is Chosen Before First Application Is Filed: Calcutta High Court

The Calcutta High Court has held that where parties have already chosen a seat of arbitration before the first application is filed, the courts exercising jurisdiction over the seat alone will have jurisdiction over all subsequent applications, including those under sections 34 and 36 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") notwithstanding that earlier...

Arbitral Tribunal Not Declared As “Court”, False Evidence Before Arbitrator Does Not Attract S.195 CrPC: J&K&L High Court

Clarifying the scope of criminal law in arbitral proceedings, the High Court of Jammu & Kashmir and Ladakh has held that the bar contained in Section 195 of the Code of Criminal Procedure does not apply to allegations of false evidence given before an Arbitral Tribunal, as an arbitrator is not a “court” within the meaning of that provision.“… the term “Court” has been defined...

ITAT Mumbai Deletes ₹50 Lakh Section 68 Addition In Absence Of Incriminating Material Found During Search

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the appeal filed by M/s JS Infrastructure, deleting an addition of ₹50 lakh made under Section 68 of the Income Tax Act in proceedings initiated under Section 153C. A Bench comprising Judicial Member Kavitha Rajagopal and Accountant Member Omkareshwar Chidara held that no addition could be sustained in a...

Escrow Agreement Executed In Furtherance Of Share Transfer Agreement With Arbitration Clause Renders Disputes Arbitrable: Calcutta HC

The Calcutta High Court has held that where an escrow agreement is intrinsically linked to or executed in furtherance of a share transfer agreement containing an arbitration clause, disputes arising out of such escrow arrangement are also arbitrable, even if the escrow agreement does not independently contain any arbitration clause. A Division Bench comprising Justice Debangsu Basak...

Re-Look Into Composition, Usage, Product Patent, Similarity Of Sun Pharma's Muscle Relaxants For DTA Sales Entitlement: CESTAT Ahmedabad

The Ahmedabad Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT), in a matter involving similarity of Muscle Relaxant sold domestically vis-à-vis exported by a Pharma major and benefit concessional duty thereof, has remanded back to the Adjudicating Authority for fresh consideration. Sun Pharmaceuticals Industries Limited, cleared/sold multiple products...

U.P. Intermediate Education Act | No Provision To Re-Evaluate Answer Sheets On Presumption Of Students Scoring Higher Marks: Allahabad HC

Recently, the Allahabad High Court has held that there is no provision under the U.P. Intermediate Education Act, 1921 for re-evaluation of answer sheets based on the students presumption that he/ she would get a higher score if re-evaluation is done.Petitioner appeared in Intermediate examinations. Being unsatisfied with the marks, she applied for scrutiny in Hindi and Biology papers....

Supreme Court Keeps In Abeyance Its Aravalli Hills Judgment, To Set Up Fresh Expert Committee

In a suo motu case initiated over concerns surrounding revised definition of Aravalli Hills, the Supreme Court on Monday (December 29) has kept in abeyance its earlier directions concerning the change in definition of Aravalli Hills, after expressing concern that the expert committee report and the Court's observations were being misconstrued.A bench of Chief Justice of India Surya Kant,...

Delhi High Court Disposes Meta's Execution Plea, Notes Compliance In “FACEBAKE” Trademark Case

The Delhi High Court has disposed of an execution petition filed by Meta Platforms Inc. (formerly Facebook), after finding that the operators of the “FACEBAKE” and “FACECAKE” brands have substantially complied with an earlier injunction restraining use of marks deceptively similar to Meta's “FACEBOOK” trademark.Justice Manmeet Pritam Singh Arora passed the order on December 24,...

“Article 21 Rights Flow From Discharge Of Fundamental Duties”: Karnataka High Court Refuses Bail In 2020 Bengaluru Riots Case

The Karnataka High Court, while refusing bail to an accused in the 2020 Bengaluru Riots case, observed that, “The appellant is seeking bail on the ground that his fundamental right to liberty under Article 21 of the Constitution is violated. He gets that right when he adheres to his fundamental duties encapsulated in Article 51A of the Constitution.”A Division Bench comprising Justice...

State's Duty To Inform Farmers Of Right To Seek Enhancement Of Compensation In Lieu Of Land Acquisition: Bombay High Court

The Bombay High Court has held that applications seeking redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be rejected on hyper-technical grounds such as non-filing of a certified copy. The Court observed that Section 28-A is a beneficial provision enacted to remove inequality in compensation among landholders and must be interpreted liberally to...