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Can Arbitral Award Convert Operational Debt Into Financial Debt? NCLT Delhi Refers Issue To Tribunal President
The National Company Law Tribunal (NCLT) at Delhi, has referred to its President whether an arbitral award based on a supply contract can be treated as financial debt for initiating insolvency under the Insolvency and Bankruptcy Code. It has also sought clarity on whether a single insolvency petition under section 7 is maintainable when a creditor's claim involves both operational dues...
Res Judicata Not Attracted Where Issue Was Not Framed In Earlier Proceedings: Bombay High Court Partially Modifies Arbitral Award
The Bombay High Court has held that res judicata does not apply where the issue in earlier proceedings was neither framed nor directly adjudicated and that the court exercising jurisdiction under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can modify an award by reducing the rate of interest where bad part of an award is severable from the good...
Not Purely Religious Or Voluntary: J&K&L High Court Holds Dharmarth Trust As 'Industry' Under Industrial Disputes Act
The High Court of Jammu & Kashmir and Ladakh has held that the J&K Dharmarth Trust, by virtue of the systemic, organised and commercial nature of its activities, answers the statutory definition of an “industry” under the Industrial Disputes Act, 1947.Justice M A Chowdhary ruled that the Trust's operations cannot be characterised as purely religious or spiritual carried out in...
Calcutta HC Declines To Interfere With Arbitral Awards In Iron Ore Supply Dispute; Says No Grounds Made Out U/S 34/37 A&C Act
Reaffirming the limited scope of judicial review under the Arbitration and Conciliation Act, the Calcutta High Court has dismissed two connected appeals under Section 37 filed by Orissa Minerals Development Company Ltd. (OMDC), upholding arbitral awards directing payment for excess procurement costs and loss of profits arising from stoppage of iron ore supplies to Jai Balaji Industries.A...
Failure To Frame Specific Issue On Limitation Not Fatal; Courts Can Examine Limitation Suo Motu: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that the question of limitation can be subsumed within the broader issues arising from the pleadings, and failure to frame a specific issue on limitation is not fatal, so long as no prejudice is caused to the parties.Justice Wasim Sadiq Nargal, while dismissing a writ petition challenging dismissal of a revision petition on the ground of...
Delhi High Court Dismisses Westend Green Farms Society's Trademark Case Against Neighbouring Farmhouses
The Delhi High Court recently dismissed trademark and passing-off suits against neighbouring farmhouse owners filed by Westend Green Farms Society, which manages a gated farmhouse colony in south Delhi. The court held that merely displaying the name “WESTEND GREENS” on residential signboards did not amount to trademark infringement, as the use was not shown to be in the course of...
Civil Court Can Order Police Assistance To Enforce Injunction Orders U/S 151 CPC: Orissa High Court
The Orissa High Court has held that even though the Code of Civil Procedure (CPC) does not contain a specific provision enabling police assistance for enforcing and implementing an order of injunction, still a Civil Court can invoke the inherent power vested in it under Section 151 to order police assistance, if other express provisions are found inadequate to give effect to an...
Sexual Assault By Husband's Family Members Also Form Of Cruelty Under S.498A IPC, Doesn't Warrant Separate Trial: Delhi High Court
The Delhi High Court has ruled that sexual assault on a wife by family members of the husband is also a form of cruelty under Section 498A of Indian Penal Code, 1860, and does not warrant a separate trial. Justice Amit Mahajan said that if allegations are made by the wife against such family members, it can also be part and parcel of physical cruelty as defined in Section 498A. The...
'Manifestly Perverse': Supreme Court Sets Aside HC Order Granting Bail To Accused Who Allegedly Murdered Witness While On Bail
The Supreme Court set aside the Madras High Court's order grant bail to the accused in a murder case, noting that the order granting bail was vitiated by perversity, arbitrariness and non-application of mind.A bench comprising Justices B.V. Nagarathna and R. Mahadevan was hearing an appeal against an order of the Madurai Bench of the High Court, which had granted bail to the accused in an...
Passport Also Means Of Identification, Bail Condition To Deposit It Can't Be Imposed Routinely: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that courts may not impose a condition requiring deposit of passport while granting bail in routine manner, observing that "the passport, is not only required as a travel document, but is also required for other purposes especially as means of identification."Allowing a petition challenging a bail condition, the Court quashed the requirement...