Case Briefs Archives | Page 221 of 914

Arbitrator’s fees to be treated as preferential payments even where CIRP proceedings are pending before NCLT: Madras High Court

Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.

Case Briefs High Courts

Purpose of cases is not to provide livelihood for lawyers or monthly disposal quota to Judges; Allahabad HC condemns lawyers’ strike

Allahabad High Court said that considering the ongoing strike of lawyers for the last several days, despite positive intervention made by this Court, simply passing over this case would add burden to this Court, and it would not be possible to cope up with the situation as the list of fresh cases is getting lengthy day-by-day.

Case Briefs High Courts

Delhi High Court exempts 75-year-old accused of sexual assault from physical appearance; Directs counsel to appear physically

The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.

Case Briefs High Courts

Seat of arbitration once fixed by the arbitration agreement, has the exclusive jurisdiction for applications u/s 11 of the A&C Act, 1996: Rajasthan High Court

“The Court observes that the ‘contrary indicia’ is clearly reflected in the present case, because the seat was mentioned as Bikaner and venue was mentioned as New Delhi.”

Case Briefs High Courts

Text of Art. 164(1A) “clear as Gangetic waters”; Karnataka HC dismisses petition challenging appointment of Advisors to Chief Minister of Karnataka

Considering this petition challenging appointment of the private respondents as Secretaries with Cabinet Rank, Court was of the view that the respondents were appointed to assist the Chief Minister and they are not functioning as the Ministers in the literal sense.

Case Briefs High Courts

Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court

“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”

Case Briefs High Courts

Calcutta High Court grants stay on upcoming Panchayat Sthayee Samity election amidst pending investigation

The Sabhapati (Chairperson) of the Panchayat Sthayee Samity is in custody due to a false criminal case and 6 other members are named in an FIR and are currently evading arrest.

Case Briefs High Courts

‘Appears to be large-scale operation with intention to collect money under the name AJIO’; Delhi High Court directs Cyber Cell to investigate AJIO scratch card scam

“The letters and the scratch cards, etc., are so convincing that any customer or recipient will be unable to distinguish between the plaintiffs’ communications and those of the said entity or person.”

Case Briefs High Courts

“Disputes requiring both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction”: Karnataka HC reiterates

“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.

Case Briefs High Courts

Watching Pornographic content in private not an offence under Section 292 of IPC: Kerala High Court

Kerala High Court cautiously expressed that “Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all mobile phones, there will be far reaching consequences.”

Case Briefs High Courts

[Gender Neutrality] Delhi High Court sets aside order discharging female accused persons without any reasonable basis

Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.

Case Briefs High Courts

“State has forgotten its feminist roots”; Calcutta High Court enhances compensation in Acid Attack case; calls for compliance with Supreme Court directives

Supreme Court had previously directed states to ensure a minimum compensation of Rs. 3 lakhs for acid attack victims. However, the Calcutta High Court acknowledged the need for higher compensation due to the severe physical, economic, social, and psychological ramifications.

Case Briefs Supreme Court

Explained| Supreme Court verdict on requirement of public declaration for soleminisation of self-respect and secular marriages

Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.

Case Briefs High Courts

[Child Beggary] Delhi High Court directs Government of Delhi to file detailed status report on steps taken for rehabilitation of rescued children

“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”

Case Briefs Supreme Court

Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court

Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.

Case Briefs High Courts

Public authorities should be made accountable for lapses or failure to discharge its duties: Himachal Pradesh High Court

“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”

Case Briefs High Courts

‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC

“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.

Case Briefs High Courts

‘Not an original work u/s 13(1)(a) of Copyright Act’; Delhi HC directs Registrar of Copyrights to expunge copyright registration for work ‘GOORCHARRE MAST SEVIAN’

“If any person or entity mis-describes the work as an original work, when it is actually not and is a copy of another work, such registration will be a registration wrongly remaining on the Register of Copyrights.”

Case Briefs High Courts

[O 26 Rule 10A CPC] Delhi High Court appoints IIT Mumbai as Expert Committee for scientific examination at NBCC Green View project

The Law Commission recommended an amendment of Section 75 CPC and insertion of new Rule 10A, 10B and 10C in Order 26 to meet its objective that there should be a special provision empowering the court to issue commissions for conducting scientific inquiries, when such an inquiry is needed for determination of any issue before the court as observed in its Fifty-Fourth Law Commission Report.

Case Briefs Supreme Court

Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act

“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”