Showing 1939 articles
No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court
In a recent judicial pronouncement, the Arbitration and Conciliation Act, 1996 has taken center stage in a crucial dispute resolution case. The High Court's decision sheds light on the nuances of arbitration law and its application in contemporary legal scenarios. Key Highlights of the Ruling: 1. Background of the…
Court Sets Aside Order Of District Judge Which Interfered With Arbitration Award: Gujrat High Court
In a significant development in the legal realm, the Arbitration and Conciliation Act witnessed a landmark judgment in the case of Oil & Natural Gas Corporation Ltd vs David Parkar Construction Ltd. The High Court of Gujarat at Ahmedabad, comprising Honourable Chief Justice Mrs. Justice Sunita Agarwal and Honourable…
Walayar Rape-Death Case, Govt Should Consider Request Of Victim Or Victim's Representatives While Appointing Public Prosecutor: Kerala High Court
Ernakulam, June 12, 2024 - In a significant ruling, the High Court of Kerala, presided over by Justice A. Badharudeen, has directed the Central Government to consider the appointment of a Special Public Prosecutor (SPP) of the victim's choice in a high-profile criminal case, in accordance with Section 24(8) of the…
Mother Can Give Away Child for Adoption Without Father's Consent: Madras High Court
The Madras High Court has ruled that a biological mother can give her child up for adoption even if the father is not available or does not consent to the adoption. This decision comes in a case where a woman named Kavitha (name changed) wanted to give her 3-year-old son Ashok (name changed) up for adoption to the…
Rape, Continuous Molestation & Harassment Are Continuing Misconduct, Fresh Cause Of Action Arises Every Day Till Redressal: Madras High Court
Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has come into sharp focus with a recent ruling by Justice D.Bharatha Chakravarthy. The case involved W.P.No.10707 of 2024 and centered on allegations of sexual harassment against a government employee. The…
Arbitration Act, Scope Of Inquiry In Section 9 Petition Is Limited, Interpretation Of Contract Would Be Within Domain Of Arbitral Tribunal: Delhi High Court
In a significant judgement delivered on June 10, 2024, the Delhi High Court dismissed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, where the petitioner sought interim relief for assured returns on an investment. The case involved Ms. Ananya Sharma (Petitioner) and M/s Skyline Projects Ltd.…
No Reason To Create Impediment For Businesses, Court Directs Govt Not To Harass Tea Sellers In Floating Market Inside Dal Lake: Jammu Kashmir High Court
In a significant development, the High Court of Jammu & Kashmir and Ladakh at Srinagar has issued a crucial order protecting the rights of business owners. The case, titled WP(C) No. 1127/2024 - M/s Zabarwan Tea Stall Through its Partners Shiraz Ahmad Daga and Danish Ahmad Daga vs. J&K Lake Conservation and Management…
Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
In a significant ruling, the High Court of Uttarakhand at Nainital has granted bail to a Child in Conflict with Law (CIL), who was accused under Sections 376(3) and 506 of the Indian Penal Code (IPC) and Section 5(j)(ii)/6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The decision, delivered by…
Court Directs Probe Against Former DGP For Allegedly Disclosing Identity Of Sooryanelli Rape Victim In His Book 'Nirbhayam': Kerala High Court
In a landmark judgment, the Kerala High Court has ordered an investigation into the alleged violation of Section 228A of the Indian Penal Code (IPC) by the former Director General of Police (DGP) of Kerala. The case involves the publication of a book titled "Nirbhayam-Oru IPS Officerinte Anubhavakurupu" authored by…
High Court Lacks Jurisdiction To Entertain Applications Under Section 29A For Extension Of Arbitrator's Mandate: Andhra Pradesh High Court
In a recent ruling, the High Court of Andhra Pradesh, Amaravati, presided over by Hon’ble Mr. Justice Dhiraj Singh Thakur, Chief Justice, has addressed the issue of maintainability of applications seeking extension of the mandate of an arbitral tribunal under Section 29A of the Arbitration and Conciliation Act, 1996.…