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Court Rules That Leave for Research Abroad Should Not Be Considered a Break in Service and Must Count Towards Pension Benefits: Madras High Court
The High Court of Judicature at Madras has delivered a significant judgment regarding the treatment of leave for employment abroad in terms of pension and career advancement benefits. The case in question, W.P.No.10045 of 2023, was brought before the court by R. Rakkiyappan, challenging the decision of Bharathiar…
Rules Against Priority for Individual Cases, Emphasizing Fairness in Judicial Priorities: Rajasthan High Court
In a notable decision, the High Court of Judicature for Rajasthan at Jodhpur, led by Hon'ble Ms. Justice Rekha Borana, has addressed a petition seeking expedited handling of a divorce case under the Hindu Marriage Act. The case, S.B. Civil Writ Petition No. 13728/2024, was brought forth by Yatendra Kumar Sharma, who…
Brewery's Plea Against Registration of "Similar" Label [Mount's 6000 v. Vasco 60000] Allowed Due to Potential Public Confusion: MP High Court
In a significant decision, the High Court of Madhya Pradesh has addressed a crucial issue regarding the Trade Marks Act, 1999. The case revolves around an alleged infringement of trade mark rights, specifically focusing on the deceptive similarity between two competing products. The core issue was whether the label…
Mere Suspicion of Flee India is Insufficient for Issuing Look Out Circular: Calcutta High Court
In a landmark decision, the Court addressed the issue of the Look Out Circular (LOC) issued against an individual and its impact on personal liberty and economic interests. The judgment delved into the fundamental rights of individuals, the limitations on freedom of movement, and the judicial review of such coercive…
Interim Measures Under Section 9 of Arbitration Act Justified if Applicant’s Rights Are at Risk from Third Parties: Calcutta High Court
In a recent judgment, the court addressed significant issues concerning the Contract Act and performance delays in public infrastructure projects. The case highlights critical aspects of Section 55 of the Contract Act and its implications for arbitration and interim relief. Case Background The case involves a dispute…
Arbitrator Exceeds Jurisdiction by Discussing Claims and Costs Outside the Scope of the Arbitration Clause: Delhi High Court
In a landmark decision, the Delhi High Court has set aside an arbitral award issued on April 16, 2022, concerning a dispute under a Partnership Deed dated April 1, 2014. The case revolved around the unilateral appointment of an arbitrator, a violation of Section 12 of the Arbitration and Conciliation Act, 1996.…
Applicants Requesting Pandemic Limitation Relief Under Section 34 Petition Cannot Also Seek IBC Moratorium Protection: Calcutta High Court
In a recent judgment delivered on August 20, 2024, by the Hon'ble Justice Sabyasachi Bhattacharyya of the High Court at Calcutta (Commercial Division), the court addressed a significant issue concerning the limitation period for filing an application to set aside an arbitral award under Section 34 of the Arbitration…
Personal Hearings Not Mandatory for Arbitrator Appointment if Pleadings Are Complete: Bombay High Court
In a recent decision by the Bombay High Court, a significant ruling was delivered concerning the enforcement of arbitration agreements under Section 11 of the Arbitration and Conciliation Act, 1996. The case in question involved Universal Builders and Vascon Engineers Limited. Case Background: The case arose from an…
No Requirement for Prior Request Under Section 21 for Section 11 Arbitration Applications: Calcutta High Court
In a recent judgment delivered by the High Court at Calcutta, Commercial Division, the Court addressed crucial issues surrounding the appointment of an arbitrator under the Arbitration and Conciliation Act, 1996. The case, Kakali Khasnobis vs. Mrs. Reeta Paul and Anr., involved a petition for the appointment of an…
Court Rules Full Disclosure of Material Facts Essential for Invoking Jurisdiction Under Section 147: Bombay High Court
In a significant ruling, the court has quashed a reassessment notice issued under Section 147 of the Income Tax Act, favoring the Petitioner, Ashwini Vallakati. This decision highlights the court's stance on procedural correctness and the necessity of substantive grounds for initiating reassessment. Case Details: 1.…
