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Wife calling husband impotent, discussing sexual life in open is cruelty: Delhi High Court
In a significant legal development, the Delhi High Court has granted a divorce decree to Mr. Arjun Singh, the appellant, on the grounds of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955. The judgment, delivered by Justice Neena Bansal Krishna and Justice Suresh Kumar Kait, addresses a complex…
Overcharge v. Illegal Charge: Supreme Court Dismisses Railways' Appeals Against Indian Oil Over Refund Of Freight Charges
In a significant ruling under the Railways Act 1989, the Supreme Court has pronounced a judgment regarding the chargeable distance dispute between ABC Company and Indian Railways. The case, bearing Civil Appeal No(s). 1891-1966 of 2024, delved into the legality of the chargeable distance of 444 km as per the old…
O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: Jammu Kashmir High Court
In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has delivered a detailed judgment on a civil revision case (CR No.33/2022) concerning Order 23 Rule 3-A of the Civil Procedure Code (CPC). The case, titled Gulam Nabi Khanday & Ors. vs. Mushtaq Ahmad & Others, dealt with the question of whether a…
Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
In a significant ruling, the High Court of Kerala has ordered the release of Renjith Kumar V.K., the petitioner and accused in multiple fraud cases, emphasizing the fundamental right to bail under Section 167(2) of the Criminal Procedure Code (Cr.P.C.). The court's decision came after a detailed examination of the…
Arbitral Awards as Money Decrees: Bombay High Court Mandates 100% Deposit for Stay
In a recent development in the Commercial Arbitration Petition No. 1131 of 2018, the Bombay High Court, under the jurisdiction of Section 36(3) of the Arbitration Act, has granted a stay on the execution, operation, and effect of an impugned award dated 5th July 2018. This decision came through Interim Application (L)…
Section 138 Proceedings and Arbitration Run Parallel, Not Overlapping: Madhya Pradesh High Court
In a recent development at the High Court of Madhya Pradesh in Gwalior, Honorable Justice Anand Pathak presided over Arbitration Case No. 40 of 2022 on February 23, 2024. The case involved a dispute between M/S Banco Construction Pvt Ltd and Narmada Extrusions Ltd regarding an agreement dated 07.10.2016, pertaining to…
Court Sets Aside Arbitral Award Due to Unilateral Appointment of Arbitrator, Contrary to Section 12(5) of Arbitration and Conciliation Act and Seventh Schedule: Delhi High Court
In a recent development under the Arbitration and Conciliation Act, 1996, the High Court of Delhi has set aside an ex parte award in the case of M/s Upper India Trading Co. Pvt. Ltd. vs. M/s Hero Fincorp Ltd. The court's decision came on 23rd February 2024 in O.M.P. (COMM) 399/2022. Case Background: M/s Upper India…
Upholds Denial of Bail Despite Trial Court's Delay in Framing Charges in Serious Offence: Kerala High Court
In a significant development at the High Court of Kerala in Ernakulam, the Honourable Mrs. Justice Sophy Thomas presiding, a bail application under Section 439 of CrPC has been dismissed. The case pertains to Crime No.1341/2023 of Aruvikkara Police Station, Thiruvananthapuram, involving grave charges under Sections…
Mere Involvement In Sexual Offence Not Sufficient: Supreme Court Quashes Preventive Detention Order
The Supreme Court of India has made a significant ruling regarding preventive detention under the Telangana Prevention of Dangerous Activities Act, 1986. In a case concerning alleged sexual offences, the Court has set aside a detention order issued against a man named Bandi Narayana, alias S/o Sambaiah, who was…
Awarding Govt Jobs Without Proper Process Violates Article 16 of Constitution: Jammu Kashmir High Court
In a recent judgment by the High Court of Jammu & Kashmir and Ladakh at Jammu, WP(C) No. 326/2021, WP(C) No. 349/2021, and WP(C) No. 351/2021 were disposed of by Hon’ble Mr. Justice Javed Iqbal Wani, Judge, on 22.02.2024. The petitions involved issues related to employment termination and compliance with Article 16 of…
