Habeas Corpus Petition Not Maintainable To Trace An Absconding Accused Evading Arrest: Allahabad High Court Section 33(2)(b) ID Act: Industrial Tribunal Cannot Reject Approval For Dismissing Corrupt Employee Over Minor Deficit In One Month's Wages, Holds Bombay High Court Reserved Category Candidate Cannot Claim Unreserved Vacancy Without Securing Higher Marks Than General Cut-Off: Calcutta High Court Condition Restricting Use Of CENVAT Credit For Duty Payment During Default Period Is Unconstitutional: Gujarat High Court Domestic Incident Report Cannot Supersede Substantive Complaint Under DV Act; Summons Can't Be Refused Solely Due To Omissions In DIR: Delhi High Court Defence Evidence Not Inherently Inferior To Prosecution Evidence, Accused Need Not Prove Alibi To The Hilt: Allahabad High Court Acquits 80-Year-Old In POCSO Case Writ Petition Not Maintainable To Restrain Trade Union Strike; Employer Can Approach Industrial Tribunal Under IR Code During Conciliation: Karnataka High Court Army Personnel Exposed To Radiation During Service Entitled To Disability Pension For Leukemia: Kerala High Court Failure To Give Opportunity To Accused To Explain Disproportionate Assets Is Fatal To Prosecution: Madras High Court Acquits Customs Officer Family Court Can Grant Maintenance To Major Unmarried Daughter Even If Application Filed Under Section 125 CrPC: Madhya Pradesh High Court Framing Charges Solely On Oral Testimony Despite Contradictory Medical Evidence Impermissible Without Recorded Reasons: Punjab & Haryana High Court Vehicle Seized For Alleged Cattle Cruelty Can't Be Left To Rot; Prima Facie Ownership Established Via Registration & Insurance Docs: Orissa High Court Labeling Perennial Work As 'Outsourced' To Deny Regularization Is Unconstitutional; State Can't Act Like Private Employer: Telangana High Court Section 138 NI Act | Accused Merely Required To Establish 'Probable Defence' To Shift Burden Of Proof Onto Complainant: Madras High Court Protests Or Being Branded A 'Traitor' Do Not Establish Threat To Life Ipso Facto: Punjab & Haryana High Court On Security Cover

"Arbitration Law" Digest

Expulsion of a Partner – Good Faith Requirement – Section 33 of Indian Partnership Act, 1932 – Expulsion of Meraj Yusha from the partnership firm Serajuddin & Company due to allegations of misconduct and obstructing business operations – Show cause notice issued, subsequent expulsion ordered by majority partners – High Court found procedural lapses in expulsion pr...

Arbitration and Conciliation – Interim Injunction – Maintainability of Petition under Section 9 – Petitioners sought an injunction to prevent the respondent from disposing of properties to enforce an arbitral award from Sweden. The court upheld the maintainability of the petition, rejecting arguments that such relief could only be sought post-enforcement procedures under Part II,...

Arbitration Law - Arbitration Agreement – Clause 70 of Contract – Disputes Arising During the Currency of the Contract – Arbitrator Appointed – Disputes arose due to changes in the scope and design of the project by the respondents, delaying project completion and increasing costs – Clause 28.1.4(c) of the MES Manual allows arbitration during the contract period under...

Arbitration Petition – Appointment of Arbitrator – Non-Arbitrable Disputes – Petition Dismissed – The respondent's petition for appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, was challenged by the appellant – Held: Disputes related to non-payment of wages and wrongful termination fall within the exclusive jurisdiction o...

Arbitration – Ex-parte Interim Measures – Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, is maintainable against an order granting or refusing ex-parte interim measures under Section 9, even if the application is before a Commercial Court. The scope for interference in such appeals is limited, and the appellate court must consider whether the ex-parte measure wa...

Arbitral Award – Section 37 of A&C Act – Appeal challenging dismissal of application under Section 34 – Directorate General Married Accommodation Project (DGMAP) filed intra-court appeal against dismissal of application challenging arbitral award – High Court upheld arbitral award, affirming decision of single judge and rejecting grounds of challenge by DGMAP – Em...

Arbitration – Appointment of Arbitrator – Application under Section 11 of the Arbitration and Conciliation Act, 1996 – Insurance contract dispute – Petitioner’s claim for loss of crane due to fire partially admitted by insurer’s surveyor reports – Dispute over quantum of claim payable – Respondent’s post facto repudiation after commencement of ...

Arbitration and Conciliation – Setting Aside Arbitral Award – Appellant challenged the dismissal of their petition to set aside an arbitral award favoring the claimant for damages due to damaged consignments – Court upheld the arbitral award, stating the arbitrator acted within jurisdiction, provided equal opportunity, and passed a well-reasoned award – Court emphasized min...

Arbitration Law – Interpretation of Limitation under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 – Limitation period extended due to consent of parties – Petitioner’s claims remanded – The petitioner contended the arbitration tribunal's dismissal of claims as time-barred, arguing the extension of the dispute resolution period by mutual consent –...

Arbitration – Extension of Mandate – Petitioners sought extension of Arbitrator’s mandate due to delays caused by the COVID-19 pandemic and severe monsoon conditions – Claimant’s evidence complete, petitioners yet to present evidence – Reference to similar extension granted in connected matters – Court extended Arbitrator’s mandate by six months [Par...