Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"Arbitration Law" Digest

Background and Appeals – Cross-appeals filed by M/s Oravel Stays Pvt. Ltd. (OSPL) and Nikhil Bhalla (NB) against the order of the learned Commercial Court rejecting OSPL's application to refer the dispute to arbitration under Section 8 of the A&C Act - Both parties challenge aspects of the judgment related to the existence and scope of the arbitration agreement under the Marketing an...

Arbitration – Extension of Arbitral Tribunal's Mandate –  Arbitration Law – Applications filed under Section 29(A)(4) and Section 29(A)(5) of the Arbitration & Conciliation Act, 1996 – M/s Geo Miller & Co. Pvt. Ltd. and GPT Infraprojects Limited sought extension of arbitral tribunal’s mandate – High Court appointed arbitrators under Section 11 o...

Civil Jurisdiction - Territorial Jurisdiction - Arbitration Agreement - Interpretation of seat of arbitration - Dispute over territorial jurisdiction - Whether the court has territorial jurisdiction to entertain the present petition - Examination of arbitration agreement's clauses - Determination of the "seat" of arbitration - Analysis of relevant precedents regarding seat of arbitra...

Arbitration and Additional Evidence - Petitioner filed a challenge against an order passed by the Arbitrator declining their application for additional evidence - Petitioner sought to present photographs, videos of locality, and sale-deeds to determine compensation - Court relied on Glenocore International case, holding that additional evidence may be permitted in appropriate cases - Impugned orde...

Criminal Appeal – Murder – Appellants challenging their conviction under Sections 302, 323, 504, and 149 of the Indian Penal Code (IPC) – Analysis of ocular account – Principles for appreciating ocular evidence – Consistency of witness statements – Medical evidence corroborating ocular account – Recovery of weapons – Application of Section 149 of IPC...

Arbitration Agreement – Prima facie consideration of the existence and validity of an arbitration agreement within the context of an application under Section 8 of the Arbitration and Conciliation Act – Court's role in determining the existence of a valid arbitration agreement and referring parties to arbitration – Application filed by plaintiff challenging the validity of a ...

Arbitration and Conciliation Act, 1996 – Section 37(1) Appeal – Challenge against order passed by ADJ dismissing application under Section 34 of A&C Act – Appeal dismissed, affirming Sole Arbitrator’s award. [Para 1, 6, 25]   Arbitration Agreement – Enforcement and interpretation – Arbitrator’s jurisdiction encompassed disputes arising from ...

Enforcement of Foreign Award – Jurisdiction of Delhi High Court in Enforcement Proceedings – Award debtor’s contention of lack of jurisdiction due to non-residency and absence of assets in Delhi – Counter-argument of assets owed to award debtor by a company in Delhi – Court’s determination of jurisdiction based on existence of debtor’s assets within its do...

Arbitration and Conciliation Act, 1996 – Section 34 – Challenge to Arbitral Award – Petitioner challenges the arbitral award under Section 34 of the A&C Act – Objection to the award delivered by the Arbitral Tribunal concerning a Services and Alliance Agreement. [Para 1]   Arbitral Proceedings and Award – Disputes arising from the Services and Alliance ...

Petition for ‘No Objection Certificate’ – Petitioner challenges the rejection of his application to open a retail meat shop. The rejection is based on an unfavorable police report, citing proximity to religious places and potential unauthorized meat sales. [Para 1-3] Presumptive Grounds – The court finds that the ground of potential unauthorized meat sales is presumptive...