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Home - News - Page 298

Delhi High Court: Appointment of Sole Arbitrator Upheld Under Section 11 of Arbitration and Conciliation Act; Non-Participation of Respondents Does Not Impede Arbitration Proceedings
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Delhi High Court: Appointment of Sole Arbitrator Upheld Under Section 11 of Arbitration and Conciliation Act; Non-Participation of Respondents Does Not Impede Arbitration Proceedings

Court’s Decision: The Delhi High Court, presided by Justice Sachin Datta, invoked its jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, to appoint a Sole Arbitrator to…
Posted by Rawlaw December 16, 2024
Kerala High Court Quashes Flawed Orders Denying Managerial Approval: Clarifies Educational Agencies Can Appoint Non-Owners as Managers Under Kerala Education Rules
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Kerala High Court Quashes Flawed Orders Denying Managerial Approval: Clarifies Educational Agencies Can Appoint Non-Owners as Managers Under Kerala Education Rules

Court’s Decision The Kerala High Court allowed the writ petition, overturning Exts. P6(a), P8, and P9 orders issued by educational authorities, which rejected the petitioners' request to approve the appointment…
Posted by Rawlaw December 16, 2024
Supreme Court Overturns High Court Order, Upholds Lease Cancellation Due to Non-Payment by Allottees and Labels Tenant’s Claim as Proxy Litigation and Abuse of Law
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Supreme Court Overturns High Court Order, Upholds Lease Cancellation Due to Non-Payment by Allottees and Labels Tenant’s Claim as Proxy Litigation and Abuse of Law

Court’s Decision The Supreme Court overturned the Punjab and Haryana High Court's decision that restored the leasehold allotment of a booth site in Chandigarh to the original allottees. It also…
Posted by Rawlaw December 16, 2024
Delhi High Court Sets Aside Penalty for Overstaying Leave Due to Medical Illness, Holds Non-Wilful Absence Cannot Constitute Misconduct in Employment Disciplinary Proceedings
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Delhi High Court Sets Aside Penalty for Overstaying Leave Due to Medical Illness, Holds Non-Willful Absence Cannot Constitute Misconduct in Employment Disciplinary Proceedings

Court’s Decision The Delhi High Court allowed the writ petition, quashing the orders passed by the disciplinary, appellate, and revisional authorities. The court held that: The petitioner’s absence was not…
Posted by Rawlaw December 16, 2024
Kerala High Court Dismisses Insurance Company's Appeal: Holds Police Charge Sheet as Prima Facie Evidence, Enhances Compensation in Motor Accident Claims for Death of Pillion Rider and Injured Rider
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Kerala High Court Dismisses Insurance Company’s Appeal: Holds Police Charge Sheet as Prima Facie Evidence, Enhances Compensation in Motor Accident Claims for Death of Pillion Rider and Injured Rider

Court’s Decision: The Kerala High Court dismissed the insurance company’s appeals in two motor accident claims and upheld the Motor Accident Claims Tribunal (MACT) findings. The court: Affirmed that the…
Posted by Rawlaw December 16, 2024
Supreme Court Partially Discharges Appellants in IPC Section 306 Case; Upholds Charges Under Section 498A, IPC: "Prima Facie Cruelty Established, but Mens Rea for Abetment Lacking"
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Supreme Court Partially Discharges Appellants in IPC Section 306 Case; Upholds Charges Under Section 498A, IPC: “Prima Facie Cruelty Established, but Mens Rea for Abetment Lacking”

Court’s Decision The Supreme Court partially allowed the appeal: Discharge from Section 306, IPC: The Court discharged the appellants from the charge of abetment of suicide under Section 306, IPC,…
Posted by Rawlaw December 16, 2024
Delhi High Court: "Resignation During Disciplinary Proceedings Invalid; Strict Compliance with Rules and Discipline Essential for Senior Officers in Paramilitary Forces"
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Delhi High Court: “Resignation During Disciplinary Proceedings Invalid; Strict Compliance with Rules and Discipline Essential for Senior Officers in Paramilitary Forces”

Court's Decision The Delhi High Court dismissed the writ petition challenging the dismissal of a Central Reserve Police Force (CRPF) officer. It held that disciplinary proceedings were conducted in compliance…
Posted by Rawlaw December 16, 2024
Bombay High Court Upholds Non-Maintainability of Appeals in Arbitral Award Execution Proceedings: “Res Judicata Bars Re-Litigation, and Arbitration and Conciliation Act Operates as a Self-Contained Code”
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Bombay High Court Upholds Non-Maintainability of Appeals in Arbitral Award Execution Proceedings: “Res Judicata Bars Re-Litigation, and Arbitration and Conciliation Act Operates as a Self-Contained Code”

Court’s Decision: The Bombay High Court ruled that appeals filed against orders in proceedings for the execution or enforcement of arbitral awards under Section 36 of the Arbitration and Conciliation…
Posted by Rawlaw December 14, 2024
Supreme Court Clarifies Limits of High Court’s Writ Jurisdiction, Upholds Quasi-Judicial Independence, and Frames Doctrine for Summary Eviction Proceedings Under Mumbai Municipal Corporation Act
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Supreme Court Clarifies Limits of High Court’s Writ Jurisdiction, Upholds Quasi-Judicial Independence, and Frames Doctrine for Summary Eviction Proceedings Under Mumbai Municipal Corporation Act

Court’s Decision: The Supreme Court allowed the appeals filed by the Municipal Corporation of Greater Mumbai, setting aside the Bombay High Court's order that framed nine points for determination in…
Posted by Rawlaw December 14, 2024
Delhi High Court Orders Disability Pension for Coast Guard Veteran, Emphasizes the Presumption of Service-Related Disability in Absence of Pre-Existing Conditions
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Delhi High Court Orders Disability Pension for Coast Guard Veteran, Emphasizes the Presumption of Service-Related Disability in Absence of Pre-Existing Conditions

Court’s Decision: The Delhi High Court directed the Union of India and its authorities to grant the petitioner disability pension at a composite disability assessment of 50%. It awarded interest…
Posted by Rawlaw December 14, 2024

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