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Home - News - Page 314

Sikkim High Court Reinstates Arbitral Award, Emphasizing the Separability Principle: Holds That an Arbitration Agreement Remains Valid and Enforceable Regardless of the Termination or Invalidity of the Underlying Contract
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Sikkim High Court Reinstates Arbitral Award, Emphasizing the Separability Principle: Holds That an Arbitration Agreement Remains Valid and Enforceable Regardless of the Termination or Invalidity of the Underlying Contract

Court's Decision: The Sikkim High Court allowed the appeal, setting aside the District Judge's judgment which had annulled the arbitral award on the grounds that the arbitration clause perished with…
Posted by Rawlaw November 25, 2024
Sikkim High Court Reiterates High Burden on Drawer to Disprove Presumption of Debt Under Section 139: Upholds Conviction for Cheque Dishonor
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Sikkim High Court Reiterates High Burden on Drawer to Disprove Presumption of Debt Under Section 139: Upholds Conviction for Cheque Dishonor

Court’s Decision: The Sikkim High Court dismissed the Revision Petition and upheld the conviction of the Revisionist for dishonoring a cheque of ₹20,00,000 under Section 138 of the Negotiable Instruments…
Posted by Rawlaw November 25, 2024
Sikkim High Court Rules: "Touching a Minor's Left Breast in a Taxi Indicates Sexual Intent; Conviction Under POCSO Act and IPC Upheld"
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Sikkim High Court Rules: “Touching a Minor’s Left Breast in a Taxi Indicates Sexual Intent; Conviction Under POCSO Act and IPC Upheld”

Court’s Decision: The High Court of Sikkim, through Justice Meenakshi Madan Rai, upheld the conviction and sentence imposed on the appellant by the Special Judge (POCSO) under Section 7 of…
Posted by Rawlaw November 25, 2024
Sikkim High Court Upholds Compensation Award: "Insurance Companies Must Adhere to Statutory Defenses; Prohibits Introducing New Arguments at the Appellate Stage;"
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Sikkim High Court Upholds Compensation Award: “Insurance Companies Must Adhere to Statutory Defenses; Prohibits Introducing New Arguments at the Appellate Stage;”

Court’s Decision The Sikkim High Court dismissed the appeal filed by the insurance company challenging the Motor Accidents Claims Tribunal’s (MACT) award of ₹21,56,000 to the claimant. The court emphasized:…
Posted by Rawlaw November 25, 2024
High Court of Sikkim Reaffirms Separability Doctrine: "Even if the Primary Agreement is Rendered Void or Terminated, the Arbitration Clause Remains Valid" Under Arbitration Act, 1996
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High Court of Sikkim Reaffirms Separability Doctrine: “Even if the Primary Agreement is Rendered Void or Terminated, the Arbitration Clause Remains Valid” Under Arbitration Act, 1996

Court’s Decision: The High Court of Sikkim overturned the decision of the District Judge, who had invalidated the arbitral award based on the invalidation of the underlying contract. The court…
Posted by Rawlaw November 25, 2024
Supreme Court Enhances Compensation for Motor Accident Victim Injured in 2008 Collision with Rashly Driven Lorry to ₹1.02 Crores: "Compensation Must Reflect Pain, Suffering, and Permanent Disability"
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Supreme Court Enhances Compensation for Motor Accident Victim Injured in 2008 Collision with Rashly Driven Lorry to ₹1.02 Crores: “Compensation Must Reflect Pain, Suffering, and Permanent Disability”

Court’s Decision The Supreme Court enhanced the compensation payable to the appellant to ₹1,02,29,241. The Court revised two key components: Future Prospects: Increased the addition for future income to 50%…
Posted by Rawlaw November 25, 2024
Supreme Court Acquits Accused in Brutal Murder Case; Emphasizes Heinousness of Crime Does Not Reduce Prosecution’s Burden to Prove Guilt Beyond Reasonable Doubt
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Supreme Court Acquits Accused in Brutal Murder Case; Emphasizes Heinousness of Crime Does Not Reduce Prosecution’s Burden to Prove Guilt Beyond Reasonable Doubt

Court’s Decision: The Supreme Court overturned the convictions of the accused in a brutal murder case, finding that the prosecution failed to provide legally admissible evidence proving guilt beyond a…
Posted by Rawlaw November 25, 2024
Supreme Court Expunges Adverse Remarks Against Additional District and Sessions Judge Over Bail Order; Criticism of Subordinate Judges Must Be Addressed Administratively, Not Through Judicial Orders
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Supreme Court Expunges Adverse Remarks Against Additional District and Sessions Judge Over Bail Order; Criticism of Subordinate Judges Must Be Addressed Administratively, Not Through Judicial Orders

Court’s Decision: The Supreme Court expunged adverse remarks made by the Delhi High Court against an Additional District and Sessions Judge (the appellant) regarding his handling of a bail application.…
Posted by Rawlaw November 25, 2024
Supreme Court Clarifies Scope of Section 29A(4) of Arbitration and Conciliation Act: “Courts Have the Discretion to Extend Arbitral Mandates Post-Expiry, Provided Sufficient Cause Is Shown”
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Supreme Court Clarifies Scope of Section 29A(4) of Arbitration and Conciliation Act: “Courts Have the Discretion to Extend Arbitral Mandates Post-Expiry, Provided Sufficient Cause Is Shown”

Court’s Decision The Supreme Court ruled that under Section 29A(4) of the Arbitration and Conciliation Act, 1996, an application to extend the mandate of an arbitral tribunal can be filed…
Posted by Rawlaw November 25, 2024
Bombay High Court Quashes 26-Year-Old Customs Recovery Notice Under Section 143 of the Customs Act, Rules Delay Unreasonable in Absence of Fraud or Suppression
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Bombay High Court Quashes 26-Year-Old Customs Recovery Notice Under Section 143 of the Customs Act, Rules Delay Unreasonable in Absence of Fraud or Suppression

Court’s Decision: The Bombay High Court quashed the recovery notice issued under Section 143 of the Customs Act, 1962, against Mahindra and Mahindra Ltd., ruling that initiating proceedings after a…
Posted by Rawlaw November 24, 2024

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