Bangalore metro

Calcutta High Court Allows Composite Arbitration Reference for Disputes Arising from Two Connected Work Orders Under Bangalore Metro Project While Ordering Separate Arbitration for a Third Unconnected Work Order: “Multiplicity Must Be Avoided But Connection Must Be Clear”

Court’s Decision The Calcutta High Court appointed Mr. Jayanta Sengupta as Arbitrator to adjudicate disputes between the parties under three work orders related to the Bangalore Metro Rail Project, Phase-2.…
apartment ownership

Calcutta High Court Directs Competent Authority to Decide Apartment Ownership Dispute Without Disruption of Power and Access, Emphasises “Authority Shall Not Enter Into Private Disputes But Act Under the Act” Amidst Allegations of Non-Payment of Maintenance and Denial of Rights

Court’s Decision The Calcutta High Court disposed of the writ petition by directing the competent authority under the West Bengal Apartment Ownership Act, 1972 to hear and decide the petitioners'…
quashing of rape

Uttarakhand High Court Rejects Quashing of Rape and Forced Conversion Case Despite Compromise, Citing “Conduct That Shocks the Conscience of the Court and Society” and the Gravity of Allegations Including Sedation, Blackmail and Religious Misrepresentation

Court’s Decision The Uttarakhand High Court dismissed the petition seeking quashing of the charge-sheet, cognizance order, and entire trial proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita on…
income tax appeal

Calcutta High Court Directs Expeditious Disposal of Income Tax Appeal Within 3 Months, Holding “Taxpayer Cannot Be Left Uncertain Amid High-Pitched Assessments Where Stay on Demand is Sought Pending Appeal” While Allowing Liberty to Seek Interim Stay if Delay Occurs

Court’s Decision The Calcutta High Court disposed of the writ petition filed by the petitioner challenging the rejection of its application under Section 220(6) of the Income Tax Act seeking…
Jammu & Kashmir High Court Quashes Railway’s Contract Termination for Alleged Delay in Performance Guarantee, Holding “Excluding Issuance Date, Submission Was Within Time, and Non-Issuance of Mandatory Notice Renders Termination Arbitrary” While Refusing Reinstatement Due to Efflux of Time

Jammu & Kashmir High Court Quashes Railway’s Contract Termination for Alleged Delay in Performance Guarantee, Holding “Excluding Issuance Date, Submission Was Within Time, and Non-Issuance of Mandatory Notice Renders Termination Arbitrary” While Refusing Reinstatement Due to Efflux of Time

Court’s Decision The Jammu & Kashmir High Court quashed the communication dated 06.07.2018 issued by the Railway authorities terminating the petitioner’s contract for laundry services at Jammu Tawi and Katra…
home guards

Manipur High Court Quashes Discharge of Home Guards for Alleged Illegal Collection of Money Holding “Denial of Hearing and Non-Framing of Charges Vitiates Action” and Directs Reinstatement with Full Benefits but Permits Fresh Proceedings if Initiated in Accordance with Law

Court’s Decision The Manipur High Court set aside the discharge orders dated 30.06.2022 issued against the petitioners, who were Divisional Commanders in the Manipur Home Guards, and directed their reinstatement…
suit

Uttarakhand High Court Dismisses Petition Challenging Substitution of Legal Representatives in Specific Performance Suit, Holding “Courts Should Advance Justice and Not Deny Claims Solely for Technical Errors Where Good Faith and Bona Fide Mistake Shown”

Court’s Decision The Uttarakhand High Court dismissed the writ petitions challenging the trial court’s orders allowing substitution of the deceased defendant’s legal representative and rejecting the petitioner’s application for dismissal…
extension of time

Calcutta High Court Allows Defendant to File Written Statement Despite 9-Year Delay Post Part-Decree in Commercial Suit, Holding “Transfer to Commercial Division with Amended Pleadings and Non-Supply of Documents Justifies Opportunity in Interests of Justice” Subject to Cost

Court’s Decision The Calcutta High Court allowed the defendant’s application seeking extension of time to file a written statement in a commercial suit filed in 2016 despite a nine-year delay,…