Raw Law

Delhi High Court Rules That MSMED Act Overrides Contractual Arbitration Agreements: Dismisses Petition for Arbitrator Appointment Under Section 11 of the A&C Act Due to Pending MSME Facilitation Council Proceedings

1. Court’s Decision The court dismissed the petition seeking the appointment of an arbitrator under Section 11 of the A&C Act. The reason for this was that the respondent, an…

Rawlaw February 24, 2025

News

Bombay High Court Rules That Mutation Entries Alone Do Not Confer Ownership and Partition Suit Cannot Be Rejected at the Initial Stage Without Proper Evidence on Limitation and Exclusion of Rights

1. Court’s Decision The High Court dismissed the Civil Revision Applications and affirmed the trial court’s decision. The court ruled that the plaintiffs' claims required factual determination through trial, and…

Rawlaw February 24, 2025

News

Supreme Court Quashes Criminal Proceedings Against In-Laws in Dowry Harassment Case: “General Allegations Without Specific Acts Do Not Constitute a Prima Facie Case”; Emphasizes Need for Specific Evidence in Domestic Violence Cases

Court’s Decision The Supreme Court of India quashed criminal proceedings against two appellants (the sister-in-law and nephew of the complainant’s mother-in-law) involved in a case of dowry harassment and domestic…

Rawlaw February 23, 2025

News

Jammu & Kashmir High Court Affirms Educational Trust’s Exclusive Ownership Over Suit Pathway; Rejects Appellants’ Easementary Claims for Lack of Evidence Under Order 39 Rule 1 and 2 CPC

Court’s Decision The Jammu & Kashmir High Court dismissed the appeal filed by the appellants, affirming the trial court’s order under Order 39 Rule 1 and 2 of the Code…

Rawlaw February 23, 2025

News

Delhi High Court: “There Is Ample Material to Create Doubt on the Genuineness of the Encounter”; Orders CBI Probe Into 2006 Special Cell Encounter, Citing NHRC and Magisterial Findings of a “Fake Encounter”

Court’s Decision The Delhi High Court ordered a CBI inquiry into the 2006 encounter carried out by the Special Cell of Delhi Police, which resulted in the death of five…

Rawlaw February 23, 2025

News

Calcutta High Court Dismisses Revision Application in Motor Accident Claim Case: Upholds Procedural Flexibility, Validates Amendment for Treatment Expenses, and Acceptance of Delayed Written Statement to Emphasize Justice Over Procedural Rigidity

Court’s Decision The Calcutta High Court dismissed the revision application filed under Article 227 of the Constitution, challenging three orders passed by the City Civil Court, Calcutta, in connection with…

Rawlaw February 23, 2025

News

Karnataka High Court Dismisses Pleas Against No-Confidence Motion Notices, Holds That 15-Day Notice Period Runs From Meeting Date, Not Service Date

Court’s Decision: The Karnataka High Court dismissed two writ petitions filed against notices convening a special meeting of the Panchayat to consider a no-confidence motion. The court concluded that the…

Rawlaw February 23, 2025

News

Delhi High Court Dismisses Visually Challenged Workman’s Plea to Restore Withdrawn Claim, Holds That Sympathy Cannot Override Legal Procedure

Court’s Decision The Delhi High Court dismissed the petition filed by a visually challenged workman challenging the Labour Court’s order that refused to restore his withdrawn claim petition. The court…

Rawlaw February 23, 2025

News

Bombay High Court: Writ Petition Challenging Arbitrator’s Decision to Exhibit Documents Without Ruling on Objections Dismissed—“Interlocutory Orders of Arbitral Tribunals Cannot Be Challenged Under Article 227”

Court’s Decision The Bombay High Court dismissed the writ petition, holding that the challenge to an interlocutory order passed by an arbitral tribunal was not maintainable under Article 227 of…

Rawlaw February 23, 2025

News

Delhi High Court Quashes Reassessment Under Section 148A(d), Holding That Income Tax Authorities Cannot Reopen Assessment Twice on the Same Grounds Without Fresh Material Evidence

Court’s Decision The Delhi High Court ruled in favor of the petitioner and quashed the order dated 22.04.2024 issued under Section 148A(d) of the Income Tax Act, 1961, as well…

Rawlaw February 23, 2025