Raw Law

Bombay High Court Sets Aside DRAT’s Remand Order: Directs Appellate Tribunal to Decide Debt Recovery Case on Merits, Reinforces Judicial Responsibility to Avoid Procedural Delays

Court's Decision The court set aside the Debt Recovery Appellate Tribunal's (DRAT) common order, which had remanded the case back to the Debt Recovery Tribunal (DRT) for reconsideration. Instead of…

Rawlaw February 20, 2025

News

Allahabad High Court Upholds Arbitrator’s Appointment in Custom Milled Rice Dispute: Reinforces Waiver Doctrine and Importance of Raising Jurisdictional Objections at the Earliest Stage in Arbitration

Court's Decision This case revolves around a dispute concerning the recovery of dues related to the Custom Milled Rice (CMR) scheme. The petitioner is engaged in the business of milling…

Rawlaw February 20, 2025

News

Allahabad High Court Upholds Bank’s Right to Forfeit Auction Deposit: Reaffirms Strict Three-Month Payment Deadline Under SARFAESI Act, Rejects Bidder’s Plea for Further Extension, and Strengthens Legal Certainty in Time-Bound Asset Recovery Processes

1. Court’s Decision The writ petition was dismissed because the petitioners had already been given the maximum three-month extension to pay the balance of the auction price. The court upheld…

Rawlaw February 20, 2025

News

Bombay High Court Strikes Down Arbitrary Tender Conditions in Municipal Contract: Upholds Fair Competition, Non-Discrimination, and Compliance with Procurement Guidelines to Ensure Equal Opportunity for Bidders

Court’s Decision The High Court ruled that certain conditions in the tender document issued by the municipal corporation were arbitrary and discriminatory. Specifically, the requirement of a minimum net worth…

Rawlaw February 20, 2025

News

Allahabad High Court Grants Bail Due to Unreasonable Trial Delay: Reaffirms Right to Speedy Trial Under Article 21 and Rejects Indefinite Undertrial Detention

Court’s Decision The High Court granted bail to the applicant, emphasizing that the delay in concluding the trial violated the applicant's fundamental right to a speedy trial as guaranteed under…

Rawlaw February 20, 2025

News

Bombay High Court Upholds Arbitration Clause in Employment Dispute: Rejects Frivolous Objections, Appoints Sole Arbitrator, and Reinforces Efficiency in Dispute Resolution

Court's Decision This case revolves around a dispute related to employment termination, salary dues, and the invocation of an arbitration clause under an employment agreement. The key issue was whether…

Rawlaw February 20, 2025

News

Allahabad High Court Reaffirms “Pay and Recover” Principle: Insurers Must Compensate Accident Victims First Despite 2019 Motor Vehicles Act Amendment, Ensuring Timely Financial Relief and Upholding Third-Party Rights

Court’s Decision The court held that the deletion of the proviso to Section 149(4) does not remove the insurer’s liability to compensate accident victims in the first instance. The court…

Rawlaw February 20, 2025

News

Delhi High Court Declares UAPA Arrests Unconstitutional Without Written Grounds: Strengthens Article 22(1) Protections and Judicial Scrutiny of Remand Orders

Court's Decision This case examines whether an arrest made under the Unlawful Activities (Prevention) Act, 1967 (UAPA) is legally valid when the arrestees are not provided with written grounds for…

Rawlaw February 20, 2025

News

Allahabad High Court Upholds Rejection of Multi-State Cooperative Bank Registration: Ruling Reinforces Regulatory Compliance and Proof of Operations Across States

Court’s Decision The court examined whether the petitioner, a cooperative bank, was eligible for multi-state cooperative society registration under the Multi-State Cooperative Societies Act, 2002. The primary contention was that…

Rawlaw February 20, 2025