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Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.
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The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.
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In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’
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Moot point for consideration in the case was to examine the total amount of time the Speaker of the House should take to discharge his statutory obligation. The Court granted 10 days’ time to file a reply
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The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.
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The Court observed that the Tribunal after holding that there was a fundamental breach of contract, factored in the contributory delay caused by the appellant and fairly awarded ‘Loss of Profit’ by slashing it to 50% of the original claim put forth by the appellant.
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Kerala High Court while dealing with the issue of limitation for filing claim petition, considered the months and not days from the date of accident, for calculating the limitation period.
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While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
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In the case at hand, the date of birth of both the petitioners showed them to be major and they claim their decision live together to be based upon voluntarily will/option.
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The Delhi High Court held that the Government should ensure strict compliance of the statutory provisions under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 and directed the Government to ensure free food and medical treatment to HIV/AIDS patients who were below the poverty line and were unable to afford the same.
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The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.
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Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.
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Calcutta High Court based its ruling on the well settled principle of law that where oral evidence is convincing, reliable and trustworthy, the motive behind the occurrence loses its relevance.
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A welfare State has necessarily to balance augmenting of its revenues to provide for sources of funds for welfare measures and other expenses of the State on the one hand and mitigating the hardship of taxes as far as possible to its citizens, on the other.
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The Delhi High Court held that belated admission in a particular academic year would be totally dehors the scheme of the Delhi School Education Act and Rules, 1973 and would be counterproductive to the very purpose of reserving seats for children belonging to the EWS category.
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“The Courts must certainly step in and thwart any and all kinds of injustice, malafide and/or arbitrary exercise of executive power on the liberty of the citizens of this country; however, in absence of the same, any judicial interference in the domain of the executive, would be unwarranted.”
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Karnataka High Court observed that merely because Covaxin is being taken by public, it will not make a private contract enforceable or justiciable in the Courts of law, which are pre-dominantly meant for public law remedy.
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Allahabad High Court observed that Section 201 IPC looks upon a person giving false information with intent to screen an offender as an accessory after the fact and makes him culpable as an offender committing an offence against public justice. It partly allowed the appeal against conviction under Section 201 IPC, but upheld the conviction for murder.
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The Court directed the respondents to identify a place to feed the stray dogs in accordance with the guidelines laid down by the Courts, Supreme Court and AWBI.
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J&K and Ladakh High Court upheld the decision of the J&K State Consumer Disputes Redressal Commission, allowing the respondents to claim the payment of double the sum assured, as per their deceased father’s life insurance policy, which had a “Double Accident Benefit Cover” clause
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