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Waiver Under Section 12(5) Of A&C Act Has To Be By An Express Agreement In Writing: Delhi High Court
[25 May 2022] The Delhi High Court has ruled that any right under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act), that deals with the ineligibility of certain persons to be appointed as an arbitrator, can be
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Person Invoking Article 226 Jurisdiction Must Come With Clean Hands, Must Disclose Complete & Correct Facts: Delhi High Court
[25 May 2022] The Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, adding that there must be disclosure of full, complete and
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Minimum 7 Days Time Has To Be Granted To The Taxpayer To File Reply To The Show Cause Notice: Delhi High Court
[23 May 2022] The Delhi High Court Bench of Justice Manmohan and Justice Dinesh Kumar Sharma has held that under Section 148A(b) of the Income Tax Act, a minimum time of seven days has to be granted to the assessee
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Review | Order 47 Rule 1 CPC Can’t Curtail High Court’s Power To Pass Orders Ex Debito Justitiae: Calcutta HC
[25 May 2022] The Calcutta High Court while enumerating upon the vires of power in plenary jurisdiction observed that although Order 47, Rule 1 of the CPC imposes a restriction upon parties to approach the Court for review of an
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Executive Can’t Exempt Use Of Copyrighted Sound Recordings In Marriage Functions, “Fair Use” To Be Decided In Facts Of Each Case: Punjab & Haryana HC
[25 May 2022] While quashing a public notice/letter exempting use of copyrighted sound recordings in marriage functions from liability, the Punjab and Haryana High Court recently held that the executive has no authority under the Copyright Act to clarify or
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Arbitrator Cannot Rewrite Terms Of The Agreement Merely Because It Flouts Business Common Sense: Delhi High Court
[24 May 2022] The High Court of Delhi held that the arbitrator cannot re-write the terms of the agreement between the parties merely because they flout business common sense. The Single Bench of Justice Vibhu Bakhru has held that an
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While Contesting Application Under Order VII Rule 11 CPC Only Contents Of Plaint Are To Be Seen: Punjab & Haryana High Court
[24 May 2022] Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order vide which the application preferred by the defendant no.1 (petitioner) under Order VII Rule 11
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Arbitral Award Passed In Disregard To Judicial Decisions Conflicts With The Public Policy : Delhi High Court
[24 MAay 2022] The Delhi High Court has held that an arbitral award that is not in consonance with the judicial decisions and principles laid down by the courts of India would be in violation of the fundamental policy of
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Inadvertent Mistake By Court While Adjourning Matter Can’t Take Away Valuable Right Of Party To Lead Evidence: Punjab & Haryana High Court
[23 May 2022] Punjab and Haryana High Court while dealing with a revision petition filed under Article 227 of the Constitution of India challenging the order of the Trial Court which instead of adjourning the case for plaintiff's evidence, fixed
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S.82 CrPC | 30 Days Period Between Actual Date Of Effecting Proclamation & Date Nominated For Appearance Is Mandatory: Punjab & Haryana High Court
[20 May 2022] The Punjab and Haryana High Court held that a clear period of 30 days starting from the date when a proclamation under Section 82 of the CrPC. is actually affected up to the date nominated for causing
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Can’t Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act : Bombay High Court
[19 May 2022] The Bombay High Court has observed that a daughter-in-law cannot be directed to pay maintenance to her ailing mother-in-law, especially in the absence of any proof of the woman's income. "We have reservations about such direction to
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Applicability Of S.148 NI Act Will Extend To Appeals Arising Out Of Complaint Cases Filed Prior To 2018 Amendment: Delhi High Court
[19 May 2022] The Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of complaint cases that have been filed prior to the amendment of
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Trial Court Has Power To Modify Orders Of Custody & Disposal Of Property Pending Trial U/S 451 CrPC As Per Changed Circumstances: Delhi High Court
[19 May 2022] The Delhi High Court has observed that the Trial Court would not be powerless to modify orders of custody and disposal of property pending trial as provided under sec. 451 of the Code of Criminal Procedure, as
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Joint Auction Under IBC And SARFAESI Is Permissible: NCLAT
[18 May 2022] National Company Law Appellate Tribunal (NCLAT) Principal Bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Ayan Mallick v. Pratime Bayal upheld the Order of NCLT, Kolkata wherein NCLT held that a
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Delhi High Court Grants Ex-Parte Ad Interim Injunction In Favour Of Burger King In Trademark Infringement Suit
[18 May 2022] The Delhi High Court has recently granted ex-parte ad interim injunction in favour of 'BURGER KING' in the trademark infringement suit filed by it against the defendants alleging that they were misusing, its registered trademarks and also
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Mere Expiry Of Employee’s Deputation Period Does Not Divest Disciplinary Authority From Initiating Enquiry For Misconduct: Delhi High Court
[18 May 2022] The Delhi High Court has observed that merely because the period of deputation of an employee may have come to an end, it would not divest the Disciplinary Authority of the company, Power Finance Corporation Limited (PFCL)
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‘Atlantis Resorts Enjoy Enormous Global Reputation’: Delhi High Court Grants Interim Injunction Against Use Of Infringing Marks
[18 May 2022] The Delhi High Court granted injunction in favour of Kerzner International, a company which owns the chain of Atlantis resorts in Dubai, Bahamas and China, against one Vokas Aggarwal using the mark 'Atlantis Park Ballroom' in respect
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Rejected Claims By Resolution Professional In Insolvency Proceedings, To Be Decided By The Arbitrator: Delhi High Court
[18 May 2022] The High Court of Delhi held that the claims rejected by Resolution Professional in the insolvency proceedings on the ground that they arose after the Insolvency Commencement Date (ICD), are to be decided by the arbitrator. The
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Delhi High Court Appoints Expert To Assist On Fair Use Of Sound Recordings In Marriage Ceremonies U/S 52(1)(za) Of Copyright Act
[17 May 2022] The Delhi High Court has appointed Dr. Arul George Scaria as an expert to assist it in the interpretation of sec. 52(1)(za) of the Copyright Act, 1957 to the extent of fair use and fair dealing of
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Kissing & Fondling Not Unnatural Offence U/S 377 IPC: Bombay High Court Grants Bail To POCSO Accused
[16 May 2022] Observing that kissing and touching private parts are prima facie not unnatural offences under Section 377 of the Indian Penal Code, the Bombay High Court granted bail to a man accused of a minor boy's sexual assault.
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Persons Not Responsible To Company For Conduct Of Its Business Can’t Be Prosecuted For Violation Of Contract Labour Abolition Act: Jharkhand HC
[16 May 2022] The Jharkhand High Court noted that a perusal of Section 25 of the Contract Labour (Regulation & Abolition) Act, 1970 indicates that every person in charge of and responsible to the company for the conduct of its
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Order 10 CPC | Oral Examination Of Any Party To Suit Regarding Controversy Involved Therein Is A Matter Of Discretion: Delhi High Court
[16 May 2022] The Delhi High Court has observed that under Order 10 of the Code of Civil Procedure, the question of whether any of the parties to the suit is required to be orally examined on any aspect relevant
Asia Law Offices advised a major transactional strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals
Asia Law Offices advised a major transactional strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals