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The Himachal High Court bench of Ms. Justice Jyotsna Rewal Dua has held that the High Court which exercises original civil jurisdiction cannot be classified as 'Court' for the purpose of Section 42 of the Arbitration and Conciliation Act when it merely appointed arbitrators under Section 11 of the Act. Section 42 of the Act will not be attracted where …

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. The court in the impugned order held that as per the law laid down …

A single judge bench of the Himachal Pradesh HC comprising of Justice Jyotsna Rewal Dua, while deciding writ petition held that contractual service preceding regularization qualifies as service for pensionary benefits & annual increments under the CCS Pension Rules. It was claimed by the petitioners that, as far as the High Court of Himachal Pradesh has laid down in Sheela …

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua affirmed that supervisory role of Courts is very restricted in dealing with appeals under Section 37 of the Arbitration Act. The NHAI feeling aggrieved against the enhancement in the market value determined by the Arbitrator took recourse to Section 34 of the Act and filed applications assailing the …

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua, affirmed that 'patent illegality' in the award calls for interference under section 34 of the Arbitration Act but a mere illegality is not patent illegality. The NHAI feeling aggrieved against the enhancement in the market value determined by the Arbitrator took recourse to Section 34 of the Act …

The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Brief Facts: The petitioner, an advocate practicing in the High Court of Himachal Pradesh, approached the …

A two-member bench of the Himachal Pradesh High Court on Wednesday referred to a third judge the case of three Independent MLAs who want the assembly Speaker to accept their resignations. But the division bench comprising Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua offered differing views on whether the court can issue directions to the Speaker …

The Himachal Pradesh High Court has recently held that even if there strong evidence about a socio-economic offence of serious magnitude, 'gravity can only beget length of the sentence' provided in law after the trial. Granting bail in a case of misappropriation of a government scholarship fund Justice Jyotsna Rewal Dua noted that, "Grant of bail cannot be thwarted merely …

The Himachal Pradesh High Court has sought the response of the State government in a writ petition seeking upgradation of the practices used by Investigating Agencies during the course of the crime investigation.A Division Bench of Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua has also asked the State government to specify the pendency of samples in the Forensic …

The Himachal Pradesh High Court has sought response of District Commissioners of all districts in the State to furnish details on the availability of medical facilities in every district and also on the number of doctors and paramedical staff posted in the districts.A division bench comprising of Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua gave one week's …

Court's proceedings are sacrosanct and should not be polluted by unscrupulous litigants, remarked the Himachal Pradesh High Court recently. The bench comprising of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua observed thus while dismissing two writ petitions. While dismissing the writ petitions, the bench further observed: "The judicial system has been abused and virtually brought to its knees by …

Jyotsna Rewal Dua

Taking suo motu cognizance, the Himachal Pradesh High Court on Monday directed the government to file a status report in a case related to torture of an elderly woman on the suspicion of being a witch. Delhi AQI 'very poor' as stubble burning spikesA Division Bench of Chief Justice L. Narayana Swamy and Justice Jyotsna Rewal Dua passed the order …

Architect Has No Right To Object Demolition Of Building Designed By Him; Delhi HC Dismisses Raj Rewal's Plea To Recreate Nehru Pavilion [Read Judgment]

The Centre has notified the appointments of Advocates Anoop Chitkara as a permanent judge and Jyotsana Rewal Dua as an additional judge of the High Court of Himachal Pradesh.On April 30, the SC Collegium had recommended them as judges of Himachal Pradesh High Court, along with Advocate Satyen Vaidya.All three nominees were found suitable by the Supreme Court Collegium for …