Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court
10 months, 3 weeks ago

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court

Live Law  

The High Court of Calcutta has held that the Court under Section 9 of the A&C Act can punish for the disobedience of its order. Thereafter, the petitioner approached the Commercial Court under Section 9 of the A&C Act seeking refund of the encashed amount and also restraining the respondent from acting on notice of invocation in respect of the remaining bank guarantees. Analysis by the Court The Court noted that the Commercial Court at Rajarhat had jurisdiction to implement its own order under Section 9 of the A&C Act, even after the constitution of the Arbitral Tribunal. The Court held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order. The Court held that the petitioner should have approached the Commercial Court under Section 9 for the enforcement of its order and for action against respondent no.4 for violation of the Court's order.

High Court Court Bank Commercial Writ Order Held Respondent No Respondent Cpc Rule Petitioner Adv Its Order Npa Section 9 39 Rule 2A Order 39 Rule  court  power  disobedience  writ  held  rule  commercial  akin  petitioner  calcutta  respondent  adv  punish  mr  order  bank  cpc  high

History of this topic

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
8 months, 2 weeks ago

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

Live Law  

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting. …

Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court
10 months, 3 weeks ago

Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court

Live Law  

The High Court of Calcutta has held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order. Analysis by the Court The Court noted that the Commercial Court at Rajarhat had jurisdiction to implement its own order under Section 9 of the A&C Act, even after the …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Madras High Court Suspends Sentence Of IAS Officer, Others In Contempt Case
1 year, 7 months ago

Madras High Court Suspends Sentence Of IAS Officer, Others In Contempt Case

Live Law  

The Madras High Court has suspended the order of imprisonment against IAS officer Pradeep Yadav and two others in the contempt case for failure to implement court orders while he was holding the post of the Principal Secretary to the School Education Department.The division bench of Justice SS Sundar and Justice Bharatha Chakravarthy of the Madurai bench suspended the sentence …

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
2 years ago

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

Live Law  

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 and section 420 of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the said provisions. The single judge bench of Justice Rai Chattopadhyay observed: “Peculiarly enough in this case the complaint discloses …

Madras High Court Requests Advocate General To Consider Invoking Vexatious Litigation (Prevention) Act Against Chennai Resident
2 years, 5 months ago

Madras High Court Requests Advocate General To Consider Invoking Vexatious Litigation (Prevention) Act Against Chennai Resident

Live Law  

The Madras High Court recently requested the Advocate General R Shunmugasundaram to consider passing appropriate orders under the Vexatious Litigation Act 1949 against a Chennai resident who is prima facie in the habit of filing vexatious litigations in different courts throughout the state.The bench of Justice Paresh Upadhyay and Justice D Bharatha Chakravarthy gave liberty to. The Madras High Court …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case
3 years, 1 month ago

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

Live Law  

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not …

'Our Conduct Unbecoming Of The Majesty High Court Commands': Sitting Calcutta HC Judge Takes Objection To Listing Of Narada Case
3 years, 9 months ago

'Our Conduct Unbecoming Of The Majesty High Court Commands': Sitting Calcutta HC Judge Takes Objection To Listing Of Narada Case

Live Law  

"Our conduct is unbecoming of the majesty the High Court commands," said Justice Arindam Sinha, a Sitting Judge of the Calcutta High Court while expressing reservations on the manner in which the transfer plea filed by Central investigation agency— CBI in the Narada scam case, was listed before a Division Bench on May 17. However, the first Division Bench look …

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
4 years, 2 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law  

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Calcutta HC Expresses Displeasure Against Registry for Not Listing Petition for 23 Years
4 years, 3 months ago

Calcutta HC Expresses Displeasure Against Registry for Not Listing Petition for 23 Years

News 18  

The Calcutta High Court on Friday expressed its strong displeasure against its Registry for not listing a habeas corpus petition for the last 23 years in a case relating to a mother allegedly not having been handed over to her child following his birth at a hospital. The bench, also comprising Justice Arijit Banerjee, said that the high court had …

SC Keeps Calcutta HC Order Regulating Fees Of Private Unaided Minority Educational Institutions In Abeyance; Directs Petitioners To Seek Recall [Read Order]
4 years, 6 months ago

SC Keeps Calcutta HC Order Regulating Fees Of Private Unaided Minority Educational Institutions In Abeyance; Directs Petitioners To Seek Recall [Read Order]

Live Law  

The Supreme Court on Thursday disposed of a SLP preferred by a bunch of private unaided minority educational institutions against an order of the Calcutta High Court restricting them from prohibiting students from participating in the online examinations, for non-payment of fees. The Petitioners, represented by Senior Sdvocate Shyam Divan, Advocates Rohit Amit Sthalekar and Sankalp Narain, had approached the …

Madras HC To Suo Motu Test Constitutional Validity Of Section 36B Of The Advocates Act [Read Order]
5 years ago

Madras HC To Suo Motu Test Constitutional Validity Of Section 36B Of The Advocates Act [Read Order]

Live Law  

The Madras High Court has decided to suo moto consider the vires of Section 36B of the Advocates Act, 1961, inasmuch as it stipulates that in case a Disciplinary inquiry against an Advocate is not completed by the State Bar Council within stipulate time, the same shall stand transferred to the Bar Council of India. "In the opinion of this …

Calcutta HC Admonishes Litigant Who Filed Writ Petition Against Its Sitting Judges [Read Judgment]
7 years, 2 months ago

Calcutta HC Admonishes Litigant Who Filed Writ Petition Against Its Sitting Judges [Read Judgment]

Live Law  

The court should not permit any litigant to initiate a proceeding on disparaging, scurrilous and intemperate remarks against the judges and such person should be dealt with seriously, the court said.The Calcutta High Court recently admonished a man who filed a writ petition against its sitting judges and their conduct in dealing with the cases filed by him.Justice Harish Tandon, …

Madras HC strikes down key provisions of IPAB as unconstitutional [Read the Judgment]
10 years ago

Madras HC strikes down key provisions of IPAB as unconstitutional [Read the Judgment]

Live Law  

A Madras High Court bench headed by Justice Sanjay Kishen Kaul has declared the critical provisions of the Trademarks Act providing for the establishment of the IPAB as unconstitutional.According to SpicyIP report, the Court held the section providing for Indian government officers to be elected as judicial members to the tribunal was. A Madras High Court bench headed by Justice …

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