Articles for Respondent

S.12(5) Of A&C Act Provides For Agreement In Writing, Novation Can't Be Allowed Only Because Of Appointment Of Arbitrator At First Instance: Patna HC
1 hour, 55 minutes ago

S.12(5) Of A&C Act Provides For Agreement In Writing, Novation Can't Be Allowed Only Because Of Appointment Of Arbitrator At First Instance: Patna HC

Live Law  

The Patna High Court Bench of Chief Justice K. Vinod Chandran has held that the proviso to Section 12 specifically provided for a waiver by an express agreement in writing. When the statute provides for an express agreement in writing there can be no novation of the agreement found, by reason only of the appointment of an Arbitrator at the …

Writing Court Agreement Act Appointment Arbitrator First Instance
Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague
2 hours, 45 minutes ago

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

Live Law  

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. “It is pertinent to mention that respondent No.5 has lodged a complaint against the petitioners on 09.10.2015, subsequent to the report submitted by the …

High Court Judicial Respondent Fir Petitioners Junior Civil
Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC
5 hours, 40 minutes ago

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC

Live Law  

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act. Observations: The court after referring to section 34 of the Arbitration Act observed that “an application for setting aside of award passed by an Arbitral …

Arbitration Court Company Agreement Respondent Set Srinagar
Restraining Party From Participating In Any Tender Process U/S 9 of Arbitration Act Will Actually Thwart Competition: Delhi High Court
7 hours, 3 minutes ago

Restraining Party From Participating In Any Tender Process U/S 9 of Arbitration Act Will Actually Thwart Competition: Delhi High Court

Live Law  

The Delhi High Court Bench of Chief Justice Subramonium Prasad has held that if the respondent is denied participating in any tender process and ultimately, in the arbitration proceedings and then in the award, it is held that the claim of the petitioner is to be rejected, then irreparable loss will be caused to the respondent. The petitioner No.1 and …

Court Services Airport Held Respondent Petitioner Irreparable Loss
Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court
1 day, 1 hour ago

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has observed that if a wife maintains patience and silence with the sole intention of saving her matrimonial life, it cannot be said that it is her weakness; on the contrary, it shows her sincerity towards her marital life. The wife lodged the FIR under Sections 498-A, 323, 294, 506, 34 of IPC and under …

Fir Her Father Applicants Lodged Wife Submitted
Denial For Slaughterhouse Permit On Ground That A City Is A 'Religious' One Is 'Wholly Unacceptable': MP High Court
1 day, 2 hours ago

Denial For Slaughterhouse Permit On Ground That A City Is A 'Religious' One Is 'Wholly Unacceptable': MP High Court

Live Law  

The Madhya Pradesh High Court recently stated that denying a permit for the establishment of a slaughterhouse on the grounds that a city is religious—in the instant case, Mandsaur city—is wholly unacceptable. With this, the High Court directed the Municipal Council of Mandsaur to issue a No Objection Certificate to Petitioner Sabir Hussain, seeking permission to establish a slaughterhouse in …

Court Order State Respondent Act Noc Municipal Council
Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle
3 days, 8 hours ago

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

Live Law  

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court. …

Welfare Court Child Committee Petition Child Welfare Committee Forums
Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court
3 days, 10 hours ago

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court

Live Law  

The Supreme Court yesterday set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence. A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the …

High Court Money Laundering Money Accused Respondent Pwd Cbi
District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication
4 days, 5 hours ago

District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication

Live Law  

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri and Mr. Rajesh K. Arya held that the District Commission has misapplied the decision of Supreme Court in Pinak Pani Mohanty vs Union of India as Sahara Prime City Ltd. was not party to that case. Contentions of the Appellant : The Appellant argued that the District …

Supreme Court Cooperative Societies State Respondent Commission Chandigarh Group
Lenovo Is Exclusive Proprietor Of “THINK” Family Of Marks: Madras HC Orders Removal Of Trademark Registration For “THINBOOK” Laptop
4 days, 7 hours ago

Lenovo Is Exclusive Proprietor Of “THINK” Family Of Marks: Madras HC Orders Removal Of Trademark Registration For “THINBOOK” Laptop

Live Law  

While hearing a plea moved by computer manufacturer Lenovo protection of its "THINK" Family of Marks, the Madras High Court directed the Registrar of Trademarks to cancel the registration given to a Hyderabad based company for its “THINBOOK” mark finding it deceptive. The court thus ruled that Lenovo was the exclusive proprietor of the mark and continued usage of a …

Family Court Trademark Company Marks Respondent Think
Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
4 days, 8 hours ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

Pregnancy Dispute Court Domestic Violence Fir His Family Her Husband
Date Of Default In Case Of Personal Guarantor Depends On Terms Of Contract Of Guarantee: NCLAT
4 days, 8 hours ago

Date Of Default In Case Of Personal Guarantor Depends On Terms Of Contract Of Guarantee: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Arun Baroka and Barun Mitra has held that the liability of a borrower and guarantor is co-extensive but the liability of a Guarantor stems from the contract of guarantee and therefore the date of default in the case of the guarantor depends on the terms of contract of guarantee. Since …

Personal Bank Application Respondent Notice Date Demand
Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT
4 days, 23 hours ago

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka has held that non admission of claim in the Resolution Plan by the Resolution Plan if not challenged before the Adjudicating Authority cannot be challenged in the appeal before the NCLAT. The same Resolution Plan of Respondent Nos.2 and 3 approved by the Adjudicating Authority on 28.11.2019 …

Appeal Resolution Order Resolution Professional Resolution Plan Tribunal Respondent
Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation
Trending News
5 days ago

Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation

Live Law  

The State Consumer Disputes Redressal Commission, Haryana presided by Justice T.P.S Mann, Mr. S. P. Sood and Ms. Manjula held Ansal Properties & Infrastructure Limited liable for delay in possession of residential plot for several years. After paying Rs.40,02,721.20/- the plot was transferred to the complainant by transfer letter dated 12.06.2012 from Ansal Properties & Infrastructure Limited. Due to delay …

Respondent Commission Complainant Possession Plot Infrastructure Limited
Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC
5 days, 3 hours ago

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC

Live Law  

Punjab and Haryana High Court: A single judge bench consisting of Justice Jagmohan Bansal struck down the order of the Labour Court that ordered payment of overtime wages to a pump operator. The High Court held that the Labour Court was not competent to decide such claims, as Section 33C only applies for the computation of pre-existing benefits; it cannot …

Court Labour Wages Respondent Act Claim Overtime
If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC
5 days, 4 hours ago

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

Live Law  

The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement. Once it is accepted that a valid arbitration agreement exists between the parties, the court …

Arbitration Dispute Court Parties Application Agreement Respondent
Karnataka HC Sets Aside Order To Register Defamation Case Against Asst Commissioner For Shouting At Senior Lawyer, Calls It Quasi-Judicial Function
5 days, 5 hours ago

Karnataka HC Sets Aside Order To Register Defamation Case Against Asst Commissioner For Shouting At Senior Lawyer, Calls It Quasi-Judicial Function

Live Law  

The Karnataka High Court has set aside an order of the Magistrate court directing the registration of a defamation case against the Assistant Commissioner of Kundapura who while discharging quasi-judicial function, allegedly acted erratically and became furious and shouted at a senior lawyer and a member of Kundapura Bar Association, appearing before him. Therefore, she could be treated as a …

Trial Court Order Case Revision Respondent Kar
'Reckless Registration Of Crime' : Karnataka HC Stays Probe Against Republic TV Chief Arnab Goswami Over “Fake News" About CM
6 days, 1 hour ago

'Reckless Registration Of Crime' : Karnataka HC Stays Probe Against Republic TV Chief Arnab Goswami Over “Fake News" About CM

Live Law  

Terming it to be a "reckless registration of a crime", the Karnataka High Court on Tuesday stayed all further investigation in a crime registered against Republic TV Chief Editor Arnab Goswami accused of spreading fake news about Chief Minister Siddaramaiah. Justice M Nagaprasanna passed the interim order and stayed investigation in the crime registered under section 505 of Indian Penal …

Crime Karnataka Chief Minister Siddaramaiah
Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
6 days, 5 hours ago

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act …

Relationship Court Domestic Violence Domestic Respondent Act Shared
NI Act | College Cannot Be Equated To A Company, Principal Not Vicariously Liable For Signing Cheque: Madras High Court
6 days, 8 hours ago

NI Act | College Cannot Be Equated To A Company, Principal Not Vicariously Liable For Signing Cheque: Madras High Court

Live Law  

The Madras High Court recently quashed the proceedings initiated against a Principal of a college under Section 138 of the Negotiable Instruments for signing a cheque that was returned for “insufficient funds”. While doing so, Justice Anand Venkatesh held that the Principal had not signed the cheque in his individual capacity, and since a college could not be equated to …

Court College Liability Act Trustee Principal Managing
Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court
6 days, 23 hours ago

Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court

Live Law  

The Supreme Court observed that although the delay in lodging an FIR would not be a ground to reject a Motor Accident Compensation claim, it gains relevance in cases where other evidence does not support the claimant's allegations.The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the appeal filed by the New India Assurance Co. Ltd. against the …

Supreme Court Evidence Accident Delay Respondent Fir Ground
Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates
1 week ago

Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates

Live Law  

The Chhattisgarh High Court has reiterated that procedural defects or irregularities, which are curable in nature, should not be allowed to defeat substantive rights of parties or to perpetuate injustice. While finding fault with the recourse adopted by the Rent Control Tribunal, the Division Bench of Justice Rajani Dubey and Justice Bibhu Datta Guru held – “It is trite law …

High Court Order Tribunal Respondent Act Rent Authority
On Recusal Of Arbitrator Appointed By Court U/S 11 Of Arbitration Act, Substitute Arbitrator Can Be Appointed U/S 15(2): Uttarakhand HC
1 week, 1 day ago

On Recusal Of Arbitrator Appointed By Court U/S 11 Of Arbitration Act, Substitute Arbitrator Can Be Appointed U/S 15(2): Uttarakhand HC

Live Law  

The Uttarakhand High Court bench of Acting Chief Justice Manoj Kumar Tiwari has held that on recusal of previously appointed Arbitrator appointed by the court under section 11 of the Arbitration Act, a substitute Arbitrator can be appointed by the court under section 15 of the Arbitration Act. Brief Facts The present application under section 11 read with section 15 …

Arbitration Application Respondent Act Appointment This Court Arbitrator
Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar
1 week, 2 days ago

Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar

Live Law  

The Supreme Court recently refused to extend the benefit of Scheduled Caste reservation to a Central Government employee who belonged to the 'Tanti' caste, which is notified as Other Backward Classes category in Bihar. In 2015, the Bihar Government removed 'Tanti' caste from the OBC list and merged it with 'Pan/Swasi' caste in the Scheduled Castes category. Meanwhile, in July …

Supreme Court Bihar Court Respondent Supreme Cat Obc