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Whether the Mediation Act, reduce the burden of courts in India?
19/08/2023

Whether the Mediation Act, reduce the burden of courts in India?

15/07/2023

Availability of civil remedy cannot be a ground to quash a criminal proceeding.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
[Nagpur Bench]
(Before G A Sanap)
Criminal Application (Apl) No 1071 of 2018, dated 07-06-2023
Deepak S/o Ramdeo Jaiswal vs. State of Maharashtra; Adani Power Maharashtra Ltd

Indian Penal Code, 1860 - Section 420 - Code of Criminal Procedure, 1973 - Sections 482 and 239 - Discharge application - Pendency of civil proceeding - Held - Wrongful loss and wrongful gain are essential elements to attract the offence under Section 420 alongwith the cogent evidence to show that at the very inception of the transaction, the intention of the accused was dishonest and fraudulent - Civil dispute arising out of breach of contract cannot be given a colour of criminal offence - Fraudulent intention at the time of making promise or representation is necessary to constitute an offence - In all cases of cheating and fraud, in the whole transaction, there is generally some element of civil nature - criminal prosecution cannot be quashed only because the other side has filed a civil suit with respect to the same transaction-availability of civil remedy cannot be a ground to quash a criminal proceeding - Application dismissed.

In proceeding that is not maintainable/beyond jurisdiction of adjudicating Court, any finding on other facets of case sh...
14/07/2023

In proceeding that is not maintainable/beyond jurisdiction of adjudicating Court, any finding on other facets of case should not be endeavoured.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
(Before Milind N Jadhav)
Writ Petition No 4864 of 2003, dated 05-06-2023
Narhar Rango Kulkarni vs. Milind Shripad Bendre and Anr

Constitution of India, 1950 - Article 227 - Negotiable Instruments Act, 1881 - Section 138 - Code of Civil Procedure, 1908 - Section 9-A and Order XXIII, Rule 3 - Compromise Decree - Quashing and setting aside of - Petitioner filed petition for - Legality - Determination of - Record and pleadings - Clearly indicate that petitioner entered into compromise decree with full knowledge and voluntarily - Conduct of petitioner is deplorable - Respondent has been a law abiding citizen - Whose only mistake was believe the word of petitioner - Who was his friend and lend him loan - Order impugned does not call for any interference and is upheld - Compromise decree also upheld - Petition dismissed.

13/07/2023

Interested person ineligible to be an arbitrator.

IN THE SUPREME COURT OF INDIA
[Delhi High Court]
(Before Dr Dhananjaya Y Chandrachud ; Pamidighantam Sri Narasimha ; J B Pardiwala)
Arbitration Petition No. 51 of 2022, dated 19-05-2023
G***k Asia-pacific Ltd vs. Union of India

Constitution of India - Article 299 - Arbitration and Conciliation Act, 1996 - Sections 11 and 12 - Sole arbitrator - Appointment - Held - Any person who has an interest in the outcome of the dispute would be ineligible to be an arbitrator - Naturally, such a person should not have the power to appoint a sole arbitrator - Application allowed.

12/07/2023

Divorce by Mutual Consent

IN THE SUPREME COURT OF INDIA
(Before Sanjay Kishan Kaul ; Ahsanuddin Amanullah)
Transfer Petition (Civil) No 1595 of 2022, dated 19-05-2023
Mansi Khatri vs. Gaurav Khatri

Constitution of India, 1950 - Article 142 - Hindu Marriage Act, 1955 - Section 13 - Indian Penal Code, 1860 - Sections 498-A, 323 and 354 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Transfer petition - Filed by wife - Seeking transfer of Divorce petition - Pending before Principal Judge, Family Court, Indore, Madhya Pradesh to Family Court, Lucknow, Uttar Pradesh - Settlement through mediation - Unsuccessful - When judgment was reserved before Supreme Court, order records that "only question is extent of permanent alimony on grant of divorce" - Court is of the opinion that parties, in prasenti, husband and wife have suffered an irretrievable breakdown of marriage - Granted a decree of divorce by mutual consent - Amount of permanent alimony to be paid by respondent to petitioner is quantified at Rs. 35,00,000/- to be paid within six months from today - If not paid within stipulated time-period, FIR and maintenance case shall stand revived - Transfer petition disposed of in terms.

11/07/2023

Though inordinate delay in itself may not be a ground for quashing of a criminal complaint, however unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint.

IN THE SUPREME COURT OF INDIA
[Calcutta High Court]
(Before Ajay Rastogi ; Bela M Trivedi)
Criminal Appeal No. 1592 of 2023, 1593 of 2023, dated 18-05-2023
Chanchalpati Das; Madhupandit Das vs. State of West Bengal & Anr

Indian Penal Code, 1860 - Sections 379, 408, 468, 471, 120-B, 411 and 406 - Code of Criminal Procedure, 1973 - Section 156 - Delay - In lodging FIR - Held - Though inordinate delay in itself may not be a ground for quashing of a criminal complaint, however unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint - Appeal allowed.

10/07/2023

On account of infirmities such an ante-timing of FIR loses its evidentiary value.

IN THE SUPREME COURT OF INDIA
(Before V Ramasubramanian ; Pankaj Mithal)
Criminal Appeal No. 1089 of 2011, dated 15-06-2023
Mohd Muslim vs. State of Uttar Pradesh

Indian Penal Code, 1860 - Section 302 - Murder - Conviction - High Court upheld and confirmed the same - Appeal against - Determination of - Delay in conducting post-mortem - Difference in name of weapons of crime, i.e. "tabal" or "palkati" - Which are more or less similar types of instruments for cutting crops etc. - It is a case where prosecution has miserably failed to prove that accused appellants have committed offence beyond any reasonable doubt - Impugned judgment and orders set aside - Accused appellant No. 1 is acquitted by giving benefit of doubt - Appeal allowed.

Enforcement of foreign AwardIN THE HIGH COURT OF JUDICATURE AT BOMBAY(Before Manish Pitale)Commercial Arbitration Petiti...
08/07/2023

Enforcement of foreign Award

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
(Before Manish Pitale)
Commercial Arbitration Petition (L); Interim Application; Interim Application (L) No. 8122 of 2020; 4643 of 2022; 37242 of 2022, dated 05-06-2023
Arbaza Alimentos Ltda vs. MAC Impex and Others

Arbitration and Conciliation Act, 1996 - Sections 34, 9, 48 and 47 - Foreign award - Enforcement - Challenged - Held - There was arbitration agreement - Opportunity was given to respondent - Respondent did not chose to contest the same - Arbitral tribunal had jurisdiction to pass award - Award is enforceable - Petition allowed.

05/01/2021

Bombay High Court

Arbitration - Clause in agreement that any dispute is to be referred to Joint Metropolitan Commissioner and Project Director, whose decision will be final - It cannot be unequivocally said that it is arbitration and nothing else.

Dhargalkar Technoesis (I) Pvt. V/s Mumbai Metropolitan Regional Authority.

05/01/2021

Delhi High Court:
Investment outside India - RBI rejected application of petitioner for permission for making additional financial commitment of USD 300 million to its subsidiary company in Mauritius - No reference to any of factors stipulated in Regulations as ground for rejecting application - RBI directed to reconsider.

Jindal Steel & Power Limited vs Reserve Bank Of India

04/01/2021

Offence of Triple Talaq - Grant of bail -
There is no absolute bar to grant of bail for offences of pronouncement of triple talaq.

Criminal Procedure Code, 1973,
Section 438 - Muslim Women (Protection of Rights on Marriage) Act, 2019, Sections 3, 4 and 7(c) - Anticipatory bail
- Provisions of Act 2019 applies to
Muslim husband - Offence of
pronouncement of talaq is offence that can only be committed by muslim husband upon his muslim wife -Appellant, mother-in-law cannot be accused of offence of pronouncement of talaq by husband - In event of arrest of
appellant, she is directed to released on bail.

Supreme Court of India

Rahna Jalal Versus
State of Kerala and Another

30/08/2020

Supreme Court of India:
Arbitration and Conciliation Act, 1996 Section 9 - Indian Contract Act, 1872 Sections 17 and 18 - Allegation of fraud - Arbitral proceedings - "Serious allegations of fraud" arise only if either of two tests are satisfied, and not otherwise - First test is satisfied only when it can be said that arbitration clause or agreement itself cannot be said to exist in clear case in which court finds that party against whom breach is alleged cannot be said to have entered into agreement relating to arbitration at all - Second test can be said to have been met in cases in which allegations are made against State or its instrumentalities of arbitrary, fraudulent, or malafide conduct, thus necessitating hearing of case by writ court in which questions are raised which are not predominantly questions arising from contract itself or breach thereof, but questions arising in public law domain.

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