High Courts
Deficiency Of Not Submitting Application For Condonation Of Delay While Filing Appeal Is Curable, Such Application Can Be Made Subsequently: J&K High Court
Reaffirming the rights of aggrieved parties to appeal against court decisions the Jammu and Kashmir and Ladakh High Court has established that a technical deficiency in an appeal, such as the absence of an application for condonation of delay, can be cured.Shedding light on the intricacies of legal procedures on the subject, particularly concerning the necessity of condoning delays in filing appeals a bench of Justice Wasim Sadiq Nargal observed,..A deficiency of not accompanying the application...
Pension Falls Within Constitutional Right To Property, Non-Availability Of Document Cannot Be Grounds For Denial: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that "non-availability of some documents cannot become the ground" for depriving an employee of his pension.Justice Jasgurpreet Singh Puri opined that "merely because of the inter departmental communication and non-availability of some documents cannot become a ground for depriving of an employee of his pension. Pension is a Constitutional Right of Property under Article 300-A of the Constitution of India. No employee can be deprived of his...
GNLU Registrar Issues Unconditional Apology To Gujarat High Court For Denying Allegations Of Sexual Harassment At University
While concluding a significant chapter in the ongoing saga surrounding alleged incidents of sexual harassment and queerphobia at the Gujarat National Law University (GNLU), the Gujarat High Court last week disposed of the suo motu Public Interest Litigation (PIL) pertaining to rape allegations by a second-year law student against her batchmate. The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, disposed of PIL after the registrar of GNLU, Jagadeesh Chandra...
Gauhati HC Commutes Death Sentence On Ground That Trial Court Failed To Consider Convict's Possibility Of Rehabilitation & Social Integration
The Gauhati High Court recently commuted the death sentence of a convict to life imprisonment on the ground that the trial court while imposing the ultimate penalty of death, failed to take into consideration the possibility of his reformation, rehabilitation and social reintegration.The division bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita observed that there are no special reasons to impose the death penalty and the mitigating factors in the present case are sufficient to...
Centre Defends 'Viksit Bharat Sankalp Yatra' Scheme Before Delhi High Court, Says Its Neutral Without Any Political Insignia
The Central Government on Tuesday defended before the Delhi High Court its “Viksit Bharat Sankalp Yatra” scheme, calling it a “neutral government scheme” without any political insignia or political reference. ASG Chetan Sharma told a division bench headed by Acting Chief Justice Manmohan that the Yatra is an omnibus across the board scheme meant for the benefit of the people. He said that Viksit Bharat is not one or two schemes but an amalgamation of schemes “to reach out to the...
[Kodakara Hawala Heist] Kerala AAP President Moves High Court Seeking Action On Alleged Money Laundering By BJP For Election Purposes
Lawyer and State President of Aam Aadmi Party (AAP) Vinod Mathew Wilson has approached the Kerala High Court with a public interest litigation seeking action against individuals affiliated with the Bharatiya Janata Party (BJP) for committing hawala money transactions for political purposes and use in election campaigns.The Division Bench comprising Justice Gopinath P and Justice Syam Kumar V M stated that the matter will be considered on May 14, 2024. “The State has filed their charge sheet,...
[Arbitration Act] For Condonation Of Delay In Filing Section 34, Party Is Obligated To Reveal Bonafidies Coupled With Plausible Reasons: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Satyen Vaidya held that for showing sufficient cause as required under the proviso to Section 34 (3) of the Arbitration and Conciliation Act, 1996, the party is obligated to reveal their bonafidies coupled with plausible reason in not filing the application within the prescribed time. Section 34(3) of the Arbitration and Conciliation Act, 1996, deals with the time limit for filing an application to set aside an arbitral award. ...
Gauhati HC Allows Plea By Riflemen Challenging 'Break In Service' Due To Discharge Based On Unsubstantiated Claims Of Not Being Medically Fit
The Gauhati High Court has recently allowed a writ petition over the issue of treatment of appointment from the initial year of 2001, filed by six Rifleman (GD) of Assam Rifles who were discharged from service in 2001 on the ground that they were medically unfit during their basic training.A single-judge bench of Justice Sanjay Kumar Medhi observed:“……this Court is of the considered opinion that the claim of the petitioners to hold their appointment from the year 2001 appears to be justified as...
Court Cannot Interpret Conditions Of Advertisement Contrary To Plain Language Of The Same: Bombay High Court
A Division bench of the Bombay High Court comprising of Justice A.S. Chandurkar and Justice Jitendra Jain while deciding a Writ Petition in the case of Ashok Mallinath Halsangi & Ors vs State of Maharashtra & Ors has held that the court in the garb of judicial review cannot sit in the chair of appointing authority to decide what is best for the employer and interpret the conditions of the advertisement contrary to the plain language of the same. Background Facts The State of...
Interpretation Of Agreement By Arbitrator Cannot Be Interfered Merely Because Another View Could Have Been Taken: Himachal Pradesh High Court
The Himachal Pradesh High Court bench of Justice Satyen Vaidya held that in case the interpretation of the relevant clause of agreement as arrived at by the Arbitrator was possible and plausible, the same cannot be interfered with merely because another view could have been taken. The bench referred to the decision of the Supreme Court in UHL Power Company Ltd. versus State of Himachal Pradesh, 2022 LiveLaw (SC) 18 and held that the jurisdiction of the court under Section 34 of the...
Expecting Husband To Leave Elderly Mother, Sister With Unsound Mind Unattended Amounts To Cruelty: Punjab & Haryana High Court Upholds Divorce
The Punjab & Haryana High Court has dismissed a wife's plea challenging the divorce order granted to the couple under the Hindu Marriage Act, observing that expecting her husband to leave his aged mother of around 75 years, and his sister of unsound mind unattended, amounted to "cruelty."Justice Sudhir Singh and Justice Harsh Bunger said, "It needs no reiteration that when one enters into matrimony, one surrenders a part of one's absolute freedom for the good of both and for the harmonious...
Breaking: Delhi Court Defers Framing Of Charges Against BJP MP Brij Bhushan Singh In Sexual Harassment Case By Women Wrestlers
A Delhi Court today deferred order on framing of charges against BJP MP and former WFI Chief Brij Bhushan Singh in the sexual harassment case filed against him by women wrestlers.Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot of Rouse Avenue Courts said the order will now be pronounced on May 10 as there were some final changes to be made in the order and it was not ready today.Last month, the judge had dismissed Singh's application seeking further investigation in the case...