Working Mothers Can't Be Forced To Exhaust Themselves While Fathers Evade Responsibility Of Child: Delhi High Court

The Delhi High Court has “outrightly rejected” the argument that a working mother seeking maintenance for her minor children reflects misuse of maintenance laws or a sense of entitlement, holding that courts must recognise the dual burden borne by custodial mothers and ensure that fathers do not evade their parental responsibilities.Justice Swarana Kanta Sharma observed,“A Court of law cannot burden, nor does the law mandate, that the working mother should be forced to exhaust herself...

Second Arbitral Reference Maintainable When Award Is Set Aside Without Adjudication On Merits: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a second reference to arbitration is maintainable where an arbitral award has been set aside under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") without any adjudication on merits of the claims, leaving the underlying disputes unresolved. Justice Sanjay Dhar said while allowing the...

Bar U/S 42 Of Arbitration Act Not Attracted Where Seat Is Chosen Before First Application Is Filed: Calcutta High Court

The Calcutta High Court has held that where parties have already chosen a seat of arbitration before the first application is filed, the courts exercising jurisdiction over the seat alone will have jurisdiction over all subsequent applications, including those under sections 34 and 36 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") notwithstanding that earlier...

Arbitral Tribunal Not Declared As “Court”, False Evidence Before Arbitrator Does Not Attract S.195 CrPC: J&K&L High Court

Clarifying the scope of criminal law in arbitral proceedings, the High Court of Jammu & Kashmir and Ladakh has held that the bar contained in Section 195 of the Code of Criminal Procedure does not apply to allegations of false evidence given before an Arbitral Tribunal, as an arbitrator is not a “court” within the meaning of that provision.“… the term “Court” has been defined...

Escrow Agreement Executed In Furtherance Of Share Transfer Agreement With Arbitration Clause Renders Disputes Arbitrable: Calcutta HC

The Calcutta High Court has held that where an escrow agreement is intrinsically linked to or executed in furtherance of a share transfer agreement containing an arbitration clause, disputes arising out of such escrow arrangement are also arbitrable, even if the escrow agreement does not independently contain any arbitration clause. A Division Bench comprising Justice Debangsu Basak...

U.P. Intermediate Education Act | No Provision To Re-Evaluate Answer Sheets On Presumption Of Students Scoring Higher Marks: Allahabad HC

Recently, the Allahabad High Court has held that there is no provision under the U.P. Intermediate Education Act, 1921 for re-evaluation of answer sheets based on the students presumption that he/ she would get a higher score if re-evaluation is done.Petitioner appeared in Intermediate examinations. Being unsatisfied with the marks, she applied for scrutiny in Hindi and Biology papers. Upon seeing the answer-sheets, petitioner was sure that she would have scored higher in the subjects and...

Delhi High Court Disposes Meta's Execution Plea, Notes Compliance In “FACEBAKE” Trademark Case

The Delhi High Court has disposed of an execution petition filed by Meta Platforms Inc. (formerly Facebook), after finding that the operators of the “FACEBAKE” and “FACECAKE” brands have substantially complied with an earlier injunction restraining use of marks deceptively similar to Meta's “FACEBOOK” trademark.Justice Manmeet Pritam Singh Arora passed the order on December 24, 2025, while examining compliance of a judgment and decree dated July 6, 2022, that had permanently restrained the...

“Article 21 Rights Flow From Discharge Of Fundamental Duties”: Karnataka High Court Refuses Bail In 2020 Bengaluru Riots Case

The Karnataka High Court, while refusing bail to an accused in the 2020 Bengaluru Riots case, observed that, “The appellant is seeking bail on the ground that his fundamental right to liberty under Article 21 of the Constitution is violated. He gets that right when he adheres to his fundamental duties encapsulated in Article 51A of the Constitution.”A Division Bench comprising Justice K.S. Mudagal and Justice Venkatesh Naik T stated: “Mahatma Gandhi famously said, 'The true source of rights is...

State's Duty To Inform Farmers Of Right To Seek Enhancement Of Compensation In Lieu Of Land Acquisition': Bombay High Court

The Bombay High Court has held that applications seeking redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be rejected on hyper-technical grounds such as non-filing of a certified copy. The Court observed that Section 28-A is a beneficial provision enacted to remove inequality in compensation among landholders and must be interpreted liberally to advance its object. It further emphasised that farmers who lose their sole source of livelihood due to...

Forcible Eviction Disputes Not Arbitrable Despite Existence Of Arbitration Clause In Lease Agreement: Kerala High Court

The Kerala High Court has held that disputes relating to eviction of a tenant are not arbitrable even where the lease agreement contains an arbitration clause and that the jurisdiction of the Civil Court cannot be ousted by such non-arbitrable reliefs. Justice P. Krishna Kumar observed while allowing an Original Petition filed by a retired Bharat Sanchar Nigam Ltd (“BSNL”)...

Delhi HC Upholds Validity Of Civil Defence Act Provision Allowing Summary Discharge, Bars Stigmatic Dismissals Without Hearing

The Delhi High Court has upheld the constitutional validity of Section 6(2) of the Civil Defence Act, 1968, which empowers authorities to discharge Civil Defence Volunteers without hearing, but has held that the provision can't be used as a cloak to impose punitive or stigmatic dismissals without following principles of natural justice.A division bench of Justices C.Hari Shankar and Om Prakash Shukla made the observation while dealing with a batch of petitions filed by Civil Defence Volunteers...

Entity Recognised As Charitable Under Income Tax Act With S.12A Registration Cannot Be Treated Otherwise Under FCRA: Madras High Court

The Madurai Bench of the Madras High Court has held that a trust already recognised as a charitable organisation under the Income Tax Act cannot be ignored as such while considering its application under the Foreign Contribution (Regulation) Act, 2010 (FCRA). A Single Judge Bench of Justice G.R. Swaminathan was dealing with a writ petition filed by Arsha Vidya Parampara Trust...