High Courts
Sec 151 CPC Application Not Maintainable When Sect 29A(4) Of Arbitration Act Applies, Incorrect Quote Of Section Not Grounds For Dismissal: HP High Court
The Himachal High Court bench of Justice Rakesh Kainthla has held that an application under Section 151 of the CPC is not maintainable when a specific provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for extending the time of arbitration proceedings. However, the bench also held that the application cannot be dismissed solely because it cited...
Delhi High Court Upholds Arbitrator's Decision To Deny Pre-Reference, Pendente Lite Interest for Project Delay
The Delhi High Court bench of Justice Prateek Jalan has held that it is reasonable for an arbitrator to deny pre-reference and pendente lite interest when the applicant is partially responsible for delays in completing the project. The bench held that interpreting a contract and determining claims based on that interpretation fall within the arbitral...
13-Yr-Old Child May Not Be In Position To Chose Between Termination And Continuing Pregnancy: Allahabad High Court
Observing that a 13year old child may not be able to make the right choice between medical termination of pregnancy and continuing the pregnancy full term, the Allahabad High Court has directed that the medical termination of pregnancy will not be possible as it involves greater risk to the life of the 13year old than carrying on the pregnancy.Petitioner, a 13 years old child, was ...
State Orders Impacting Individual Rights Require Separate Legal Remedies: Calcutta High Court
The Calcutta High Court division bench of Justice Harish Tandon and Justice Hiranmay Bhattacharyya has held that when a State authority's order is alleged to have impacted individual rights, each individual must pursue their legal remedy independently, and collective action in such cases is neither permissible nor maintainable. Brief Facts: Suklal Singh & Anr, Petitioners,...
[Doctors Strike] Hold High Level Stakeholder Meeting To Address Hospital Specific Concerns: Madhya Pradesh High Court To State Govt
The Madhya Pradesh High Court has directed the state government to hold a high level stakeholder meeting to address the issues raised by the Junior Doctors Association in the state, in a plea pertaining to a proposed strike announced by the association in connection with the rape and murder of a doctor in Kolkatta earlier this month. A division bench of Acting Chief Justice Sanjeev Sachdeva...
Calcutta High Court Dismisses PIL Challenging BJPs 12-Hr Bandh, Cites Order In Previous Matter Indefinitely Debarring Litigant From Filing PILs
The Calcutta High Court has dismissed a PIL filed by Sanjoy Das, challenging a 12-hour Bandh called by the BJP, due to alleged police action against protestors who were marching to the State secretariat in 'Nabanna' to demand justice for the RG Kar rape-murder victimPolice deployed tear gas and water cannons when the crowd became unruly and began breaking barricades and throwing stones at...
"Attempt To Intimidate Office Of Chief Justice": Calcutta High Court Dismisses PIL Seeking To Modify Judge's Roster, Imposes 50K Cost
The Calcutta High Court has dismissed a PIL seeking to modify a judge's roster due to allegations of conflict of interest, with exemplary costs of Rs 50,000. The Court also debarred the litigant from filing a PIL ever again, by invoking the Calcutta High Court Appellate Side Rules.Advocate Sanjoy Das, the petitioner, sought to change the determination of Justice Amrita Sinha's bench...
Gathering For Lawful Purposes Should Not Be Restricted Without Imminent Threat To Public Order: Calcutta High Court
The Calcutta High Court bench of Justice Rajarshi Bharadwaj has held that if a gathering is not intended for unlawful purposes, it should not be restricted at a public place unless there is an imminent threat to public order. Even in such situations, the High Court held that any restrictions imposed must be fair and reasonable with a balance between individual rights and...
Plea In Calcutta High Court Challenges Release Of "Diary Of West Bengal" Movie, Alleges Communal Undertones
The Calcutta High Court on Wednesday said that it shall hear tomorrow (Thursday) a public interest litigation (PIL) petition seeking a stay on the release of the movie "The Diary of West Bengal". According to reports the movie is set up against the backdrop of the 1971 Bangladesh genocide.The matter was mentioned before a division bench comprising Chief Justice TS Sivagnanam and Justice...
Important To Hold Referendum For Multiple Trade Unions To Determine Which Union Commands Bargaining Power: Kerala High Court
The Kerala High Court has held that when there are multiple registered trade unions, it is significant to determine which union must negotiate with the establishment to represent the interests of workmen to maintain industrial peace.It thus directed the Fertilisers And Chemicals Travancore Limited (FACT) to hold a Trade Union Referendum by secret ballot to determine the representative...
SEBI Imposes ₹1 Lakh Fine On Catalyst Trusteeship For Failing In Its Duties As Debenture Trustee
The Securities and Exchange Board of India (SEBI) has imposed a fine on Catalyst Trusteeship Limited for violations concerning its role as a debenture trustee (DT) in managing an issue by Spandana Sphoorthy Financial Ltd (SSFL). SEBI's findings indicated that Catalyst Trusteeship failed to fulfill key responsibilities required by the SEBI (Debenture Trustees)...
No Sweeping Direction Can Be Passed To Decide A Particular Case On Priority, Interferes With Priorities Of Other Pending Matters: Rajasthan HC
Rajasthan High Court has rejected a petition seeking directions to the District Court for expeditious decision on a divorce petition within a time bound period of six months.The bench of Justice Rekha Borana held that in the absence of any statistics on pending or disposal of cases before the concerned court, no sweeping directions could be passed to decide a case on priority. The Court...