High Courts
Lok Adalat Has No Power To Dismiss Cases for Non-Appearance Of Party: Jammu & Kashmir And Ladakh High Court
Reinforcing the role and limitations of Lok Adalats, the Jammu and Kashmir and Ladakh High Court has held that Lok Adalats do not possess the authority to dismiss a case for non-appearance of a party.Justice Sanjay Dhar, while deciding a petition challenging an order of a Lok Adalat that dismissed a complaint under Section 138 of the Negotiable Instruments Act, observed that such action...
High Court Imposes Rs.1 Lakh Cost On Haryana Board For Cancelling Result Of Candidate Who Failed To Give Biometrics Due To Allergy
Punjab & Haryana High Court has imposed a cost of Rs. 1 lakh on the Haryana Education Board for its "insensitive approach" in cancelling the result of a PGT candidate, whose biometric identity could not be recorded due to allergy, consequently wasting "five years" of his career.The candidate appearing for Haryana Teacher Eligibility Test (HTET) in PGT exam could not give biometric...
Nikah In Rickshaw: Punjab & Haryana High Court Directs CBI To Probe Suspected 'Illegal Conversion' In Name Of Inter-Faith Marriage
The Punjab and Haryana High Court has directed the CBI to probe a suspected illegal religious conversion in the name of inter-faith marriage.The direction was passed by Justice Sandeep Moudgil after "profound and conspicuous suspicion" in a case involving inter-faith marriage solemnized in an autorickshaw, "without the presence of two witnesses coupled with the place of solemnization of...
Accused Has No Right At Investigation Stage, He Can't Seek Further/ Reinvestigation Of Case U/S 173(8) CrPC: Allahabad HC
Emphasizing that an accused has no right at the investigation stage, the Allahabad High Court last week said that an accused does not have the right to seek further/reinvestigation of a case by filing a plea under Section 173(8) CrPC. A bench of Justice Saurabh Lavania observed thus while relying upon the Supreme Court's 2023 decision in the case of State vs Hemendhra Reddy |...
Industrial Disputes Act | Whether Person Raising Dispute Is A Workman Can Only Be Decided By Labour Court, Not By Govt: Rajasthan HC
Rajasthan High Court granted relief to a government employee who was dismissed from his job without a hearing 15 years ago, by directing the government to refer his industrial dispute to the labour court.The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the order of the Government of India (“respondent”) where the respondent had refused to make reference...
Sitapur S-I's 'Mysterious' Death | Allahabad High Court Orders FIR, Probe By A Senior IPS Officer Of A Different District
The Allahabad High Court last week directed an investigation by a Senior IPC Officer into the 'mysterious' death of a 54-year-old police sub-inspector (S-I), who died in April this year after he allegedly shot himself with his service weapon at the Machhrehta police station in Sitapur. A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari directed the Inspector General...
Additional Director Under Central Govt Health Scheme Has No Authority To De-Empanel Hospital: Rajasthan High Court
Rajasthan High Court granted relief to the Medipulse Hospital (“the Hospital”) which was de-empanelled from the Central Government Health Scheme (“CGHS/Scheme”) for five years by the Government of India pursuant to a complaint against the Hospital by a retired central government employee alleging deficient services by the Hospital.The bench of Justice Dinesh Mehta observed that there...
Party Cannot Invoke Arbitration After Voluntarily Submitting To Court's Jurisdiction During Proceedings: Gujarat High Court
The Gujarat High Court bench of Justice J. C. Doshi has held that whether a party has waived their right to seek arbitration and submitted to the jurisdiction of the Court depends on the party's conduct during the suit. However, the bench held that the legal principle remains that an application under Section 8(1) of the Arbitration and Conciliation Act, 1996, must be filed...
S. 413 BNSS | Victim Does Not Require Special Leave To Appeal Against Acquittal Of Accused: Rajasthan High Court
Rajasthan High Court held that no special leave is required to file an appeal under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), against an acquittal order wherein the complainant in the case is the victim himself.The bench of Justice Birendra Kumar observed that Section 413 of BNSS corresponded to Section 372, CrPC where the proviso laid down the right of a victim...
Which Court Can Extend Arbitration Deadlines? Bombay High Court Provides Clarification
The Bombay High Court bench of Justice M. S. Karnik and Justice Valmiki Menezes has held that when the High Court constitutes an arbitral tribunal, the High Court holds the jurisdiction to extend the time for completing the arbitration process. Further, the bench clarified that if the tribunal was constituted through an agreement between the parties, the application for extending time...
Gujarat High Court Imposes ₹1 Lakh Fine On Man Booked For Making Derogatory Comments About Arya Samaj On YouTube
The Gujarat High Court has imposed a fine of Rs 1 lakh on a man, Manohardas Biharidas Ramvat, for making offensive comments against the Arya Samaj sect on a YouTube channel. Justice Nirzar S Desai, presiding over the case, reprimanded Ramvat for his derogatory comments about the sect. During the proceedings, Justice Desai questioned the advocate for Ramvat, Dhwani Y Chandarana,...
Common Order Without Satisfactorily Recording Concurrence With AO, Can't Be Considered As Valid Sanction U/s 151: Delhi High Court
Finding that the order of sanction passed by the Competent Authority is a general order of approval for 111 cases, and there was not even a whisper as to what material had weighed in the grant of approval u/s 151, the Delhi High Court held that although the PCIT is not required to record elaborate reasons, he must record satisfaction after application of mind. Since the sanction...