High Courts
Bank Can't Attach Grantee's Land Under Karnataka SC/ST (Prohibition Of Transfer Of Certain Lands) Act For Loan Default By GPA Holder: High Court
The Karnataka High Court has held that a bank cannot enforce a decree for attachment of property against a land grantee under Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, for loan default made by the Cooperative Society holding the general power of attorney for such land.A single judge bench of Justice Suraj Govindaraj said,"When a grantee has...
'Group of Companies' Doctrine Not Applicable When The Party Is Not Referred To Arbitration: Kerala High Court
The Kerala High Court has held that 'Group of Companies' doctrine is not applicable when the third party is not even referred to the arbitration. The Supreme Court adopted the 'Doctrine of Group of Companies' in Cox and Kings Ltd. v SAP India Private Limited and Other (2023). The Apex Court held that a non- signatory affiliate or a sister or parent company can be a party to the...
Rajasthan High Court Calls For 'Zero Tolerance Policy' Against Unqualified Proxy Teachers In Govt Schools, Issues Interim Directions
The Rajasthan High Court has taken serious note against the increasing issue of teacher absenteeism, and ineligible and unqualified proxy teachers in government schools of Rajasthan, wherein government employed teachers illegally appoint unemployed youths who may not even have the basis qualifications to teach, to work in their place, "playing with the future and career of the students...
Kerala Toddy Workers Welfare Fund, Employee Of Licensee, Not An Employer: Kerala High Court
A single judge bench of the Kerala High Court, comprising Justice Dinesh Kumar Singh, while deciding writ petitions held that an employee who is merely associated with the conduct of business and not in a position to employ others on his own behalf, cannot be said to be an employer. Background Facts The employee (Petitioner) was a worker in toddy shops Nos. 135 to 138 and 119 to...
Mere Breach Of Contract Does Not Constitute Criminal Breach Of Trust U/S 405 IPC Without 'Entrustment': Jharkhand High Court
The Jharkhand High Court has held that a mere breach of contract does not constitute an offence under Section 405 of the Indian Penal Code without the presence of 'entrustment'. The provision penalises criminal breach of trust.Justice Sanjay Dwivedi observed, “Offence of criminal breach of trust has been defined under section 405 I.P.C. and same is punishable under section 406 I.P.C. In...
Arbitral Tribunal's Decision To Award Damages For Loss Of Profit Is Patently Illegal If It Contradicts Contract: Delhi High Court
The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that an Arbitral Tribunal's decision to award damages for loss of profit is vitiated by patent illegality if it contradicts the express terms of the agreement between the parties. The bench held that: “It is essential to maintain the bargain entered into between the parties....
[Admiralty Act] Intervention Application Permissible If Party Has An Interest In Ship Or Sale Proceeds: Bombay High Court
While dealing with a Commercial Admiralty Suit, the Bombay High Court observed that if a party has an 'interest' in a ship/vessel or proceeds of its sale, then it can file an interim application for intervention in the suit.The Court stated that Admiralty Rules, 2018 made under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 permit such intervention in the context of...
Confederation Of Real Estate Developers Of India Withdraws PIL Against Farmers Protest From Allahabad High Court, To Pursue Appropriate Remedy
On Monday, Confederation of Real Estate Developers of India (CREDAI) withdrew its public interest litigation from the Allahabad High Court seeking direction to New Okhla Industrial Development Authority and Greater Noida Industrial Development Authority for safe egress and ingress to public at large in their offices and to demarcate a place for protesting farmers after obtaining...
Irregularity In Test Identification Parade Does Not Erode Evidentiary Value Of Identification In Court: Jharkhand High Court
The Jharkhand High Court has clarified that Test Identification Parade (TIP) conducted during the investigation is part of the investigative process and does not constitute substantive evidence. Thus, it emphasised that irregularities in conducting TIP is not a sufficient ground to discard the prosecution's case, if supported by other credible evidence.Justice Gautam Kumar Choudhary,...
Bombay High Court Monthly Digest: July 2024
Nominal Index [Citation 320 - 390] ABC v. State of Maharashtra 2024 LiveLaw (Bom) 320 Ritu Dinesh Maloo v. State of Maharashtra 2024 LiveLaw (Bom) 321 Kartik Vaman Bhatt v. Union of India & Ors. 2024 LiveLaw (Bom) 322 Dr. Jaishri Laxmanrao Patil & Ors. v. Chief Minister, State Of Maharashtra & Ors 2024 LiveLaw (Bom) 323 The Indian Express (P) Ltd. and Ors....
Six-Day School Week | Kerala HC Quashes Decision To Make 25 Saturdays Working Days, Says Adverse Impact On Student's Mental Health Not Considered
The Kerala High Court has quashed the decision of the Director of General Education in so far as it makes 25 Saturdays as working days out of 35 Saturdays in an academic year. The Court observed that the decision to implement a six day working week with Saturdays working was made without considering its adverse effects on the mental health of students. In this case, several writ petitions...
Hate Speech: High Court Grants 4 Weeks To Maharashtra Police For Obtaining Sanction To Prosecute BJP Leader Vikram Pawaskar
The Bombay High Court on Thursday ordered the Maharashtra Police to obtain a sanction to prosecute Bharatiya Janata Party (BJP) State Vice President Vikram Pawaskar, for charges of hate speech, within four weeks.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted the submissions of Chief Public Prosecutor Hiten Venegavkar, who told the judges that the chargesheet in...