High Courts
Citing Inability Of Authorities To Prevent Cattle Feeding On Garbage, Delhi HC Orders Shifting Of Dairies Located Near Landfill Site
The Delhi High Court has recently ordered the shifting of the Bhalaswa dairy colony–located near a landfill site, to the Gogha dairy colony within four weeks, after taking note of the “inability of statutory authorities” to prevent cattle from feeding on garbage in the area.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in its July 19 order...
Rape FIR 'Suspicious': MP High Court Denies Permission To Terminate Minor's 28-Week Pregnancy
Noting that an FIR lodged by the grandmother of the prosecutrix is 'suspicious' on account of false information about the date of occurrence of rape, Madhya Pradesh High Court has refused to allow the medical termination of prosecutrix's 28-week-old pregnancy.The single judge bench of Justice Gurpal Singh Ahluwalia, while dismissing the petition, reasoned that the Medical Board's report...
Unrebutted Evidence Of Minor Daughter Substantiating Allegations Of Cruelty Meted Out To Mother Sufficient To Grant Divorce: Allahabad HC
The Allahabad High Court has held that unrebutted evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce under Section 13 of the Hindu Marriage Act.Parties got married in 1999 and had two children in 2000 and 2003, respectively. Before the Family Court, it was established that the parties cohabited till 2011. While living in South...
"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
The Kerala High Court stated that the Kerala Public Service Commission (KPSC) has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. However, the Court deemed that it was improper for the KPSC to destroy records while an application under the Right to Information Act...
Recovery Of Debt Of Bank Under SARFAESI Act Prevails Over Debts Under FEMA: Karnataka High Court
The Karnataka High Court recently held that provisions of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act (SARFAESI) will override the provisions of the Foreign Exchange Management Act,(FEMA) which is a subsequent enactment, the debt of a secured creditor–Bank, would have priority and prevail over all other debts.A single judge bench of...
Rajasthan High Court Grants Bail To Man Booked For Sending 'Dummy Candidate' To Take Govt Examination On His Behalf
The Rajasthan High Court granted bail to an accused booked for sending a dummy in an examination for the post of teacher based on the revelation that the candidate was not apprehended in the examination hall, and rather that the case was lodged one year after the examination was held.The bench of Justice Farjand Ali was hearing the bail application filed by the accused. It was alleged that...
Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held the inclusion of a non-signatory in arbitral proceedings is not solely dependent on the non-signatory being part of the same group of companies as the signatory.The bench further clarified that a non-signatory can be included in arbitration if there is a contractual relationship that makes the non-signatory partially or...
Woman's Decision To Continue Pregnancy Or Go For Its Termination: Allahabad High Court On 32 Weeks Pregnancy Of 15-Yr-Old
While dealing with a case of 15 years old pregnant rape victim, the Allahabad High Court has held that it is a woman's decision whether to continue pregnancy or go ahead with medical termination of pregnancy.Allowing continuation of pregnancy after counselling the victim and her parents of the risks involved with medical termination at 32 weeks pregnant, the bench comprising of Justice Shekhar...
Delhi's Shahdara Bar Association Supports PIL To Reserve 33% Seats For Women Lawyers In Lawyers' Bodies Elections
Delhi's Shahdara Bar Association has filed an affidavit before the Delhi High Court supporting a PIL seeking reservation of 33% seats for women lawyers in the elections of Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and All District Bar Associations in the national capital.The Executive Committee of the Shahdara Bar Association has said that it is in complete...
Allahabad High Court Sets Aside Part Of Award Dealing With Non-Arbitrable Dispute
The Allahabad High Court has held that disputes regarding works undertaken by party independent of the contract which contains the arbitration agreement cannot be determined under such arbitration agreement.Section 70 of the Contract Act, 1872 provides that a party is bound to compensate the other party for the work done by the latter party when there was no intention to do the...
Delhi High Court Refuses To Stay Netflix Release Of 'Tribhuvan Mishra CA Topper' Show On ICAI's Plea
The Delhi High Court has recently refused to stay the release of “Tribhuvan Mishra CA Topper” show on OTT platform Netflix. In an order passed on July 16, Justice Navin Chawla saw trailer of the show and observed that it did not refer to the profession of Chartered Accountancy in any manner. “It is a series which appears to be more in the genre of comedy, and merely describes the...
Evolve Protocol To Scrutinize Pleadings Before Filing: Delhi High Court To MCD
The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to evolve a protocol to scrutinize the pleadings and averments before they are filed in courts and ensure that they align with the law of the land. A division bench comprising Justice Rajiv Shakdher and Justice Tara Vitasta Ganju directed the Deputy Commissioner (Law) of MCD with the assistance of the Chief Law Officer...