Educational Institutions Are Strong Pillars Of Democracy, Can't Be Machines Producing Individuals Chasing Marks Or Degrees: Delhi High Court

The Delhi High Court has recently observed that schools, universities and academic institutions are strong pillars of democracy as well as the entire country and are not meant to be machines producing individuals whose aim is only to chase marks, courses or degrees.Justice Swarana Kanta Sharma said that educational institutions are meant to be academic institutes of eminence that help...

'Built Up Area' Definition Can't Have Retrospective Application, Bombay High Court Dismisses Dept. Appeal

The Bombay High Court has held that the expression 'built up area' introduced with effect from April 1, 2005, could not be applied retrospectively, and the Tribunal was justified in holding that up to April 1, 2005, the expression 'built up area' would exclude the balcony area. The bench of Justice G. S. Kulkarni and Somasekhar Sundaresan has observed that for the first time, the Legislature...

Arbitration Weekly Round-up: 15th to 21st July, 2024

Supreme Court of India Arbitration | Referral Courts Must Not Conduct Intricate Enquiry On Whether Claims Are Time-Barred : Supreme Court Clarifies 'Arif Azim' Judgment Case Title: SBI GENERAL INSURANCE CO. LTD. Versus KRISH SPINNING Citation: 2024 LiveLaw (SC) 489 The Supreme Court held that while deciding a Section 11(6) petition for an appointment of an arbitrator,...

Arbitrator's Reliance On Unverified Evidence Violates Fundamental Policy Of India: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that evidence which does not qualify as pleadings supported by due verification or affidavit cannot be equated with proof of a claim. It held that the arbitrator's reliance on such evidence was contrary to the fundamental policy of Indian law. The bench further held that the arbitrator was not in a situation...

Bombay High Court Orders Mandatory Presence Of Medical Facilities In All Schools & Colleges Across Maharashtra

In a first, the Bombay High Court has ordered all educational institutions in Maharashtra to provide proper first aid and medical facilities for students and employees of the schools and colleges within the college premises, so as to provide immediate possible treatment in cases of emergencies.A division bench of Justices Nitin Jamdar and Milind Sathaye noted that educational institutes in...

Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held mere dismissal of the first execution application on the ground of default does not prevent the award-holder/decree-holder from filing a fresh execution petition. The High Court held that the provisions of Rules 105 and 106 of Order 21 of the Code of Civil Procedure do not preclude the...

Ex-Parte Interim Measures Appealable Under Section 37 Of Arbitration Act, Courts Must Allow Appeal In Exceptional Cases: Karnataka High Court

The Karnataka High Court division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that ex-parte interim measures granted under Section 9 are appealable under Section 37 of the Arbitration and Conciliation Act, 1986. The High Court held that the nature of ex-parte interim measures is similar to final orders since they conclusively deny the relief sought....

'Lakhs Of Fishes Have Died' : Chhattisgarh HC Takes Suo Moto Cognizance Of Alcohol Factories Polluting River In State

On Monday, the Chhattisgarh High Court took suo moto cognizance of severe pollution caused by alcohol factories in the Mohbhatta-Dhooma region of District Mungeli in the state. The pollution resulted in mass fish deaths in the river and community distress.A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal took suo moto note of the alcohol factories polluting river in...

High Court Calls For Haryana Govt's Affidavit On Working Conditions Of Basic Amenities In Government Schools

The Punjab & Haryana High Court has sought an affidavit from the Haryana Government on working conditions of the basic amenities and other facilities provided in the schools.The Court had earlier flagged the "Government's insensitivity" towards Govt. schools in Haryana which lacks basic amenities "like rooms, electricity, toilets as well as drinking water."Justice Vinod S. Bhardwaj said,...

'Deplorable': Allahabad HC Imposes ₹2 Lakh Cost On Lucknow University For Wrongfully Withholding Student's 3rd Yr Results, Ruining Her Future

Recently, the Allahabad High Court has imposed a cost of Rs. 2 lakhs on Lucknow University for passing arbitrary orders against the petitioner-student ruining her career.Observing that the order of the cancellation of her examination of 2009 was passed in 2012 but was never communicated to the petitioner, Justice Alok Mathur held that “The matter directly pertains to the educational future...

Migrant Workers: Kerala High Court Seeks Response From Govt About Their Living Conditions, Registration Process In State

The Kerala High Court has sought response from the State Government about the registration process and living conditions of migrant workers in the State.The development comes in a petition seeking consideration of representations submitted before the Secretary of the Labour Department, urging action to identify and register the ingress of migrant workers in the State.The Division Bench...

To 'Understand Their Situation', Gujarat High Court Directs Amicus, Independent Lawyer To Directly Engage With Morbi Bridge Tragedy Victims

The Gujarat High Court on Tuesday directed the amicus curiae appointed in the Morbi Bridge case, along with an independent lawyer, to engage directly with the victims of the tragedy.A division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi said, "The amicus, along with another lawyer, will visit them, understand their situation, and prepare a detailed report."On...