Act of God Does Not Justify Retention Of Performance Bank Guarantee Without Suffering Legal Injury: Delhi High Court

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Amit Bansal has held that a force majeure event specifically an Act of God beyond the control of the concerned party doesn't require retention of performance bank guarantee. The bench held that a party cannot retain monies recovered through encashment of Performance Bank Guarantee on account of liquidated damages...

[NH 66-Uttara Kannada Landslide] Bodies Of 7 Out Of 10 Missing Persons Recovered, Search Ongoing To Find Others: Union Govt Tells Karnataka High Court

The Union of India has informed the Karnataka High Court that out of 10 people missing, bodies of 7 persons have been recovered and joint operations are still under progress to find others who suffered due to a landslide which occurred on July 16, on National Highway 66 in Uttara Kannada district, following heavy rainfall. Deputy Solicitor General H Shanthi Bhushan filed a status...

Vehicle Attached Under BUDS Act Can Be Auctioned Before Trial, Priority Is To Distribute Proceeds Among Victims Of Offense: Kerala High Court

The Kerala High Court held that to auction a vehicle attached under Banning of Unregulated Deposit Schemes Act (BUDS Act), the competent authorities need not wait till the end of the trial.The Court held that the scheme of BUDS Act is to give priority to realise assets in the custody of accused and distribute the proceeds among the victim of the offence. The Act says that an application...

Human Rights Commission A Quasi-Judicial Body, Must Pass Reasoned Orders: Kerala High Court

The Kerala High Court has held that the Human Rights Commission being a Quasi-Judicial Body is bound to follow the principles of natural justice and must pass reasoned orders after considering the merits of the complaint.Justice Syam Kumar V.M set aside an order issued by the Kerala State Human Rights Commission (SHRC) on finding that an unreasoned order was passed mechanically...

Bombay High Court Temporarily Restrains Indrani Mukherjea From Visiting Spain And The United Kingdom

The Bombay High Court on Tuesday ordered Indrani Mukerjea, the prime accused in the Sheena Bora murder case, not to travel to Spain or the United Kingdom (UK) till July 29. Single-judge Justice Sarang Kotwal passed an interim order staying the special court's order dated July 19, by which, Indrani was permitted to travel to Spain and United Kingdom for updating her bank documents and...

Delhi High Court Orders Removal Of Social Media Posts Against UPSC Qualification Of Lok Sabha Speaker Om Birla's Daughter

The Delhi High Court on Tuesday ordered removal of social media posts against IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.Justice Navin Chawla passed the ad interim injunction order in Anjali Birla's favour in her defamation suit filed against...

Denial Of Credit For Non-Registration Thiruvabhranam Commissioner Of Under KVAT Act Is Unjust: Kerala High Court

The Kerala High Court has held that the petitioner/assessee has paid tax at the prescribed rate on the materials procured by him from the Travancore Devaswom Board, and since this amount has already been paid over to the State Exchequer, any denial of credit to the assessee solely on the ground that the Travancore Devaswom Board/Truvabharanam Commissioner was not registered under the KVAT...

Any attempt To Modify Award Under Section 34 is not permissible: J&K High Court

The Jammu & Kashmir and Ladakh High Court has set aside a judgment from a subordinate court modifying an arbitral award while underscoring that under Section 34 of the J&K Arbitration and Conciliation Act, 1997, courts lack the authority to modify arbitral awards and can only either uphold or set aside the awards.The question arose from an award in which the Arbitral Tribunal directed...

Faizan's Death A 'Hate Crime', Delhi Police's Probe Has Been Sketchy: High Court In National Anthem Case

The Delhi High Court on Tuesday said that the Delhi Police's investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots, has been tardy and sketchy. Justice Anup Jairam Bhambhani said that the investigation has been “conveniently sparing” of the persons suspected to be involved in “brutally...

Arbitration Award Attains Status Of Civil Court Decree After Three Months If No Challenge Is Posed: J&K High Court

Emphasising the significance of the amended Section 36 of the Arbitration and Conciliation Act, which allows for the enforceability of non-stayed awards the Jammu and Kashmir and Ladakh High Court has ruled that an arbitration award attains the status of a civil court decree after three months if no challenge is posed.This transformation grants the award immediate executability at the...

Divorced Wife Not Disentitled To Maintenance On Grounds That She Is Living In Adultery: Himachal Pradesh High Court

The Himachal Pradesh High Court has observed that a divorced wife is not automatically disqualified from receiving maintenance solely on the grounds of living in adultery. A bench of Justice Rakesh Kainthla observed this while dismissing a plea moved by a man challenging an order passed by the Additional Chief Judicial Magistrate in Shimla to issue a warrant for the attachment...

[Lok Sabha Elections] Gauhati HC Issues Notice On Plea By Congress Candidate From Karimganj Constituency Challenging Election Of BJP Candidate

The Gauhati High Court yesterday issued summons in an election petition filed under Section 80, Section 80A and Section 81 of the Representation of People Act, 1951 by the Congress candidate for Lok Sabha elections 2024, Hafiz Rashid Ahmed Choudhury, from No. 7 Karimganj Constituency in Assam challenging the election of winning BJP candidate Kripanath Mallah from the said...