High Courts
Gauhati High Court Calls For Equal Opportunity Of Promotion For Inspectors Of Armed And Unarmed Branch Of Mizoram Police
The Gauhati High Court recently held that proviso to Rule 6(1) of the Mizoram Police Service Rules, 2008, shall be interpreted in a manner which provides equal opportunity of promotion to the Inspectors of the Armed Branch as well as Un-armed Branch of the Mizoram Police. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:“It is a salutory principle of law...
Since Seat Is Fixed, Only Court Having Territorial Jurisdiction Over Seat Has Jurisdiction Over Arbitral Proceedings: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 11 petition, has held that when the seat of the arbitration is contractually fixed, only those Courts having territorial jurisdiction over the seat would have the curial jurisdiction over the arbitral proceedings. Following the dictum in BGS SGS Soma JV v. NHPC Ltd, the court held that the High Court of Delhi...
Senior Advocate Designation | Permanent Committee Not Empowered To Withhold/Defer Candidature Of Some Advocates From Full Court: Orissa HC
In an important development, the Orissa High Court has held that the 'Permanent Committee' constituted for designation of Senior Advocates is not empowered to withhold/eliminate/defer candidature of some Advocates without submitting their names to the Full Court for consideration.Clarifying the scope of functioning of the 'Permanent Committee', the Division Bench of Justice Sangam Kumar Sahoo...
Interest Can Be Waived In Situations Beyond Assessee's Control In Timely Filing Of Returns: Punjab And Haryana High Court
The Punjab and Haryana High Court ruled that interest for late filing of income tax returns can be waived in situations where the delay was beyond the control of assessee. The Bench of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “….while exercising the discretion by the Settlement Commission, no reasons have been assigned as to why the interest has been...
Delhi High Court Stays Arbitral Awards Due To Unilateral Appointment Of Arbitrator
The Delhi High Court bench presided by Justice C. Hari Shankar has stayed the execution of two arbitral awards, holding that the unilateral appointment of the arbitrator by the respondent, without court intervention under Section 11 of the Arbitration and Conciliation Act, 1996, and in violation of Section 12(5) of the Act, rendered the arbitration proceedings invalid...
Delhi High Court Restrains Businesses From Using Amul's Trademark On Their Pharmaceutical Products, Directs Payment Of ₹5 Lakhs In Damages & Costs
The Delhi High Court has issued a permanent injunction in favour of Amul, against businesses dealing in pharmaceutical products, from using 'AMUL' trademark on their products. The Court imposed costs and damages of Rs. 5 lakh against them for infringing Amul's well-known trademark.A single judge bench of Justice Mini Pushkarna observed that an ordinary customer is likely to be confused that...
Karnataka High Court Pulls BJP Leader For Calling State Health Minister "Half Pakistani", Refuses To Stay Defamation Case
The Karnataka High Court on Thursday expressed displeasure at the statement made by Bharatiya Janata Party MLA Basangouda Patil Yatnal referring to State Minister for Health and Family Welfare, Dinesh Gundu Rao as "half Pakistani". A single judge bench of M Nagaprasanna refused to stay the defamation proceedings initiated against him by Rao's wife Tabbasum Dinesh Rao under Section 499 and 500...
Kerala High Court Refuses To Quash POCSO Case Against Woman For Failing To Report Sexual Assault On Minors In Cottages Provided By Her
The Kerala High Court has refused to quash the criminal proceedings under POCSO Act initiated against a woman in-charge of the cottages where allegedly two minors were subjected to rape.The petitioner had approached the High Court to quash two final reports where she was said to have provided the rooms in the cottage to the accused, who is her friend, without even having satisfied...
'Surprising That Unelected Members Are Permitted To Run Show': HC Asks Punjab Chief Secy Why Civic Body Polls Were Not Held Despite Constitutional Mandate
The Punjab & Haryana High Court has expressed surprise at how unelected representatives were permitted to run the functions of the Punjab Municipality since no elections had been conducted since the last Municipal Councils and Corporations expired in December 2022 and January 2023 respectively.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "It is surprising that no elections...
Delhi High Court Seeks Puja Khedkar's Response On UPSC's Plea Alleging Perjury In Anticipatory Bail Case
The Delhi High Court on Thursday issued notice on a plea moved by the Union Public Services Commission (UPSC) alleging that former probationer IAS officer Puja Khedkar committed perjury by filing a false affidavit and making a false statement in relation to her anticipatory bail plea.Justice Subramonium Prasad sought the response of Khedkar who is accused of “misrepresenting and...
Karnataka High Court Quashes Criminal Case Against Union Minister Shobha Karandlaje For Remarks On Rameswaram Cafe Blast
The Karnataka High Court on Thursday quashed the criminal case registered against Member of Parliament, Shobha Karandlaje, after she had made a statement during a protest in Bengaluru, linking the suspect in the Rameshwaram cafe blast with Tamil Nadu. A single-judge bench of Justice M Nagaprasanna allowed the petition and quashed the proceedings registered with the Cottenpet Police station...
Allahabad High Court Acquits Murder Convict Who Spent Over 7.5 Yrs In Jail, Grants ₹1 Lakh To Him As Compensation
The Allahabad High Court last week acquitted one Hafeez Khan, who had been convicted by the Sessions Court in March 2019 in a murder case of a woman, as it noted that there was absolutely no evidence against him. The Court also granted him Rs. 1 Lakh as a 'token of compensation' for the 'injustice' done to him since he had to spend more than 7.5 years in jail. “Now that this...