Delhi High Court Upholds Demolition Of Shiv Temple Near Yamuna Flood Plains, Says Eco-Sensitive Zone Must Be Protected From Encroachment

The Delhi High Court upheld the decision of the Single Judge Bench concerning the demolition order issued by the Delhi Development Authority (DDA) for a Shiv Temple located near Yamuna Flood Plains. The court asserted that as the Yamuna River Floodplain is an eco-sensitive zone, it needs to be protected from encroachments and illegal constructions.The appellant, Prachin Shiv Mandir, filed...

Individual Members Of Society Can't Be Considered Signatories To The Arbitration Agreement: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that individual members of the Society cannot be considered signatories to the arbitration agreement under Section 7 of the Arbitration Act, as they do not individually participate in its formation or execution of arbitration clause. Brief Facts: Eleven members of a cooperative housing society approached the...

Rajasthan High Court Half Yearly Digest: January To June, 2024

Citations: 2024 LiveLaw (Raj) 1 To 2024 LiveLaw (Raj) 136Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HCCase Title: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors.Case Citation: Citation: 2024 LiveLaw (Raj) 1The Rajasthan High Court dismissed a writ petition filed by a...

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court

The Uttarakhand High Court has observed that the exhibition of private parts to a child, showing him dirty films, would prima facie amount to 'sexual harassment' of a child and make out an offence under Section 11 (Sexual Harassment) read with Section 12 (Punishment for sexual harassment) of the POCSO Act. A bench of Justice Ravindra Maithani observed thus while upholding an order of...

Kerala High Court Resolves To Revise Selection Rules For Civil Judge (Junior Division), Minimum Three Years Of Practise Needed To Apply

In a Full Court meeting of judges, the Kerala High Court has resolved to carry out amendments in the Selection Rules for appointment to the post of Civil Judge (Junior Division), specifying a requirement of minimum of three years of practise as an Advocate to apply for the Kerala Judicial Service Examination. This means that aspiring candidates must have practised as an Advocate for at...

Section 11(6) Petition Not Maintainable Without Prior Section 21 Notice In Arbitration Proceedings: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that a Section 11(6) petition under Arbitration and Conciliation Act, 1996 is not maintainable unless it is preceded in the first instance by a Section 21 notice. The bench noted that the notice serves the crucial purpose of informing the opposing party about the claims asserted, allowing for...

Delhi High Court Declines PIL Against YouTube Vloggers Uploading Videos Of Women, Minor Girls Without Consent

The Delhi High Court has recently refused to entertain a public interest litigation (PIL) seeking removal of videos of women and minor girls uploaded on YouTube without their consent.The PIL was withdrawn as the division bench headed by Acting Chief Justice Manmohan expressed disinclination to entertain the plea. The plea, moved by three individuals, also sought action against vloggers...

Ward Members, Lambardars Charging Money To Verify Surety 'Illegal': Punjab & Haryana HC Bats For Use Of 'MAADHAR App' For Verification

Flagging the issue of "illegal" demand of money by people who identify the authenticity of sureties, the Punjab & Haryana High Court directed verification of sureties through MAADHAR application, to check the "unethical" practices.The Court also suggested the government officers to verify the witnesses by MAADHAR application, while registering power of attorneys, sale deeds and...

Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that a third party, whose rights for a registered charge are affected by an arbitral award, can challenge such award under Section 37 of the Arbitration and Conciliation Act, 1996. The bench held that: “the appellant herein has charge duly registered in its favour and that being the position, the charge in favour of...

Forcing Spouse To Continue Broken Marriage, Denying Separation Perpetuates Mental Agony And Constitutes 'Cruelty': Kerala High Court

The Kerala High Court recently granted permission for the dissolution of marriage upon the wife's request, despite the husband seeking dismissal of the petition and not pursuing divorce.The Court stated that parties were unable to lead a meaningful matrimonial life and that forcing one spouse to continue in marriage would create mental agony and that would undermine the purpose of marriage....

Wife's Refusal Of Carnal Intercourse Against Order Of Nature Due To Physical Incapacity Not Mental Cruelty: Uttarakhand HC

The Uttarakhand High Court has observed that a wife's refusal to engage in carnal intercourse against the order of nature due to physical incapability does not constitute mental cruelty towards her husband. A bench of Justice Ravindra Maithani observed thus while dismissing a criminal revision plea moved by a husband challenging a family court's order directing him to pay ₹25K per...

'High Time To Think What DDA Has Done To Delhi': High Court Expresses Displeasure Over Failure To Beautify District Park

The Delhi High Court has castigated the Delhi Development Authority (DDA) for failing to take any time-bound beneficial measures for beautification of a District Park in the national capital, observing there is no proper concrete walking track or multi game courts there. “Unhesitatingly, it is manifest that the respondent/DDA does not know what to do with this site in question. Is it not...