High Courts
Benefit Of Section 4 Of Limitation Cannot Be Extended To Thirty Days Provided By Proviso To Section 34(3): Himachal Pradesh High Court
While hearing a petition under Section 37 of the Arbitration Act, the Himachal Pradesh High Court bench of Justice Bipin Chander Negi upheld the order passed by the district court, dismissing a Section 34 petition as barred by limitation. The court held that the benefit of Section 4 of the Limitation Act could only be extended to the prescribed period of limitation, which in the case of Section 34 is three months.Section 34 of the Arbitration pertains to filing an application for setting aside...
Compliance With Pre-Arbitration Formalities Not Mandatory; Can Be Waived By Consensus: Calcutta High Court
The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that compliance of the pre-arbitration stages can be waived by consensus. The court observed that forcing the petitioner back to the rigmarole of pre-arbitration formalities would be an unnecessary and futile exercise.Brief Facts:The petitioner, Jayashree Electromech Private Limited, was awarded six letters...
Punjab & Haryana High Court Grants Interim Pre-Arrest Bail In Cheating Case On Condition Of Planting Ten Saplings Of Indigenous Plants
The Punjab and Haryana High Court granted interim anticipatory bail in a cheating case, subject to the condition of planting 10 saplings of indigenous plants in a public place. It stated further, that if the condition is not complied with, the order will be recalled.Chief Justice Sheel Nagu said, "The petitioner shall plant 10 saplings of indigenous plants at a public place and submit proof in that regard by way of photographs before the Registry before the next date of hearing, failing which...
Kerala High Court Reserves Order On Woman's Plea Alleging Non-Registration Of FIR Over Alleged Rape By Police Officers
The Kerala High Court has reserved its orders in a plea moved by a woman alleging failure to register FIR against four higher police officials in the Malappuram district in Kerala who raped and sexually assaulted her.Justice A. Badharudeen condemned the act of not registering an FIR when there are allegations of cognizable offences like rape. It orally stated that the government and police officials are duty-bound to conduct a fair investigation against the accused persons based on the complaint...
Allahabad HC Summons State Food Safety Dept Official After Advocate Brings 'Chinese' Garlic To Courtroom
On Thursday, the Allahabad High Court summoned an officer of the Food Safety and Drug Administration Department, Government of UP, after a practising advocate brought half a KG of 'Chinese' garlic as well as regular garlic to the courtroom. A bench of Justice Rajan Roy and Justice Om Prakash Shukla passed this order summoning a State Government official while hearing a Public Interest Litigation (PIL) plea filed by an Advocate (Moti Lal Yadav) raising the issue of the availability of ...
No Explanation Why Complainant Did Not Approach Authorities For 3 Years: Gujarat HC Orders No Coercive Action Against Sexual Assault Accused
While staying coercive action against an accused in an alleged rape case, the Gujarat High Court in its interim order noted that no explanation was given in the FIR on why, for three years, the complainant had not approached a higher police authority regarding the alleged physical harassment meted out to her by the accused, who was working in the police department. Observing that the matter requires consideration, a single judge bench of Justice Nirzar S Desai in its September 25 order...
Whether Girl Wants To Terminate Pregnancy Or Give Birth Is 'Purely Her Wish': Says Gujarat High Court, Permits Father To Withdraw Plea
While hearing a man's plea seeking termination of his minor daughter's 25 week pregnancy, the Gujarat High Court orally said on Wednesday that the girl's consent was required before termination and her parents cannot force her to terminate the pregnancy. The court thereafter permitted the father to withdraw the petition and disposed of the matter. The petition was filed seeking termination of pregnancy on the ground that the 16 year old girl was a rape victim coming from the very lower...
Rajasthan High Court Sets Aside Bail Cancellation, Proclamation Proceedings And Action Against Surety U/S 446 CrPC In Rash Driving Case
Reiterating that trial court's discretion to cancel bail must be preceded with a notice to the accused to defend themselves, the Jodhpur bench of the Rajasthan High Court recently set aside an order cancelling a man's bail which also declared him an "absconder" in a rash driving case. A single judge bench of Justice Arun Monga set aside a magisterial court's order which had further directed initiation of proceedings against the petitioner under Cr.PC Sections 82 and 83 and under Section 446...
Inadvertent Error Selecting Wrong Option In Application Form: Bombay High Court Directs Admission Of Disabled Candidate To MBBS Course
The Bombay High Court has directed a Government Medical College in Maharashtra to admit a candidate with disabilities to its MBBS course, who had inadvertently selected the 'no' option in the Persons with Disabilities (PwD) column of the online application form and as a result was not examined for his disability status.The petitioner who suffers from a locomotor disability to the extent of 40% sought to direct the respondent-authorities to admit him to the MBBS course against the PwD-OBC quota. ...
High Court Strikes Down Sections 3A & 6A Of Kerala Cashew Factories (Acquisition) Act As Unconstitutional And Arbitrary
The Kerala High Court has struck down Section 3A of the Kerala Cashew Factories (Acquisition) Act, 1974 amended by the Kerala Cashew Factories (Acquisition) Amendment Act, 2015 and Section 6A which was inserted by the 2015 Amendment as unconstitutional and arbitrary.Justice Gopinath P passed the order by relying upon the Apex Court decision in S.T. Sadiq v. State of Kerala and others (2015) which had struck down Section 6 of the Act as unconstitutional. “The provisions of Section 3A (as...
Kerala High Court Directs Co-Op Bank To Release Gratuity And Provident Fund Of Employee Against Whom Surcharge Proceedings Were Pending
The Kerala High Court directed the bank to pay gratuity and provident funds to the employee against whom surcharge proceedings under Section 68 of the Kerala Co-operative Societies Act (KCS Act).The bank claimed that the retired employee is not entitled to retiral benefits as she has not paid the Rs. 3,25,53,652 surcharge fixed under Section 68 of the KCS Act. Further, she has also not obtained non-liability certificates as contemplated under Rule 198(8) of the KCS Rules.The petitioner was...
Karnataka High Court Stays Probe Against Convict Who Was Seen Sitting With Actor Darshan In Prison Chewing Tobacco
The Karnataka High Court on Thursday stayed all further investigations against one convict Shrinivas who was recently spotted sitting along with Kannada actor Darshan Thoogudeepa inside the prison and chewing tobacco, while Darshan is seen smoking and drinking coffee.A single judge bench of Justice M Nagaprasanna by way of interim order stayed the proceedings. The police had registered a case against Darshan and others under Section 42 of the Karnataka Prisons (Amendment) Act, 2022 after the...