High Courts
[Compassionate Appointment] Lawmakers Defined 'Family' To Include Specific Relatives Of Employee, Daughter-In-Law Not One Of Them: Karnataka HC
The Karnataka High Court has dismissed a petition filed by a daughter-in-law, claiming compassionate appointment in the state's rural drinking water and sanitation department.A division bench of Justice Krishna S Dixit and Justice Vijaykumar A Patil dismissed the plea filed by Priyanka Halamani, who had challenged the order of the Karnataka State Administrative Tribunal, which had rejected...
The Arbitral Tribunal May Implead A Non-Signatory To The Arbitral Proceedings: Delhi High Court
The Delhi High Court bench of Justice C. Harishankar, while deciding an appeal under Section 37(2)(b) has held in the affirmative whether the arbitral tribunal may implead a non-signatory to the arbitration agreement in the proceedings. Following the ratio in Cox and Kings Ltd v. Sap India Pvt Ltd (Cox and Kings II), it observed that whether a non-signatory is bound by...
Exception To Rule Of Availing Alternative Remedy Arises When Impugned Order Bereft Of Reasons, Incapable Of Being Appealed Against: Telangana HC
The Telangana High Court has reiterated that under peculiar circumstances when no reasons are provided in an order, relegating a litigant to the remedy of appeal would not be effective as no grounds have been furnished.“Ordinarily, we would have relegated the petitioner to avail of the alternative remedy. However, in the peculiar facts and circumstances of the case, the remedy of appeal is...
High Ethical Standard Expected From Medical Practitioner Running De-Addiction Centre: Punjab & Haryana HC Rejects Bail Under NDPS Act
The Punjab and Haryana High Court has refused to grant bail to a medical practitioner accused of illicit distribution of narcotic substances under the guise of running a De-addiction Centre, which itself was allegedly operating without any valid licence.Justice Manjari Nehru Kaul said,"...general public reposes immense trust in the medical profession, particularly when seeking treatment....
'No Public Interest': Delhi HC Directs Roster Bench To Hear Lawyer's Plea For Govt Life Insurance Benefits Without Furnishing His Aadhaar
The Delhi High Court today observed that there is no public interest involved in the writ petition moved by a lawyer, seeking to remove AADHAAR number as a mandatory requirement for the purpose of registration under Chief Minister Advocates' Welfare Scheme.A division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that it was petitioner's personal choice to not...
Non-Compliance With Share Purchase Agreement; Arbitrability Of Dispute Must Be Decided By Arbitral Tribunal, Not By Court: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that argument claiming the dispute is non-arbitrable due to non-compliance with the Share Purchase Agreement cannot be addressed by the court under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that such aspects need to be addressed by the arbitral tribunal. Brief Facts: The...
“Unpardonable, Inexcusable”: Madras HC Imposes ₹50K Cost On State For Appealing Against Compensation For Death Of Child In Sri Lankan Refugee Camp
The Madras High Court recently dismissed an appeal filed by the State of Tamil Nadu against an order directing the state to pay Rs 5,00,000 as compensation to the family of a child who died in the Srilankan Refugee camp. Calling the state action “unpardonable and inexcusable”, the bench of Justice R Subramanian and Justice Victoria Gowri dismissed the appeal and imposed a cost of...
ITO's Personal Opinion In Prior Assessment Not A Valid “Reason To Believe” For Reopening Assessment: Punjab & Haryana High Court
The Punjab and Haryana High Court while quashing the reopening proceedings initiated under Section 148 of the Income Tax Act stated that merely on account of there being an error found based on a personal opinion of the Income Tax Officer in relation to the earlier assessment, cannot be a reason to believe for initiating reassessment. The Bench consists of Justices Sanjeev Prakash...
Sexual Exploitation By Teacher Erodes Public Confidence: P&H HC Denies Pre-Arrest Bail To Man Accused Of Sending Objectionable Messages To Student
The Punjab & Haryana High Court has rejected the pre-arrest bail plea of a government school teacher accused of sending objectionable messages to his student, observing that sexual exploitation by a teacher erodes public confidence.Justice Sumeet Goel said, "The sexual exploitation of a child by a teacher has devastating effects that extend far beyond the individual, impacting both...
DUSU Elections: High Court Directs Delhi University VC To Decide Representation Seeking 50% Reservation For Women
The Delhi High Court has directed the Vice Chancellor of Delhi University to decide a representation made to it back in October 2023 for reservation of 50% seats for women in DU Students Union (DUSU) elections.The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela noted that Petitioner had relied on J M Lyngdoh Committee Report of 2006, which recommend measures for...
Plea In Kerala High Court Challenges Formation Of Justice Hema Committee, Questions State's Legislative Competence
A writ petition has been filed before the Kerala High Court challenging the formation of Justice K. Hema Committee by the government. The petitioner sought a declaration from the Court that the formation is unconstitutional and prevents any further action on that report. The petitioner further sought the Court to direct the State to form a committee on the terms in accordance with the...
"No Girl Would Accompany An Unknown Boy To A Hotel Room On Their First Meeting": Bombay High Court Acquits Man Booked For Rape
The Nagpur bench of the Bombay High Court while acquitting a man convicted for raping a girl, observed that no prudent girl would ever go to a hotel room on her very first meeting with an unknown boy as the same would send "alarming" signals to the girl about the boy.Single-judge Justice Govind Sanap refused to believe the version of the victim in a rape case, wherein the girl claimed to have...