High Courts
Section 11 Can't Be Entertained Without A Notice Under Section 21 of Arbitration Act: Telangana High Court
The Telangana High Court Bench comprising Chief Justice Alok Aradhe has held that a valid notice under Section 21 of the Arbitration and Conciliation Act, 1996, is a mandatory requirement for invoking arbitration, and its absence renders an arbitration application under Section 11 of the Act non-maintainable. Brief Facts: The parties entered into a Franchise Agreement on...
Red Tapism Must Be Combated: Madras High Court Asks State To Create Centralised Portal For Applying, Issuing Community Certificates
The Madras High Court has asked the State Government to create a common centralized portal for applying for community certificates, verifying the communal status, and issuing community certificates. The court observed that there was a need for simplifying the whole process so that citizens have easy access to the facilities. The bench of Acting Chief Justice D Krishnakumar and...
Gauhati HC Sets Aside NDPS Conviction, Cites Irreconcilable Contradictions In Prosecution Evidence, Failure To Follow Mandatory Procedure
The Gauhati High Court on Monday set aside a judgment and order passed by a Trial Court by which it convicted and sentenced a person under Section 21(c) of the NDPS Act, on the ground that there are irreconcilable contradictions in the evidence of the prosecution and lapses in not following the mandatory procedural requirements.The single judge bench of Justice Mridul Kumar Kalita was hearing...
Chhattisgarh HC Directs State Govt To Specify Steps Taken For Posting Of Teachers In Govt Schools With Minimal Or No Staff
The Chhattisgarh High Court has directed the Secretary, School Education Department, Government of Chhattisgarh, to file his personal affidavit specifying the steps taken by the State Government to post teachers in state government schools where there are minimum or no teachers. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru sought the details while initiating a...
Ruling Of Apex Court In Ashish Agarwal Case Is Not Applicable To Taxpayers Who Didn't Assail Original Reopening Notice U/s 148, Clarifies Delhi HC
While examining the ratio laid down by the Apex Court in landmark judgment of Union of India and Ors. vs Ashish Agarwal [(2023) 1 SCC 617], the Delhi High Court clarified that the said decision was principally concerned with the correctness of judgments rendered by various High Courts on challenges raised by Assessees to the initiation of reassessment in accordance with...
[S.14A Foreigners Act] Foreigners Who Overstay After Expiry Of Documents Cannot Be Treated As Infiltrators: Kerala High Court
The Kerala High Court observed that foreign nationals who entered India with valid visas and passports and continued their stay after the expiry of these documents cannot be treated as infiltrators under Section 14A of the Foreigners Act. The Court thus quashed the proceedings initiated against four foreign nationals under Section 14 A of the Foreigners Act.Justice Bechu Kurian Thomas ...
Will Remove Unauthorised 'No Parking' Signs Put Up By Private Building Owners In Public Roads: TN Govt Informs Madras High Court
The Tamil Nadu government has informed the Madras High Court that it would take action to remove all unauthorized and illegal no-parking signs, mud bags, and no parking barricades put up by private building owners in public roads. The submissions were made before a bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji while dealing with a Public Interest Litigation...
Karnataka High Court Directs DGP To Alert Police Stations Regarding Woman Who Repeatedly Filed Unsubstantiated Cases Against Several Men
The Karnataka High Court has directed the Director General of Police and Inspector General of Police to communicate to all the state's police stations, the details of a woman complainant who had registered nine complaints/FIRs, against different persons alleging sexual harassment, criminal intimidation and also for offences punishable under Section 498A of IPC.A single judge bench of Justice...
Rajasthan High Court Refuses To Expunge Trial Court's Deleterious Remarks Against IO, Says Order Satisfies 'Triple Test'
The Rajasthan High Court recently dismissed the plea moved by an Assistant Sub Inspector (“petitioner”) seeking to expunge certain deleterious remarks made about him by a trial court, while he was acting as the Investigating officer in a criminal case.The bench of Justice Sameer Jain observed that the order of the trial court satisfied the "triple test" prescribed to Courts before...
30-40 Yrs Old Trees Cut! Gauhati High Court Seeks Mizoram Govt's Response On Steps To Curb Menace Of Tree Felling
The Gauhati High Court recently directed the Mizoram government to apprise it about the measures taken or proposed to be taken by it for curbing the menace of felling of trees in Aizawl as well as in other villages of the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma observed,“…the felling of trees in Aizawl as well as villages such as Ailawng...
Bombay High Court Flags "Fake Calls" Made In Name Of Judges; Cautions Citizens
Just a few days after the Supreme Court came across a social media handle impersonating Chief Justice of India Dhananjay Chandrachud and seeking Rs 500, the Bombay High Court too has flagged a similar issue wherein citizens are getting "fake calls" in the name of the judges of the High Court and the scamsters are demanding money.The High Court Administration learnt about such instances of...
Arbitrator Can't Assume Arbitral Seat Without Clear Agreement From Parties: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that that parties in arbitration can agree to an arbitral seat at a neutral location, different from where the contract was executed, the work was carried out, or the arbitration proceedings were conducted. However, such a decision must first reflect mutual agreement and, secondly, must be documented, either...