Managing Committee Of Wakf Has No Power To Remove Its Own Member; Only Wakf Board Can Do So: Karnataka High Court

The Karnataka High Court recently held that the Managing Committee of a Wakf would not have any power to remove a member of the Managing Committee appointed by the WAKF Board.Justice Suraj Govindaraj held thus while allowing a petition filed by Abdul Sattar and another, who had questioned the decision of the Badariya Jumma Masjid, Muslim Jamath, removing them from the Managing Committee. The petitioners argued that only the respondent No.1- WAQF Board which has the powers under Section 32(2)(g)...

[Arbitration Act] S.37(1)(c) Applies To Entire S.34; Dismissal On Limitation Or Technical Grounds Is Appealable: Delhi High Court

The Delhi High Court recently observed that the application of Section 37(1)(c) of the A&C Act is not limited to any specific sub-section, and applies to the entire Section 34 of the A&C Act. The Court, while clarifying the law laid down in Chintels India Ltd. v. Bhayana Builders Pvt. Ltd., [2021 INSC 76], observed that a dismissal of a Section 34 application on the grounds...

State & Union Failed To Enforce CSR Obligations After 2025 Rainfall Disaster: Himachal Pradesh High Court

The Himachal Pradesh High Court, while taking suo motu cognisance of the devastation caused by the excess rainfall in 2025, held that both the State Government and the Union of India failed to effectively enforce Corporate Social Responsibility obligations under the Companies Act, 2013. The Court noted that despite a clear statutory framework, no steps were taken to utilise the CSR funds for disaster relief and rehabilitation of infrastructure. Division Bench of Chief Justice G.S....

Sanction Under Prevention Of Corruption Act Not Needed After Public Servant Retires Or Demits Office: J&K&L High Court

Holding that the statutory protection of prior sanction for prosecution under the Prevention of Corruption law is available only so long as a public servant remains in service, the Jammu and Kashmir and Ladakh High Court has ruled that no sanction is required once the official has demitted office or retired.Justice Sanjay Dhar made this clear while dismissing a petition challenging corruption proceedings, observing that “protection under Section 19 of the PC Act, which is pari-materia with...

Registered Adoption Deed Presumed To Be Genuine Unless Disproved In Independent Proceedings: Allahabad High Court

Recently, the Allahabad High Court has held that a registered adoption deed must be presumed to be in compliance of law unless specifically disproved in independent proceedings.Section 16 of the Hindu Adoption and Maintenance Act provides that when a registered adoption deed is produced in a court of law where the sign of the party giving the child and the party adopting the child are present, such deed shall be presumed to be in compliance of law unless it is otherwise proved. Justice Irshad...

Award Liable To Be Set Aside If Arbitral Tribunal Rewrites Contract Or Ignores Determinative Clauses: Calcutta High Court

The Calcutta High Court has recently held that an arbitral tribunal does not have the authority to rewrite the terms of a contract, ignore its determinative clauses on notions of equity, fairness or public law principles. It said if the tribunal travels beyond the contract itself, it amounts to a jurisdictional transgression, rendering the award illegal. “An Arbitral Tribunal does...

Highest Officer In State Dept Liable For Contempt If Non-Compliance Of Court Order Is Due To Confusion In Admin Machinery: Allahabad HC

Recently, the Allahabad High Court has held that the highest officer in a government department will be liable for contempt proceedings against him/ her is a writ court order is not complied with due to confusion in administrative machinery. Holding that Chief Secretary, Government of Uttar Pradesh will be liable for contempt in cases relating to the Land Acquisition Act 1984 as well as Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement...

Allahabad High Court Doubts UP DGP's Claim That Only 11 Mob Lynching Cases Reported In State Since 2018

The Allahabad High Court (Lucknow Bench) recently expressed serious doubt regarding the data furnished by the Director General of Police (DGP) before the HC, which claimed that only 11 cases pertaining to mob lynching have been reported in the State since 2018. Observing that the figure "prima facie appears to be incorrect", a Division Bench of Justice Abdul Moin and Justice Rajeev Bharti pointed out that the HC itself had dealt with two separate cases of a similar nature in October...

Madras High Court Asks Centre To Consider Framing Law Similar To That In Australia For Monitoring Children's Internet Usage

The Madras High Court recently asked the central government to consider bringing in a law, similar to that in Australia, to monitor internet usage by children. The bench of Justice G Jayachandran and Justice KK Ramakrishnan made the suggestion after noting that pornographic content is widely available to children using the internet. The court observed that the end users had to be made aware of the menace of child pornography, and till such legislation was passed, it was the duty of the...

"Law Should Not Be Used To Target Specific Individuals": Madras High Court Grants Interim Bail To Savukku Shankar

The Madras High Court, on Friday, granted interim bail to YouTuber and journalist Shankar @ Savukku Shankar. Shankar was arrested on December 13 on allegations of assault and extortion by a film producer.The bench of Justice SM Subramaniam and Justice P Dhanabal noted that Shankar had serious health issues and needed treatment. The court also noted that the authorities had been filing cases against Shankar, curtailing his personal liberty. The court was thus inclined to grant interim bail to...

Benefit Of S.14 Limitation Act Applies To Appeals U/S 107 GST Act Where Rectification Application Is Filed Within Time: Allahabad High Court

The Allahabad High Court has held that the benefit of Section 14 of the Limitation Act can be granted to a party for filing appeal under Section 107 of the Goods and Service Tax Act where a rectification application under Section 161 of the GST Act was filed within time. Limitation for filing appeal under Section 107 of the GST Act is 3 months from the date of the order with...

Arbitration Clause In Expired Lease Cannot Be Invoked In Dispute Over Alleged Fresh Contract: Calcutta High Court Dismisses HDFC's Plea

The Calcutta High Court has held that once a lease stands expired, disputes arising out of an alleged fresh or independent contract cannot be referred to arbitration by relying on an arbitration clause contained in the expired lease deed.Justice Aniruddha Roy, while dismissing an application filed by HDFC Bank Limited under Section 8 of the Arbitration and Conciliation Act, 1996, held that the commercial suit instituted by The New India Assurance Company Limited was not founded on any right...