All High Courts
“Writ Of Quo Warranto Meant To Prevent Abuse Of Public Offices”: Rajasthan High Court Removes Ineligible Nagar Parishad Executive Officer
The Rajasthan High Court has reiterated that the very purpose of seeking a writ of quo warranto is to prevent the abuse or usurpation of public offices and to ensure that those who hold such positions do so legitimately and within the bounds of the law.The observation was made by Justice Sameer Jain while setting aside the Respondent's appointment, belonging to Executive Officer-III category,...
Doctrine Of Separability; Arbitration Agreement Survives Termination Of Main Contract: Bombay High Court
The Bombay High Court bench of Justice R. G. Avachat and Justice Neeraj P. Dhote has held that an arbitration agreement survives the termination of the main contract facilitating the resolution of disputes arising under or in connection with the contract. Therefore, the bench dismissed a writ petition noting that the dispute was arbitral and fell within the ambit of the...
Karnataka High Court Disposes Byju Raveendran's Plea After NCLAT Begins Hearing His Appeal Challenging Insolvency Proceedings
The Karnataka High Court on Tuesday disposed of the petition filed by Byju Raveendran seeking to suspend the National Company Law Tribunal (NCLT) order, which admitted his parent company Think and Learn Private Limited (TLPL), into the insolvency resolution process.A single judge bench of Justice S R Krishna Kumar disposed of the matter after it was informed that a special bench is constituted...
Depression, Old Age, Assessee's Status As Small-Scale Surveyor To Be Considered As Genuine Hardship; Rajasthan High Court Condones Delay
The Rajasthan High Court has allowed the application seeking condonation of delay under Section 119(2)(b) of the Income Tax Act in order to claim a refund for the assessment year 2009-10 to 2014-15 on the grounds of genuine hardship.The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman has observed that the depression, old age, long pendency of the issue, and the...
[Nursing College Affiliation Scam] MP High Court Paves Way For Shifting Students From 'Unsuited' College To Other Govt Colleges
In a batch of writ petitions challenging the legality of granting recognition and affiliation to nursing colleges in Madhya Pradesh, the High Court has allowed the students of an 'unsuitable' government college to be admitted in 'suitable' government colleges.The Division Bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal modified its earlier order to the extent that students of...
Karnataka HC Directs Supply Of English Copy Of Chargesheet Written In Kannada To Men Accused Of Threatening HC Judges Who Delivered Hijab Verdict
The Karnataka High Court on Tuesday directed the State government to provide English-translated copies of the charge sheet filed against two accused who are accused of threatening the judges of the Karnataka High Court, who delivered the Hijab Verdict.A single judge bench of Justice M Nagaprasanna disposed of the petition filed by accused R Rahamathullah and Jamal Mohamed Usmain @ Jamal...
Bombay High Court Constitutes Committee To Resolve 'Precarious' Road Conditions In Nagpur City
The Nagpur bench of the Bombay High Court recently criticised the civic body and other concerned authorities in the city for their 'mismanagement and unplanned execution of road work' which has ruined the condition of the roads.A division bench of Justices Nitin Sambre and Abhay Mantri noted that even the recently constructed roads have developed potholes, which is majorly because of the...
"Cartoonists Entitled To Freedom Of Expression": Kerala High Court Quashes Case Over Malayala Manorama Caricature 'Insulting' National Flag
The Kerala High Court has held that cartoonists, being a part and parcel of the Press and Media, are entitled to Freedom of Expression guaranteed by Article 19 (1) (a) of the Constitution of India.The Court thus quashed proceedings initiated against the Printer and Publisher, Editorial Director, Managing Editor, Editor and Chief Editor of Kerala news daily 'Malayala Manorama', under Section 2...
Non-Signatories Bound By Arbitration Clause When Purchasing Property From Agreement Parties: Karnataka High Court
The Karnataka High Court bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that a person who is not a party to the arbitration agreement but buys property from someone who is a party to the agreement is still bound by the arbitration clause that applies to their vendors. The High Court noted that the Constitution Bench of the Supreme Court decision in Cox and...
[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC
The Karnataka High Court has held that purchasers of a property from the auction purchaser can make an application before the executing court for obtaining possession of the properties from the owners/occupants.A division bench of Justice Sreenivas Harish Kumar and Justice J M Khazi held thus while allowing an appeal filed by Nayamat Ali Khan and others. The Court set aside the order of the...
Gujarat HC Seeks State's Response On Jignesh Mevani's Plea Challenging Non-Constitution Of Committee To Oversee Implementation Of SC/ST Act
The Gujarat High Court on Tuesday sought the stand of the state government in Congress leader and Vadgam MLA Jignesh Mevani's plea that the state-level vigilance and monitoring committee to oversee the implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act had not been constituted in over three years.A single judge bench of Justice Sangeeta K. Vishen...
Legal Heirs Of Deceased Party To Arbitration Agreement Comes Under "Legal Representatives" Under Section 2(1)(g) Of Arbitration Act: Telangana High Court
The Telangana High Court bench of Justice P.Sam Koshy and Justice Sambasivarao Naidu has held the legal heirs of a deceased person who was a party to an arbitration agreement fall under the definition of "legal representative" as specified in Section 2(1)(g) of the Arbitration and Conciliation Act, 1996. The bench held that it encompasses persons who manage or claim to inherit...