All High Courts
Section 11(6) Petition Not Maintainable Without Prior Section 21 Notice In Arbitration Proceedings: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that a Section 11(6) petition under Arbitration and Conciliation Act, 1996 is not maintainable unless it is preceded in the first instance by a Section 21 notice. The bench noted that the notice serves the crucial purpose of informing the opposing party about the claims asserted, allowing for...
Delhi High Court Declines PIL Against YouTube Vloggers Uploading Videos Of Women, Minor Girls Without Consent
The Delhi High Court has recently refused to entertain a public interest litigation (PIL) seeking removal of videos of women and minor girls uploaded on YouTube without their consent.The PIL was withdrawn as the division bench headed by Acting Chief Justice Manmohan expressed disinclination to entertain the plea. The plea, moved by three individuals, also sought action against vloggers...
Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that a third party, whose rights for a registered charge are affected by an arbitral award, can challenge such award under Section 37 of the Arbitration and Conciliation Act, 1996. The bench held that: “the appellant herein has charge duly registered in its favour and that being the position, the charge in favour of...
Forcing Spouse To Continue Broken Marriage, Denying Separation Perpetuates Mental Agony And Constitutes 'Cruelty': Kerala High Court
The Kerala High Court recently granted permission for the dissolution of marriage upon the wife's request, despite the husband seeking dismissal of the petition and not pursuing divorce.The Court stated that parties were unable to lead a meaningful matrimonial life and that forcing one spouse to continue in marriage would create mental agony and that would undermine the purpose of marriage....
Wife's Refusal Of Carnal Intercourse Against Order Of Nature Due To Physical Incapacity Not Mental Cruelty: Uttarakhand HC
The Uttarakhand High Court has observed that a wife's refusal to engage in carnal intercourse against the order of nature due to physical incapability does not constitute mental cruelty towards her husband. A bench of Justice Ravindra Maithani observed thus while dismissing a criminal revision plea moved by a husband challenging a family court's order directing him to pay ₹25K per...
'High Time To Think What DDA Has Done To Delhi': High Court Expresses Displeasure Over Failure To Beautify District Park
The Delhi High Court has castigated the Delhi Development Authority (DDA) for failing to take any time-bound beneficial measures for beautification of a District Park in the national capital, observing there is no proper concrete walking track or multi game courts there. “Unhesitatingly, it is manifest that the respondent/DDA does not know what to do with this site in question. Is it not...
High Court Asks Delhi Govt To Implement Hybrid Courts Project On Priority Basis, Says No Cabinet Approval Required
The Delhi High Court has recently directed the Delhi Government to expedite grant of financial sanction of Rs. 387 crores and to implement on priority basis the project for having hybrid hearing in the 691 Courts in the national capital.A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela clarified that a comprehensive tender for all the district...
Continuous Readiness And Willingness On Part Of Purchaser Is Condition Precedent For Granting Relief Of Specific Performance: Karnataka HC
The Karnataka High Court has said that continuous readiness and willingness on the part of the plaintiff (purchaser) is a condition precedent to grant the relief of specific performance by the court. A single judge bench of Justice H P Sandesh held thus while dismissing the appeal filed by one Bylamurthy challenging an order of the trial court and the first appellate court...
Madhya Pradesh High Court Denies Bail To Officials Over Allegedly Illegal Hike In School Fees, Sale Of Books With Forged ISBN Numbers
In FIRs registered against several school managements, principals and booksellers for arbitrary fee enhancement and sale of books with forged ISBN numbers, the Madhya Pradesh High Court has refused bail to many officials, including a Protestant Bishop of the Church of North India and a Catholic Priest.The single-judge bench of Justice Maninder S. Bhatti held that office bearers of the...
[POCSO Act] 'Lifting Dhothi And Asking Minor To Measure Penis Amounts To Sexual Harassment': Kerala High Court
Kerala High Court has held that an act of showing a person's private part to a child and asking her to measure it will constitute the offence of sexual harassment under the Protection of Children from Sexual Offences Act (POCSO Act)Justice A. Badharudeen observed;“In this case, as I have already pointed out, lifting of dhothi to show his private part, and then asking the victim to measure...
Didn't Use 'Sharp Side' Of Axe, Not Murder: Orissa High Court Alters Conviction To Culpable Homicide
The Orissa High Court has altered the murder conviction of a man, who was found guilty by the trial Court for committing murder of his nephew, to one for culpable homicide not amounting to murder under Section 304, Part-I of the IPC.While providing partial relief to the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash stressed that despite possessing...
Dawood Ibrahim Is A Terrorist In Individual Capacity, Gang Association With Him Not Punishable Under UAPA: Bombay High Court
In a significant order, the Bombay High Court has held that the Central Government under its powers has declared underworld gangster Dawood Ibrahim, a terrorist in his "individual capacity" and thus any association of any person with him or the D-Company, would not attract punishment for being member of a terrorist organisation under section 20 of the Unlawful Activities (Prevention) Act...