Bombay High Court Permits Offering Of Flowers At Shirdi Sai Baba Temple, Says They Should Be Purchased From Farmers & Sold At Reasonable Rates

The Aurangabad bench of the Bombay High Court on Friday (November 14) while permitting the Shri Saibaba Sansthan, Shirdi to resume the practice of offering flowers to Sai Baba in the temple, directed that flowers must be made available for devotees for offering at a reasonable price. The court further said that no devotee must be harassed or extorted by selling flowers at exorbitant...

Gujarat High Court Monthly Digest: October 2024 [Citations 144-163]

Citations 2024 LiveLaw (Guj) 144 to 2024 LiveLaw (Guj) 163Nominal Index Pareshbhai Ramanlal Shah v. State of Gujarat and Batch, 2024 LiveLaw (Guj) 144I C Mahida – M.D. of Surat District Co-op Bank Ltd v. State of Gujarat & Ors, 2024 LiveLaw (Guj) 145X v. State of Gujarat, 2024 LiveLaw (Guj) 146New India Assurance Co. Ltd. v. Ramrul @ MunnaLokane Mina & Ors, 2024 LiveLaw (Guj) 147X v....

Court Fees Act 1870 | Ad Valorem Court Fees Is Payable In Suit Filed For Declaring A Gift Deed As Null & Void: Allahabad HC

The Allahabad High Court has held that in a suit filed wherein relief is claimed for adjudging a gift deed as null, void, forged, and fabricated ad valorem Court Fees would be payable as per Section 7(iv-A) of the Court Fees Act, 1870 (as applicable in Uttar Pradesh) and not as per residuary Article 17 (iii) of Schedule II of the 1870 Act. For context, residuary Article 17 (iii)...

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet (on December 1, 2023)—despite the...

'Opinion Of Dermatologist Cannot Be Ignored', Delhi High Court Directs Fresh Examination Of Candidate By Review Medical Board

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain upheld the order of the Central Administrative Tribunal that directed the Staff Selection Committee to constitute a fresh Medical Board to re-examine the Respondent for determining whether he was fit for duties or not. The Court held that the Respondent was declared fit by the...

Draft Amendments Made In Body Of Writ Petition Regarding Factual Assertions To Be Accompanied By Application And Affidavit: Gujarat HC

Observing that draft amendments with respect to factual assertions in the body of a writ petition are to made by moving an appropriate application with affidavit, the Gujarat High Court recently rejected the draft amendments sans application made in a matter which had been accepted by the court's Registry. In doing so the court emphasized the necessity of adhering to the procedure...

While Hearing Appeal U/S 37 Of Arbitration Act, Court Must Confine Itself To Grounds U/S 34 Of Arbitration Act: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua affirmed that supervisory role of Courts is very restricted in dealing with appeals under Section 37 of the Arbitration Act. Scope of interference in a petition under Section 34 of the Act is very narrow. Jurisdiction under Section 37 of the Act is narrower.Therefore, Courts must be very conservative while dealing...

Rajasthan High Court Lifts Stay Order On Conduct Of State Dental Council Elections

The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman at the Rajasthan High Court allowed the special appeal filed by the Rajasthan State Dental Council, Jaipur, RUHS College of Dental Sciences (“RUHS”) against an order passed by the Single Judge wherein the election process to the Rajasthan State Dental Council commenced pursuant to the Election notification...

'Additional Charge Of Deputy Commissioner Does Not Entitle Additional Deputy Commissioner To Pay Scale Of DC', Delhi High Court Reiterates

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition challenging the order of the Central Administrative Tribunal upholding that the assignment of 'current duty charge' of the Post of DC would not entitle the Petitioner holding the Post of ADC to the pay scale as that of the DC. The Bench reiterated that...

Husband Forcing Wife To Leave Job And Live As Per His Wish, Style Amounts To Cruelty: Madhya Pradesh High Court In Divorce Case

Allowing a woman's plea for dissolving her marriage to a man, the Indore bench of the Madhya Pradesh High Court observed that in the case at hand the the husband compelling his wife to leave her government job till he gets the job, and to "live as per his wish and style" amounts to cruelty. In doing so the court underscored that whether husband or wife want to live together or not is their...

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act.Brief FactsThis Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed by the appellant-United...

Setting Up Of Religious Place By One Community Can't Be Stopped Merely Due To Opposition By Another Community, Assumption Of Disharmony: Kerala HC

The Kerala High Court recently quashed an order of District Collector refusing to give NOC to continue the functioning of a prayer hall in Kadalundi village. Justice Mohammed Nias C. P. quashed the order observing that the main reason for objection of NOC was due to apprehension of law-and-order situation due to the objection made by other members of the community. The Court said that the...