All High Courts
Gujarat High Court Permits 15-Yrs Old Mentally Challenged Tribal Girl To Terminate 27-Week Pregnancy
The Gujarat High Court has granted permission for the termination of a 27-week pregnancy of a 15-year-old mentally challenged, tribal girl from the Tapi district. The court emphasized the girl's mental condition, family background, and the advanced stage of pregnancy in its decision.Justice Nirzar S Desai presiding over the case, said, “Considering the facts that the report indicates that...
'No Work-No Pay' Principle Not Applicable To UP Govt Employees Reinstated After Full Exoneration: Allahabad High Court
The Allahabad High Court has held that an employee who has been fully exonerated of the charges against him and has been subsequently reinstated is entitled to full pay for the period he was out of service by virtue of Rule 54 of the Financial Hand Book Volume-II (Part II to IV).Rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been...
Law Student Moves Bombay High Court After Professor Tears His Answer Script For Demanding Extra Supplementary Sheets
A law student recently petitioned the Bombay High Court after his answer sheet was torn by a professor as he demanded extra supplements for writing his exams.A division bench of Justices Atul Chandurkar and Rajesh Patil issued notice to the DY Patil Law College at Pimpri. The bench also ordered the authorities to preserve the CCTV footages of the exam hall and also of the principal's cabin,...
Take Steps For Online Registration Of Muslim, Christian Marriages Under Compulsory Marriage Order: High Court To Delhi Govt
The Delhi High Court has recently expressed displeasure with the Delhi Government over its failure to issue administrative instructions, despite a judicial order passed nearly three years ago, regarding online registration of marriages solemnized under Muslim and Christian Personal Laws under the Compulsory Registration of Marriage Order, 2014.Calling it a “systematic failure”,...
'ED Action Without Any Basis' : Madras High Court Stops Money Laundering Probe Against Contractors Over Sand Mining
The Madras High Court recently restrained the Enforcement Directorate from carrying out its investigation under the Prevention of Money Laundering Act against private contractors in connection with alleged illegal sand mining.The Court noted that there was no scheduled offence in the present case and hence the PMLA investigation was not sustainable. Till there was a scheduled offence...
Disobedience Of Interim Measures Due To Insolvency Proceedings Is Not Contempt: Delhi High Court
The Delhi High Court bench of Justice Mini Pushkarna has held that disobedience of interim measures granted under Section 9 of the Arbitration and Conciliation Act, 1996 due to insolvency proceedings does not warrant contempt charges. The bench held that if the disobedience results from circumstances beyond the contemnor's control, such as financial constraints or ongoing disputes...
Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. Further, the bench held that the interpretation of a contract is a matter for an arbitrator to determine. It held that even if such interpretation...
Aggrieved Third Party Beneficiaries Of Domain Names Cannot Challenge Arbitration Award U/s 34 Of Arbitration Act: Delhi High Court
The Delhi High Court single bench of Justice Pratibha M. Singh held that only parties to an arbitration agreement can challenge the award under Section 34 of the Arbitration and Conciliation Act, 1996. It was further held that 3rd-party beneficiaries of domain names in India, who are impacted by the arbitral award, lack the standing to challenge the award. Brief Facts: Jindal...
Invocation of Arbitration Beyond Stipulated Period In Clause Does Not Frustrate Parties' Intent To Arbitrate: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the invocation of arbitration after the period defined in the arbitration clause doesn't frustrate the intention of the parties to refer disputes to arbitration. The bench held that the outer limit stipulated in the arbitration clause for invocation of arbitration if failed by the claimant, does...
Sanitation Worker Swept To Death While Cleaning Aamayizhanchan Canal: Kerala High Court Says Incident Should Serve As An Eye-Opener
The Kerala High Court has commended the bravery of persons who engaged in the rescue operation of Joy, the sanitation worker who died after being swept off by rains while cleaning the part of Aamayizhanchan canal near Trivandrum Central Station. The Court noted that the workers had to conduct the rescue operations in very unhygienic conditions. The canal is blocked with huge quantities of...
[Masala Bonds Case] Dr Thomas Isaac Aware Of Utilization Of KIIFB Funds, 'Prime Person' To Collect Information From: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that Former Finance Minister Dr Thomas Isaac who was the Vice Chairman of the KIIFB General Committee as well as the Chairman of the Executive Committee had the knowledge and awareness and he was a prime person to collect information from regarding utilization of funds.Justice T R Ravi was considering two separate...
NDPS Act | Preparing Seizure Memo At Place Other Than Scene Of Recovery Makes Seizure Defective, Creates Reasonable Doubt: Rajasthan High Court
Rajasthan High Court has ruled that a seizure memo needs to be prepared by the seizure officer at the spot of recovery of contraband material under the NDPS as prescribed under the Standing Instruction issued by the Narcotics Control Bureau failing which the seizure becomes defective, raising reasonable doubt in relation to the manner of seizure. The bench of Justice Rajendra Prakash...