All High Courts
Delhi High Court Issues Notice On Plea To Reserve 33% Seats For Women Lawyers In Lawyers' Bodies Elections
The Delhi High Court on Thursday issued notice on a plea seeking reservation of 33% of seats for women lawyers in the elections of Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and All District Bar Associations in the national capital.A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela sought response of the lawyers bodies and listed...
Disputes Predominantly Civil But Involving Elements Of Criminality Not Automatically Excluded From Arbitration: Jammu and Kashmir High Court
The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh has held that a dispute predominantly civil but involving elements of criminality is not automatically excluded from arbitration. The bench noted that unless there is a specific allegation of the parties engaging in an agreement amounting to criminal conspiracy, there should be no blanket prohibition...
Kerala HC Directs Family Court To Conduct Joint Trial Of Plea To Recover Past Maintenance And Miscellaneous Case Claiming Future Maintenance
The Kerala High Court has directed a Family Court to conduct joint trial of an Original Petition (OP) and Miscellaneous Case (MC) filed under Section 125 of CrPC seeking maintenance.The petitioner/husband had approached the High Court against the dismissal of his joint trial application of an OP and MC by the Family Court. The Division Bench comprising Justice Devan Ramachandran and Justice...
Person Facing Criminal Cases Doesn't Need Court's Nod For Passport Issuance; Permission Required In Case Of Foreign Travel: Allahabad HC
Last month, the Allahabad High Court observed that under the Indian Passport Act 1967, a person seeking the issuance of a passport is not required to obtain prior permission from the competent court, even if such a person is facing criminal charges. A Bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal explained that under the 1967 Act, the passport authority has to...
Arbitral Award In Violation Of Contractual Bar Is Patently Illegal: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an arbitral award in violation of a bar contained in the contract is beyond the arbitrator's jurisdiction. The bench held that such an award categorically vitiated under Section 34(2)(a)(iv) of the Arbitration and Conciliation Act, 1996, as well as by patent illegality as envisaged in Sub-section...
Availability Of Civil Remedy No Grounds To Disallow Continuation Of Criminal Proceedings, Both Remedies Are Co-Extensive: Rajasthan HC
The Rajasthan High Court has ruled that the availability of a civil remedy does not preclude setting of criminal proceedings in motion. It was held that the two remedies are not mutually exclusive but co-extensive having different content and consequences. It held:“It is an anathema to suppose that when a civil remedy is available, a criminal prosecution is completely barred. The two types...
Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court
The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape.A single judge bench of Justice M Nagaprasanna allowed the petition filed by a man and quashed the case registered for offences punishable under sections 376 and 417 of the Indian Penal Code. The court said, “The duration...
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...