All High Courts
Swati Maliwal Assault Case: Delhi High Court Denies Bail To Accused Bibhav Kumar
The Delhi High Court on Friday denied bail to Chief Minister Arvind Kejriwal's close aide Bhibhav Kumar in the alleged Swati Maliwal assault case.Justice Anoop Kumar Mendiratta rejected Kumar's bail plea, observing that though he happens to be only designated as a personal secretary to the Chief Minister but he yields considerable influence.The court said that at this stage, it cannot be...
Allahabad High Court Seeks UP Govt's Report On Unrecognized Schools Running In State, Action Taken Against Them
In a recent directive, the Allahabad High Court has called upon the Uttar Pradesh government to furnish a detailed report concerning the running of unrecognized schools within the state and the action taken against such schools. A bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal has stipulated a four-week deadline for submitting this report. The matter has been posted...
Arbitration Clause In Lease Agreement Invalidated By Subsequent Verbal Agreement: Delhi High Court
The Delhi High Court bench of Justice Manoj Jain has held that the arbitration clause in a lease agreement ceases to exist if the lease terminates and a new verbal tenancy agreement is established. The bench noted that: “….but since previous agreement was replaced and substituted by an oral agreement, defendant cannot be permitted to fall back upon any of the term contained in...
Karnataka High Court Issues Contempt Notices To BBMP, Police Commissioners Over Illegal Flexes/ Hoardings In Bengaluru
The Karnataka High Court on Friday took suo-motu cognizance of a news report highlighting the problem of illegal flexes and hoardings being put up in the city of Bengaluru.A division bench of Chief Justice N V Anjaria and Justice K V Aravind took cognizance of the news item appearing in the Times of India, titled 'Flex menace continues; elderly man battles for life'. Further, the court...
Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias
The Karnataka High Court has by interim order stayed the operation of an Enquiry Committee constituted by the Indian Institute of Management-Bangalore, to probe allegations of financial impropriety in raising travel claim bills against one of its Associate Professors.A single judge bench of Justice B M Shyam Prasad passed the interim order on the petition filed by Gopal Das. The professor...
RSS Defamation Case: Rahul Gandhi Gets Relief From Bombay High Court
In a relief for Congress leader Rahul Gandhi, the Bombay High Court on Friday quashed a Bhiwandi court order allowing the transcript of his speech as additional evidence in the criminal defamation case filed against him by a Rashtriya Swayamsevak Sangh (RSS) worker Rajesh Kunte.Single-judge Justice Prithviraj K Chavan allowed a writ petition filed by the Congress leader challenging the order...
Arbitration Clauses Require Explicit Reference In Subsequent Agreements: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that for an arbitration clause to be enforceable in subsequent agreements, it must be explicitly referenced within those agreements. The bench noted that the subsequent agreement in the dispute contained a specific exclusion of the arbitration clause. The bench held that: “Both the parties have agreed to the said...
Kerala High Court Directs State To Formulate Comprehensive SOP For Collection Of DNA Samples Of Children Surrendered For Adoption
Kerala High Court has ordered the State government to form a comprehensive SOP regarding collection of DNA samples of children, before declaring them legally free for adoption. The Amicus curiae, Adv. A. Parvathi Menon submitted that there is no SOP followed by the State Adoption Resource Agency (SARA) concerning this.The matter is related to the privacy of adopted children. The case was...
Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her.After recording of statement under Section 161 CrPC, a representation...
No Foreigner In India Can Be Deprived Of Their Rights: Bombay HC Orders Rs 10 Lakh Compensation To Chinese Woman Harassed By Customs Dept
Observing that it is the obligatory duty of the State to ensure that the liberty of foreign nationals coming to India is not deprived except by law, the Bombay High Court on Thursday ordered the Customs Department to issue a "no objection certificate" (NOC) for facilitating the return of a Chinese national woman to her home country, who was wrongly booked in a gold smuggling...
Dishonour Of Cheque Against Valid Loan Sufficient To Prosecute U/S 138 NI Act, Drawee Need Not Have Money Lending License: Rajasthan HC
The Rajasthan High Court has made it clear that in a case of cheque dishonor, it is to be seen is if the cheque was issued in relation to a valid loan and was dishonored without payment, even after giving notice.The bench of Justice Arun Monga said whether the complainant, that is drawee of the cheque, had a license to lend on interest is not relevant in the case of cheque dishonor.It thus...
Delay In Issuing Death Certificate: Orissa HC Asks Bhubaneswar Municipal Corporation To Introduce 'Citizen's Charter', Set Service Delivery Timelines
In order to usher a change in the attitude of municipal officials serving the general public, the Orissa High Court has directed the Bhubaneswar Municipal Corporation (BMC) to introduce a 'Citizen's Charter' highlighting the commitment of the Corporation towards citizens.While expressing grief over delay in services provided by the BMC, the Single Bench of Dr. Justice Sanjeeb Kumar...