All High Courts
Calcutta High Court Strikes Down Arbitration Clause As Unconstitutional, Upholds Subcontractor's Right To Independent Dispute Resolution
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has struck part of the arbitration clause as being violative of Article 14 of the Constitution. The clause prevented the subcontractor from participating in arbitration proceedings despite having to bear the expenses for its claims. Further, it allowed the Indian Oil Corporation (IOCL) to unilaterally decide whether...
Bombay High Court Sets Aside Arbitral Award Due To Arbitrator Relying On Non-Executed Agreement, Adopting Non-Judicial Approach
The Bombay High Court set-aside an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) as the Arbitrator relied on a non-executed agreement for arriving at the decision. The Court stated that it can annul an arbitral award under Section 34 if the arbitrator adopted a non-judicial approach. The Division Bench of B.P. Colabawalla and...
Madras HC Asks BJP Minister Shobha Karandlaje How She Claimed Rameshwaram Café Bombers Were Trained In Tamil Nadu Even Before NIA Searches
The Madras High Court on Wednesday questioned Union Minister Shobha Karandlaje for her statements linking the bomb blast at Rameswaram Café in Bangalore, to Tamil Nadu. The allegation against Shobha was that in March 2024, after the blasts in Rameshwaram café, she had allegedly remarked “People trained in Tamil Nadu plant bombs here. Bomb was planted at the hotel.” Following...
Woman's Partner In Live-In Relationship Cannot Be Prosecuted For Offence Of Cruelty U/S 498A IPC: Kerala High Court
The Kerala High Court has held that a woman's partner who is not legally married cannot be prosecuted under Section 498A of the IPC for the offence of cruelty. The Court clarified that husband means married man, woman's partner in marriage and does encompass a woman's partner without legal marriage for prosecution under Section 498A of the IPC.Justice A. Badharudeen thus quashed the...
Filing Statutory Appeal After Writ Proceedings Concluded Is Abuse Of Process: Andhra Pradesh High Court Imposes Cost
The Andhra Pradesh High Court has held that the filing of the statutory appeal by the writ petitioner after writ proceedings and subsequent proceedings against the same order of assessment, just to avoid the compliance of the directions of the writ Court, is nothing but abuse of the process of the Court.The bench of Justice Ravi Nath Tilhari and Justice Kiranmayee Mandava has observed that...
Litigant Can't Be Held Responsible For Counsel's Failure to File Appeal Within Statutory Period Of Limitation: Allahabad High Court
The Allahabad High Court has held that a litigant cannot be held responsible for her/his counsel's inaction in filing the appeal within the statutory limitation period.In the case at hand, the Appellants filed a special appeal against the order passed by a Single Judge in a Testamentary Suit rejecting the application by the second appellant seeking transposition as plaintiff in place...
Plea In Kerala High Court Seeks Inquiry Against Calicut University Vice Chancellor Over Alleged Misappropriation Of Funds
A plea has been moved before the Kerala High Court by the elected member to the Senate of the Calicut University alleging misappropriation of funds by the University's Vice-Chancellor. The allegation was regarding the misappropriation of crores of money by the Vice Chancellor for the purchase and installation of Automatic Storage and Retrieval System (ASRS) which are automated racks used...
Notice U/S 138 NI Act Valid If Sent To Last Known Address Of Accused, Onus On Accused To Say Why He Did Not Receive It: Karnataka HC
The Karnataka High Court has held that a legal notice regarding dishonour of cheque under Section 138 of the Negotiable Instruments Act if sent by registered post to the address of the accused which is known to the complainant, would be deemed to have been served and it is for the accused to say as to why he could not receive the cover.A single judge bench of Justice V Srishananda held thus...
[Arbitration Act] Retroactive Application Of Judicial Decisions To Arbitral Awards Would Create Legal & Procedural Chaos: Allahabad High Court
Elucidating on the applicability of the judgment of the Supreme Court in Union of India v. Tarsem Singh and Ors 2019, the Allahabad High Court has held that “retroactive application of judicial decisions to arbitral awards would create legal and procedural chaos.”For context, in Tarsem Singh (supra), the Apex Court held that the provisions regarding solatium and interest provided in the...
Jharkhand High Court Refers Contempt Case Against Advocate General To Larger Bench Amid Claims Of False Affidavits, Procedural Complexities
The Jharkhand High Court has referred a pending contempt case involving the state's Advocate General, accused of filing false affidavits, to a larger bench for further deliberation. The Court emphasised the importance of judicial propriety and the binding nature of decisions from a coordinate bench, stating that differing views should be referred to a larger bench.Justice Sanjay Kumar...
Delhi High Court's Justice Amit Sharma Recuses From Hearing NIA's Appeal Seeking Death Penalty For Yasin Malik In Terror Funding Case
Justice Amit Sharma of the Delhi High Court on Thursday recused from hearing an appeal moved by National Investigation Agency (NIA) seeking death penalty for Kashmiri separatist leader Yasin Malik, convicted and awarded life sentence in a terror funding case.Justice Sharma was appointed as Special Public Prosecutor (SPP) for NIA in 2010. As SPP, the judge handled prosecution relating to...
[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue brought before the Court appears to be civil and...