Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. Facts The respondent issued a work order in favour of the petitioner for the design,...

Advocates Should Try To Resolve Matrimonial Disputes 'Without Adding Fuel To Fire': Madras High Court Suggests BCI To Form Guidelines

The Madras High Court recently suggested the Bar Council of India to formulate guidelines ensuring that Advocates resolve matrimonial disputes amicably without adding fuel to the fire. The bench of Justice Bhavani Subbaroyan and Justice KK Ramakrishnan remarked that lawyers had an enormous social responsibility to ensure that the social fiber of family life is not ruined or...

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them.The court passed the order in two appeals filed by...

Govt To Consider Verifying Criminal Antecedents Of School Teachers Before Appointment: State Tells Madras High Court

The Tamil Nadu government on Wednesday (November 13) informed the Madras High Court that it was considering bringing in a proposal whereby appointments to the Secondary Grade Teachers, PG Assistants, or any other posts in the Government schools and government Aided Institutions shall be made only after verifying the antecedents of the candidates. The submission was made before a bench...

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11(6) of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about the fact that as a constitutional court and court...

2022 Arson Case | Allahabad High Court Grants Bail To Disqualified SP MLA Irfan Solanki, Refuses To Stay Conviction

The Allahabad High Court on Thursday granted bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case in which he was sentenced by a Special Court in Kanpur to seven years' rigorous imprisonment in June this year. However, a bench of Justice Rajiv Gupta and Justice Surendra Singh refused to stay his conviction, clearing the way for the...

Priority In Admission To Kendriya Vidyalaya Not A Vested Right: Karnataka HC Declines Plea By Students Seeking 'Grandparents Sponsoring Quota'

The Karnataka High Court has said that priority in admission to school cannot be construed to be a vested right and priority provided in the previous academic year cannot be enforced as a legal right for continuation of such quota.A Division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while dismissing an appeal filed by grandchildren of serving/retired employees of...

Court's Declaration Of Civil Death U/S 108 Evidence Act Wouldn't Lead To A Presumption About Date & Time Of Death: Allahabad HC

The Allahabad High Court has observed that a civil court's declaration of civil death of a person under Section 108 of the Indian Evidence Act, 1872, would not lead to a presumption about the date and time of his death. A bench of Justice Rajan Roy and Justice Om Prakash Shukla further observed that the presumption of Section 108 is not the only mechanism for declaring death and that...

Defamation Suit: Delhi High Court Issues Summons To Users Who 'Edited' ANI's Wikipedia Page

The Delhi High Court on Thursday issued summons to three individuals who allegedly edited the Wikipedia page of news agency Asian News International (ANI). Justice Subramonium Prasad was dealing with the defamation suit filed by ANI against Wikimedia Foundation, which hosts Wikipedia platform. Earlier this week, a division bench had disposed of Wikipedia's appeal against the single judge's...

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23

The Karnataka High Court on Thursday (November 14) said it would hear next Saturday, Chief Minister Siddaramaiah's appeal challenging a single judge bench's order which had upheld the Governor's decision granting approval/ sanction for investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam. A division bench of Chief Justice N V Anjaria and Justice K V...

First Firearm 'Difficult To Carry Due To Big Size' Not Ground To Seek License For Another Weapon: Rajasthan High Court

The Rajasthan High Court has refused to interfere with competent authority's order rejecting a man's application for a second gun license which was sought on the ground that the first licensed gun that he possessed, a 12 bore gun, was too heavy for him to carry.The bench of Justice Anoop Kumar Dhand observed that the right to bear arms was completely different in India as compared to this...

Arbitration Agreement Remains Valid Even If Underlying Contract Is Terminated: Sikkim High Court

The Sikkim High Court bench of Chief Justice Biswanath Somadder and Justice Bhaskar Raj Pradhan affirmed that it is well settled that if the contract containing arbitration clause is rendered invalid or void, it does not affect the arbitration agreement. The arbitration agreement would continue to exist and the validity of which will be decided by the Arbitral Tribunal under section 16...