Himachal Pradesh High Court Nullifies 2006 Law Permitting Appointment Of MLAs As Parliamentary Secretaries

Today, the Himachal Pradesh High Court nullified a 2006 State Law which permitted the state government to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries. The Court found the Law to be beyond the legislative competence of the State Legislature. With this, a bench of Justice Vivek Singh Thakur and Justice Bipin Chander Degi also set aside...

Anganwadi Workers Perform Onerous Statutory Duties, Not Considering Them As Part Of State Civil Services Is Discriminatory: Gujarat HC

The Gujarat High Court in an order passed recently observed that although Anganwadi Workers (AWWs) and Helpers (AWHs) are not formally part of State Civil Services, they perform a "unique role" as well as onerous statutory duties under the Right to Education Act (RTE) and the National Food Security Act (NSF). In doing so the court the found the State's refusal to recognize them within State...

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12(5) of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. In this case, the petitioner had waived...

Honouring Bharat Mata Is An Expression Of Love And Pride: Madras High Court Asks State To Return Bharatha Matha Statue Taken From BJP Office

The Madras High Court recently asked the State to return a Bharatha Matha statue that was seized from the Bharathiya Janata Party's office in Virudhanagar East. Though the authorities claimed to have removed the statue to maintain peace and harmony in the society, Justice Anand Venkatesh observed that no person in their right mind would contend that the expression of...

Madras High Court Allows Release Of Suriya Starrer 'Kanguva' After Producer Makes Part Payment Towards Dues

The Madras High Court on Wednesday (November 13) cleared the release of Suriya and Bobby Deol starrer Kanguva movie after its producer, K E Gnanavel informed the court of making part payment towards dues. A division bench of Justice G Jayachandran and Justice CV Karthikeyan also recorded a proposal made by the producer of making a one time settlement of Rs 3,75,00,000 by December...

On ICAI's Plea, Karnataka HC Restrains Company From Certifying Individuals As "Fit To Practise" Income Tax, GST, Custom Brokerage, Etc

The Karnataka High Court has by way of an interim order restrained a private company from offering courses under the name and title of 'Post Graduate Diploma in Taxation Professional Skill Qualification.'A single judge bench of Justice Suraj Govindaraj passed the order while hearing a petition filed by the Institute of Chartered Accountants of India. The court restrained M/s Institute...

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression.The Court further stated that scientific studies are proving that post-partum depression is relatively...

S. 13 (1) (iii) HMA | Spouse's 'Schizophrenia' Alone Not Sufficient For Divorce, Requisite Degree Of Mental Disorder Must Be Proved: Allahabad HC

The Allahabad High Court has recently observed that the ground of a spouse suffering from schizophrenia, by itself, is not sufficient for the grant of a decree of divorce under Section 13(1) (iii) of the Hindu Marriage Act 1955 as it must be proven that the 'mental disorder' if of such a kind and degree that a spouse cannot reasonably be expected to live with partner. Noting that...

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court

The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee.A single judge bench of Justice S Sunil Dutt Yadav said “The...

Madras High Court Refuses To Quash Summons Issued To MD Of Manappuram Finance Ltd For Allegedly Auctioning Stolen Gold

The Madras High Court recently refused to quash a notice issued to the CEO and Managing Director of Manappuram Finance Limited for allegedly auctioning stolen gold. Justice KK Ramakrishnan of the Madurai bench refused to quash the notice issued to VP Nandhakumar by the Central Bureau of Investigation under Section 41 (A) of CrPC. The court added that the procedure under Section 41(A)...

Karnataka High Court Rejects Plea To Transfer Probe In Valmiki Corporation "Scam" To CBI

The Karnataka High Court on Wednesday (November 13) dismissed a petition filed by Union Bank of India seeking a direction to the government to transfer the probe being carried out in the alleged scam regarding the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd, to the Central Bureau of Investigation (CBI).A single judge bench of Justice M Nagaprasanna while...

What Legal Protections Should Be Granted To 'Blacklisted' OCI Cardholders Allegedly Involved In Anti-National Activities? Delhi HC Answers

The Delhi High Court has explained the legal protections afforded to Overseas Citizens of India (OCI) cardholders against whom backlisting orders are issued in circumstances involving allegations of anti-national activities against them.Justice Sanjeev Narula observed that since provisions of both Citizenship Act and Foreigners Act apply to OCI cardholders, a harmonious construction is...