De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12(5) of the Arbitration Act. The court further observed that this waiver is different from section 4 of the Act which can be waived even by...

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan directed the Indian Maritime University (IMU) to regularize the services of eight contractual employees. The Court ruled that their appointments, though irregular, were not illegal as they were made through a transparent recruitment process including public advertisement and interviews. The...

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. A single bench of Justice Ananya Bandopadhyay held:The relationship between the parties was indubitably consensual. The victim lady being an adult was aware of...

Madhya Pradesh HC Upholds Workman's Retrenchment By Krishi Upaj Mandi Samiti Noting Compliance Of Section 25F Industrial Disputes Act

The Gwalior bench of Madhya Pradesh High Court, in a case regarding labour laws, set aside a Labour Court order which had directed the reinstatement of a workman with 50% back wages, after noting that the retrenchment of the workman by the concerned organisation was done following the due process of law.In doing so the court observed that the petitioner–Krishi Upaj Mandi Samiti (Pichhore),...

Delhi High Court Cancels LOC Against Ashneer Grover, Wife After Quashing Of EOW FIR

The Delhi High Court yesterday ordered cancellation of the look out circular (LOC) issued against former BharatPe Managing Director Ashneer Grover and his wife Madhuri Jain Grover after quashing of Delhi Police's Economic Offences Wing's (EOW) FIR registered last year. Justice Sanjeev Narula passed the order after he was informed that a coordinate bench had yesterday quashed the FIR. The...

Liquor Policy: Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Maintainability Of ED Complaint

Former Delhi Chief Minister and Aam Aadmi Party (AAP) supremo Arvind Kejriwal moved the Delhi High Court on Tuesday (November 12) challenging the maintainability of complaint filed by the Enforcement Director's (ED) in the alleged liquor policy scam. He has challenged a a trial court order passed on September 17 rejecting his plea challenging the summons issued to him on ED's complaint.A...

Dolly Workers With Police Verification Certificate, Health Cards To Carry Pilgrims To Sabarimala: Kerala High Court Issues Directions

The Kerala High Court has recently issued directions to ensure the fitness of 'dollies' (cane chairs) that are used to carry devotees at Sabarimala.The court said that the Travancore Devaswom Board shall ensure the fitness of the dollies used for carrying pilgrims through the trekking path before the commencement of each Maasapooja and Mandala-Makaravilakku festival season. For context, a...

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC

Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951 (“the Rules”) is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. However, suspending an employee over...

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC

Rajasthan High Court has affirmed that if there are two documents for ascertaining the income of the deceased including a salary certificate from his/her employer and his/her Income Tax Returns (“ITR”), the latter shall be considered by the Court since these are statutory documents signed by the deceased himself/herself.The bench of Justice Nupur Bhati was hearing an appeal against...

No Exclusive & Conscious Possession Of Contraband: Rajasthan High Court Grants Bail To Woman Who Only Accompanied NDPS Accused In Same Car

Rajasthan High Court recently granted bail to a woman charged under the NDPS Act after she was found sitting with the primary accused in the car from which 77 Kg of contraband was recovered.The bench the of Justice Farjand Ali took into account the plea of the petitioner that she was not having exclusive and conscious possession of the contraband, and was merely accompanying the primary...

Brothel Customer Was Not Acting In Its Management: Calcutta High Court Quashes Immoral Trafficking Case Against Man

The Calcutta High Court has quashed a case against a man who was found in a "compromising position" at a brothel. Petitioner, was charged under the provisions of the Immoral Traffic (Prevention) Act 1956 (in short Act of 1956).In quashing the case, a single bench of Justice Ajoy Kumar Mukherjee held:From the record it appears that there is no material on record even after completion...

Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy

While permitting a 16-year-old alleged rape survivor to terminate her over 24 week pregnancy, the Gujarat High Court last week issued guidelines for registered medical practitioner/medical board to follow while forming their opinion on termination of pregnancy focussing on physical and emotional well-being of the pregnant person. A single judge bench of Justice Sanjeev J Thaker, in its November...