All High Courts
Non-Compliance With Share Purchase Agreement; Arbitrability Of Dispute Must Be Decided By Arbitral Tribunal, Not By Court: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that argument claiming the dispute is non-arbitrable due to non-compliance with the Share Purchase Agreement cannot be addressed by the court under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that such aspects need to be addressed by the arbitral tribunal. Brief Facts: The...
“Unpardonable, Inexcusable”: Madras HC Imposes ₹50K Cost On State For Appealing Against Compensation For Death Of Child In Sri Lankan Refugee Camp
The Madras High Court recently dismissed an appeal filed by the State of Tamil Nadu against an order directing the state to pay Rs 5,00,000 as compensation to the family of a child who died in the Srilankan Refugee camp. Calling the state action “unpardonable and inexcusable”, the bench of Justice R Subramanian and Justice Victoria Gowri dismissed the appeal and imposed a cost of...
ITO's Personal Opinion In Prior Assessment Not A Valid “Reason To Believe” For Reopening Assessment: Punjab & Haryana High Court
The Punjab and Haryana High Court while quashing the reopening proceedings initiated under Section 148 of the Income Tax Act stated that merely on account of there being an error found based on a personal opinion of the Income Tax Officer in relation to the earlier assessment, cannot be a reason to believe for initiating reassessment. The Bench consists of Justices Sanjeev Prakash...
Plea In Kerala High Court Challenges Formation Of Justice Hema Committee, Questions State's Legislative Competence
A writ petition has been filed before the Kerala High Court challenging the formation of Justice K. Hema Committee by the government. The petitioner sought a declaration from the Court that the formation is unconstitutional and prevents any further action on that report. The petitioner further sought the Court to direct the State to form a committee on the terms in accordance with the...
"No Girl Would Accompany An Unknown Boy To A Hotel Room On Their First Meeting": Bombay High Court Acquits Man Booked For Rape
The Nagpur bench of the Bombay High Court while acquitting a man convicted for raping a girl, observed that no prudent girl would ever go to a hotel room on her very first meeting with an unknown boy as the same would send "alarming" signals to the girl about the boy.Single-judge Justice Govind Sanap refused to believe the version of the victim in a rape case, wherein the girl claimed to have...
Section 11 Can't Be Entertained Without A Notice Under Section 21 of Arbitration Act: Telangana High Court
The Telangana High Court Bench comprising Chief Justice Alok Aradhe has held that a valid notice under Section 21 of the Arbitration and Conciliation Act, 1996, is a mandatory requirement for invoking arbitration, and its absence renders an arbitration application under Section 11 of the Act non-maintainable. Brief Facts: The parties entered into a Franchise Agreement on...
Red Tapism Must Be Combated: Madras High Court Asks State To Create Centralised Portal For Applying, Issuing Community Certificates
The Madras High Court has asked the State Government to create a common centralized portal for applying for community certificates, verifying the communal status, and issuing community certificates. The court observed that there was a need for simplifying the whole process so that citizens have easy access to the facilities. The bench of Acting Chief Justice D Krishnakumar and...
Gauhati HC Sets Aside NDPS Conviction, Cites Irreconcilable Contradictions In Prosecution Evidence, Failure To Follow Mandatory Procedure
The Gauhati High Court on Monday set aside a judgment and order passed by a Trial Court by which it convicted and sentenced a person under Section 21(c) of the NDPS Act, on the ground that there are irreconcilable contradictions in the evidence of the prosecution and lapses in not following the mandatory procedural requirements.The single judge bench of Justice Mridul Kumar Kalita was hearing...
Chhattisgarh HC Directs State Govt To Specify Steps Taken For Posting Of Teachers In Govt Schools With Minimal Or No Staff
The Chhattisgarh High Court has directed the Secretary, School Education Department, Government of Chhattisgarh, to file his personal affidavit specifying the steps taken by the State Government to post teachers in state government schools where there are minimum or no teachers. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru sought the details while initiating a...
Ruling Of Apex Court In Ashish Agarwal Case Is Not Applicable To Taxpayers Who Didn't Assail Original Reopening Notice U/s 148, Clarifies Delhi HC
While examining the ratio laid down by the Apex Court in landmark judgment of Union of India and Ors. vs Ashish Agarwal [(2023) 1 SCC 617], the Delhi High Court clarified that the said decision was principally concerned with the correctness of judgments rendered by various High Courts on challenges raised by Assessees to the initiation of reassessment in accordance with...
[S.14A Foreigners Act] Foreigners Who Overstay After Expiry Of Documents Cannot Be Treated As Infiltrators: Kerala High Court
The Kerala High Court observed that foreign nationals who entered India with valid visas and passports and continued their stay after the expiry of these documents cannot be treated as infiltrators under Section 14A of the Foreigners Act. The Court thus quashed the proceedings initiated against four foreign nationals under Section 14 A of the Foreigners Act.Justice Bechu Kurian Thomas ...
Will Remove Unauthorised 'No Parking' Signs Put Up By Private Building Owners In Public Roads: TN Govt Informs Madras High Court
The Tamil Nadu government has informed the Madras High Court that it would take action to remove all unauthorized and illegal no-parking signs, mud bags, and no parking barricades put up by private building owners in public roads. The submissions were made before a bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji while dealing with a Public Interest Litigation...