[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant any relief to one Ashish Gadkari,...

No Explicit Option For CPF Means Automatic Transition To GPF Scheme: Madras HC Upholds Pension Rights Of KV Teachers

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's orders granting pension rights under the General Provident Fund (GPF) scheme to retired Kendriya Vidyalaya teachers. The Court ruled that teachers who had not explicitly opted to remain under the Contributory Provident Fund (CPF) scheme by January 31,...

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The accused who was sitting inside the car with other men asked his daughter to stop and come inside the car. When she refused,...

HR & CE Authorities Must Take Action On Complaints Of Encroachment, Not Put It In Cold Storage Making Deities Yearn For Due Share: Madras HC

The Madras High Court recently stressed that when an application is received informing instances of encroachment of temple land, the Hindu Religious and Charitable Endowment authorities were expected to look into the same and take immediate action. Justice M Dhandapani made the remarks after noting that due to inaction on the part of HR & CE officials, encroachers often enjoyed...

Orissa High Court Allows Holding Of Bali Jatra At Both Upper And Lower Grounds, Orders Regular Breath Analyser Test For 'MoBus' Drivers

The Orissa High Court last week allowed the Cuttack district administration to organize the historic Bali Jatra at both the upper as well as lower Bali Jatra grounds scheduled to be held between November 15-22. While hearing a PIL petition concerning the civic issues pertaining to Cuttack a division bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh in its November 7 order said,...

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. If the conduct of the parties does not demonstrate that the party claiming relief is ready and willing to perform his part of the contract then the relief under the Specific Relief Act cannot be granted. The...

Entry Made In Dispatch Register Is Not Primary Evidence To Prove Service Of Notice On Assessee: Orissa High Court

The Orissa High Court has made it clear that an entry in the dispatch register maintained by the Revenue is not primary evidence to show service of notice on an assessee. In the case at hand, Petitioner-assessee was aggrieved by rejection of application made under section 154 in Income Tax Act, 1961 for rectification. Petitioner was issued a notice for scrutiny assessment...

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed...

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. In this case, the award was passed after more than 2 years from the conclusion of the arguments. Brief Facts The present petition under Section...

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The present appeal under Section 37 (1)...

RTI | Disclosure Of Marks Obtained By Candidates In Public Recruitment Process Is Not Invasion Of Privacy: Bombay High Court

In a significant ruling, the Bombay High Court on Monday held that the disclosure of marks obtained by candidates in a public recruitment process would not invade the privacy of the candidates and that such disclosure is permissible under the Right To Information (RTI) Act, 2005.A division bench of Justices Mahesh Sonak and Jitendra Jain quashed the orders passed by a Public Information...

Award In Which Vital Evidence Are Not Considered Can Be Set Aside On Grounds Of Patent Illegality U/S 34: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya affirmed that there cannot be any quarrel with the proposition that if there is a perversity in the award insofar as the non-consideration of vital evidence is concerned, the same tantamounts to violation of the fundamental policy of Indian Law as well as gives rise to a patent illegality, which is a sufficient ground...