Decree Doesn't Become Nullity Only Due To Death Of Some Defendants During Suit If Right To Sue Survives Against Remaining Defendants: Patna HC

The Patna High Court dismissed a petition under Article 227 of the Constitution challenging the Sub Judge's order that denied an application to dismiss an execution case. The court held that a decree does not become null for all defendants if the right to sue persists against the remaining defendants.Justice Arun Kumar Jha, presiding over the case observed, “In the present case, even...

Construction Of Contract's Terms Is Task Of Arbitrator, Cannot Be Interfered With U/S 34 Unless Construction Is Unreasonable: Madras HC

The Madras High Court bench of Justices M.Sundar And K.Govindarajan Thilakavadi affirmed that the construction of the terms of a contract is primarily for an Arbitrator to decide unless the Arbitrator construes the contract in such a way that it could be said to be something that no fair-minded or reasonable person could do then only interference under section 34 of the Arbitration...

Maharashtra Lokayukta Calls For Report Over Alleged Illegal Allotment Of Land Parcel To BJP State Chief Chandrashekhar Bawankule

The Lokayukta of Maharashtra recently took cognisance of a complaint lodged against the allocation of 5 hectares of land parcel in Nagpur to Shri Mahalakshmi Jagdamba Sansthan, a trust headed by Chandrashekhar Bawankule, the State Chief of Bharatiya Janata Party (BJP).The land has been allocated for constructing a nursing college, a junior college, science-arts- commerce college, and...

"Puja Committee Thinks They Are Bigger Than God": Calcutta HC On Plea Against Use Of Loudspeakers Near School For Specially-Abled Children

The Calcutta High Court on Friday observed that the use of loudspeakers and blocking of roads outside a specially-abled children's school for celebrating Jadadhatri puja, showed that the "puja committee thinks they are bigger than the deity itself."A division bench of CJ TS Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:There is a school for specially-abled children. Your...

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher (“petitioner”) who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service.The bench of Justice Farjand Ali...

Employee's Request For Reinstatement After Acquittal Can't Be Rejected Without Re-Examining Material Forming Basis Of Termination: Patna HC

While quashing the health department's order terminating the services of a man, the Patna High Court reiterated that natural justice principles require that an individual must be given the opportunity to respond to any adverse evidence before such punitive actions are taken against them. In doing so the high court observed that the respondent-Department should have re-examined the...

Reviewing Officer Comments Contrary To Entries In ACR, Delhi High Court Directs Reassessment Of Grades

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of a Single Judge Bench wherein a Petition seeking to change the Appellant's Grade from '3' to '1' was dismissed. The Court directed the Respondents to reassess the overall performance of the Appellant in accordance with law considering the entries which...

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates

The Patna High Court has made it clear that while determining compensation for land acquisition, mere statement of exemplar sale is not sufficient without examining the vendors or vendees involved.Justice Nawneet Kumar, presiding over the case, observed, “It is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement (Ext.C) of another...

Registration, Renewal And Welfare Schemes For Construction Workers Cannot Be Suspended Citing Election Code: Bombay High Court

The Bombay High Court on Thursday (November 7) while quashing the order of the Maharashtra Building and Other Construction Workers' Welfare Board (MBOCWWB), by which it stopped the fresh registration, renewal of registrations, distribution of benefits such as protective gears, essential gears, household utility sets, grant of fresh approvals under the housing scheme and publicity work of...

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother

The Gujarat High Court has rejected a plea filed by a Pakistani man seeking custody of his 4-year-old son, who allegedly was brought to India by his mother.In its judgement, a division bench comprising Justices Sangeeta K Vishen and Sanjeev J Thaker observed, “The minor Azlaan aged 4 years, is in the custody of his mother and hence, it is difficult to believe that the welfare and the...

Bombay High Court Calls For Strict Action Against Developers Constructing Illegal Buildings; Denies Anticipatory Bail To Developer

Calling for a 'stringent action' against developers proceeding with construction projects without mandatory approvals, which leads to frauds, the Bombay High Court recently denied anticipatory bail to a developer booked for usurping a man's ancestral property and constructing an illegal building over it and further selling flats to individual purchasers by forging...

Award Must Not Be Set Aside On Ground Of Mere Erroneous Application Of Law Unless Patent Illegality Is Established U/S 34: Madras HC

The Madras High Court bench of Justices M.Sundar And K.Govindarajan Thilakavadi affirmed that the scope of interference under Section 34 of the Arbitration Act is limited and within the contours of the ground specified under Section 34 of the Act. To put it otherwise, the award is not required to be set aside on the ground of mere erroneous application of law or by reappreciation...