Allahabad High Court Seeks Details Of UP Govt's Policy To Send Children Of Jail Inmates To Regular Schools

The Allahabad High Court has directed the State Government to submit a detailed affidavit concerning its policy for enrolling children of jail inmates (who live with their parents in prison) in regular schools across the state. A bench of Justice Ajay Bhanot passed this order while dealing with a bail plea filed by one Rekha. During the case hearing, the Court noted that...

Allahabad HC Stays UP Govt's Order Recalling Buddhist Religion Certificate Of MBBS Student, Leading To Her Admission Cancellation

The Allahabad High Court has stayed an order issued by the Uttar Pradesh Government's Minority Welfare Department recalling/cancelling a student's Buddhist religion certificate, which ultimately led to the cancellation of her MBBS admission to Subharti University, Meerut. The UP Government cancelled Petitioner Anjali's religion certificate in August this year, citing...

Fundamental Right Of Privacy Includes Spousal Privacy, Law Cannot Permit Snooping By Spouses: Madras High Court

The Madras High Court has observed that the fundamental right of privacy includes spousal privacy. The court noted that the law could not permit or encourage snooping by one spouse on another. The court thus observed that the evidence that was obtained by invading the privacy of the partner was inadmissible in the court. “Law cannot proceed on the premise that marital misconduct is...

Teachers' Absenteeism In Primary Schools 'Bane' Of UP's Education System: Allahabad High Court

The Allahabad High Court recently observed that teacher absenteeism in primary schools is the bane of the state's educational system, and it must be curbed by taking appropriate measures in accordance with the law. The Court also sought an affidavit from the Principal Secretary of the State Department of Basic Education explaining the steps taken by the UP Government in the past in...

Motor Accident Claims Must Be Backed By Evidence, Vehicles Not Involved In Accident Cannot Be Asked To Pay Compensation: Gauhati High Court

The Gauhati High Court on Monday set aside the judgment and award passed by Motor Accident Claims Tribunal, Darrang, by which it has directed the 23rd Battalion of Sashastra Seema Bal (SSB) to pay a compensation to the tune of Rs. 14,57,732/- to the claimant, on the ground that it was not proved before the Tribunal that a vehicle belonging to 23rd Battalion of SSB was involved in the...

Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides the claims on merits. Whether termination of the agreement was valid or not is not be decided by the court at section 9 stage. Primacy to agreement between the parties has to be...

Complaint Case Pending For 7 Yrs: To Curb 'Tareekh Pe Tareekh' Culture, Allahabad HC Directs Magistrate To Pass Order In 1 Week

The Allahabad High Court recently directed a magistrate to pass an appropriate order under Sections 203 or 204 CrPC (as the case may be) in a complaint case pending before a Court in Ballia for the last 7 years. A bench of Justice Saurabh Shyam Shamshery observed that such a direction was being given to the magistrate concerned to secure the ends of justice and to curb the...

Enforcement Court U/S 48 Of Arbitration Act Can Refuse To Enforce Foreign Award But Cannot Set It Aside: Delhi High Court

The Delhi High Court Bench of Mr. Justice Jasmeet Singh affirmed that the power to set aside a foreign award lies only with the courts at the seat of the arbitration, which exercise primary/supervisory jurisdiction over the matter. Even if grounds under Section 48 of the Arbitration Act can be made out, the Court being the enforcement court and having only secondary jurisdiction over the...

Calcutta High Court Seeks Report From Top Police Officials On Allegations Of Violence During Durga Puja Celebrations

The Calcutta High Court vacation bench of Justices Md Shabbar Rashidi and Hiranmay Bhattacharya has called for a report from the Commissioner of Police, Kolkata, over allegations of violence which took place during Durga and Laxmi puja celebrations in the State.It was claimed by the petitioner that during the Durga Puja and Lakshmi Puja celebrations in the State of West Bengal which were...

Karnataka HC Quashes Criminal Case Against Pilot Under Aircraft Act After Plane Flown By Him Toppled During Take Off

The Karnataka High Court has said that an offence under Section 11 of the Aircraft Act is not maintainable unless a complaint is filed with prior sanction to prosecute from the competent authority.A single judge bench of Justice M Nagaprasanna held thus and allowed the petition filed by a pilot Akash Jaiswal against and quashed the proceedings initiated against him under Section 11A. As per...

Cheque Bounce Cases Semi Criminal/Civil In Nature, Presence Of Accused In Hearing Not To Be Insisted Upon: Rajasthan High Court

The Jodhpur bench of the Rajasthan High Court has recently ruled that presence of accused particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded.A single judge bench of Justice Arun Monga was hearing a quashing plea of a man booked...

GST Rate On Bricks With Less Than 90% Fly Ash Content To Be Charged At 5% Instead Of 18%: Gujarat High Court Clarifies

The Gujarat High Court on 25th September (Wednesday) held/clarified the Goods and Services Tax (GST) applicable to fly ash bricks and blocks with less than 90% fly ash content. The court ruled that the products qualify for the lower GST rate of 5%, than 18% GST rate on products not meeting the 90% fly ash threshold and quashed and aside the orders of the Advance Ruling Authority and...