Madhya Pradesh High Court Seeks Centre, State's Stand In PIL Against Rising Traffic Congestions, Noise Pollution

The Jabalpur bench of the Madhya Pradesh High Court on Wednesday (October 23) sought the stand of the Centre and State in a public interest litigation petition pertaining to noise pollution and Traffic congestion, particularly in the city. A division bench of Justice Sanjiv Sachdeva and Justice Vinay Saraf directed the respondents including Union of India, the State of Madhya Pradesh, and the...

Rajasthan High Court Seeks BCI's Response On Plea Challenging Its Power To Extend Term Of State Bar Council Members Beyond Statutory Period

Rajasthan High Court sought reply from the Bar Council of India (“BCI”) in a petition challenging the amendment to Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rule, 2015 (“the Rules”) and thereby empowering itself to extend the term of elected members of State Bar Councils prescribed under Section 8 of the Advocates Act, 1961 (“the...

Benefit Of SC Judgment On Extension Of Limitation During COVID-19 Can't Be Granted On Mere Asking, Especially When Party Is In Default: Allahabad HC

The Allahabad High Court has held that the benefit of extension of limitation during COVID-19, as per In Re Cognizance for Extension of Limitation, cannot be granted to a party merely for the asking, especially when there is default on the part of the party seeking such extension. While dismissing Bharat Sanchar Nigam Ltd.'s appeals under Section 37 of the Arbitration and Conciliation Act,...

'Game Rule Can't Be Changed After Its Commencement': Chhattisgarh HC Quashes State's NRI Quota Notice Affecting MBBS Admissions

In a major relief to the students who appeared for NEET (UG) 2024 and secured admission to the medical colleges in the state of Chhattisgarh under the NRI quota, the Chhattisgarh High Court has set aside an order of the State Medical Education Department adversely affecting the admissions of such students (under the NRI quota) who are already taking classes. A bench of...

S.47 CPC | Co-owner Cannot Object To Execution Merely Because He Wasn't Made Party To Eviction Suit By Landlord: Jharkhand HC

The Jharkhand High Court has ruled that a co-owner of a property cannot object to the execution of a decree simply because they were not included as a party in the eviction suit initiated by one of the co-owners. This decision underscores the limitations of a co-owner's rights in such proceedings.The Court clarified that such an objection under Section 47 of the Civil Procedure Code (CPC) is...

CWC's Order Cannot Be Based On Personal Moral Values, Must Protect Child's Interests: Kerala HC Gives Custody Of Infant To Breastfeeding Mother

The Kerala High Court quashed an order of Child Welfare Committee (CWC) giving the custody of a one-year child to the father observing that the Committee did not even consider that the child was being breastfed by the mother. Justice V. G. Arun gave the custody of the child to the mother.The CWC had awarded custody to the father after observing that the mother had chosen to stay with a man...

Administrative Error In Pay Fixation Cannot Lead To Post-Retirement Recovery With Interest: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Sushrut Arvind Dharmadhikari quashed a recovery order seeking excess payments with interest from a retired Subedar. The Court held that recovery of excess payments from retired government employees, particularly when there is no misrepresentation or fraud, is impermissible after four years of retirement under Rule 9(4) of M.P....

GST Order Cannot Be Challenged Citing No Personal Hearing If Hearing Not Requested After Receipt Of SCN: MP High Court Dismisses Plea

The Madhya Pradesh High Court at its Indore bench, dismissed a writ petition which was filed by Future Consumer Limited, challenging an order passed by the Deputy Commissioner of State Tax under Section 73 of GST Act. The petitioner stated that they were denied the right to personal hearing under Section 75(4) of the Act. The division bench comprising of Justice Vivek Rusia and Justice...

Reduction Of Awarded Interest Under Section 34 Of Arbitration Act Is Impermissible: Delhi High Court

The Delhi High Court Bench of Justice Jasmeet Singh held that the arbitral tribunal has the discretion to grant pre-award interest and/or post-award interest, on either whole or part of the principal amount. In proceedings under section 34 of Arbitration and Conciliation Act, 1996, it is impermissible to reduce interest awarded since the same amounts to modification of the...

Failure To Place "Information" Of Contempt In Judge's Papers Or With Notice Issued To Contemnor Is An "Incurable Defect": Kerala High Court

The Kerala High Court has made it clear that in case of contempt of court, rules prescribed by the High Court should be strictly followed and any deviation therefrom is fatal to the proceedings.The Division Bench comprising Justice Devan Ramachandran and Justice M. B. Snehalatha noted that once the defect is noticed in the proceedings, any attempt to continue with it can be viewed as one...

Legal Aid Clinics In All Jails, Mental Well-Being Of Inmates: Gujarat State Legal Services Authority Implements SoP For Prison Reforms

Gujarat High Court Chief Justice and Patron-in-Chief of the State Legal Services Authority (GSLSA) Justice Sunita Agarwal has developed an exhaustive Standard Operating Procedure (SOP) titled "Prison Reforms" which aims to enhance legal services for jail inmates who have been incarcerated for extended periods.The launch of this initiative was emphasised during the release of a compiled book...

Tribunal Is Master Of Evidence, Findings Cannot Be Scrutinised U/S 37 Of Arbitration Act As If Court Sitting In Appeal: Delhi HC

The Delhi High Court Bench of Justices Tara Vitasta Ganju And Vibhu Bakhru held that the Arbitral Tribunal is the master of evidence and a finding of fact arrived at by an arbitrator is on an appreciation of the evidence on record, and is not to be scrutinized under section 37 of Arbitration Act as if the Court was sitting in appeal. Brief Facts Pec Limited (Appellant) issued a...