All High Courts
Plea On Missing Girls, Women In Maharashtra: High Court Directs State To File Affidavit On Measures Taken To Curb Such Instances
A Public Interest Litigation (PIL) has been filed in the Bombay High Court concerning the issue of missing girls and women in the State of Maharashtra.The PIL raised concerns over the alarming number of missing girls and women in Maharashtra and alleged inaction on part of the State authorities to trace the missing people. The petitioner relied on the information provided in Lok Sabha by...
Delhi High Court Issues Notice On Plea Against Appointment Of Union Bank Executive Director Over Sexual Harassment Allegations
The Delhi High Court on Thursday issued notice on a public interest litigation (PIL) against the appointment of Pankaj Dwivedi as the Executive Director of Union Bank of India over sexual harassment allegations by a woman. Dwivedi was appointed as the Executive Director of Union Bank of India on March 27. The appointment is for a tenure of three years. A division bench comprising of Acting...
Kerala HC Directs State To Place Entire Justice Hema Committee Report Before It In Sealed Cover, Suo Moto Impleads Women's Commission
The Kerala High Court has directed the State Government to make available the entire Justice Hema Committee Report, including the redacted portions before the Court in a sealed cover. The Court also suo moto impleaded the Kerala State Women's Commission.The Court passed the above order while considering a Public Interest Litigation seeking to initiate criminal proceedings against offenders...
Section 29A Time Limit Does Not Apply To Arbitral Proceedings Commenced Before 2015 Amendment: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that time limit under Section 29A of the Arbitration and Conciliation Act is not applicable to arbitral proceedings “commenced” as per Section 21 prior to 2015 amendment. The bench held the “commencement” of proceedings is the relevant yardstick for determining applicability of the Section 29A after 2015 amendment...
Delhi High Court Refers Employment Agreement Dispute Between BharatPe, Ashneer Grover To Arbitration
The Delhi High Court on Thursday referred to arbitration the dispute between former Managing Director of BharatPe, Ashneer Grover, and the fintech company concerning an employment agreement entered between them in August 2021. Justice C Hari Shankar passed the order for the appointment of a sole arbitrator to resolve the dispute. The order was passed in a plea filed by BharatPe seeking...
S.23 Senior Citizens Act | Karnataka HC Allows Mother To Void Gift Deed Transferring Property To Son After He Refuses To Assist Parents In Old Age
The Karnataka High Court has said that when parents transfer property by way of gift, a reasonable expectation that their offspring would take care of their requirements in their old age can imputed from the pleadings made in the application filed under Section 23 of the Maintenance And Welfare Of Parents And Senior Citizens Act, even if not so mentioned in the gift deed.Section 23 pertains...
For Offences Relating To Marriage, Magistrate Can Only Take Cognizance On A Complaint By The Aggrieved Person: Kerala High Court
The Kerala High Court has recently held that for offences relating to marriage under the Indian Penal Code (IPC), the Magistrate if he intends to take cognizance, can do so only on the original complaint of the aggrieved person even if the police had filed a final report.For context under Section 198, Code of Criminal Procedure (CrPC), a Court can take cognizance of an offence under IPC...
Failure To Comply Provision Of Sec 75(4) Of CGST Act 2017 Vitiates Entire Order: Calcutta High Court
The Calcutta High Court held that failure to comply with statutory provision which mandates consideration of explanation on the part of assessee before passing adverse order, vitiates such order. The High Court held so while considering that the petitioner was prevented from filing his response to the show cause notice, due to a reasonable cause. Referring to Section 75(4) of...
Kerala HC Calls For Forest Officials' Report On Measures To Ensure National Parks, Wildlife Sanctuaries And Tiger Reserves Are Plastic-Free
The Kerala High Court has sought a detailed report from the forest officials regarding the requirement to ban the use of plastic in forests, national parks, wildlife sanctuaries and tiger reserves in the State. The report should also contain measures which can be taken to ensure that these areas remain non-plastic zones to protect the flora and fauna.A Division Bench of Justice A....
Court Has Power To Grant Anti-Enforcement Injunction Against Proceedings In Foreign Court Which Threaten Arbitral Process Initiated In India: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that when proceedings in a foreign court, or a decree issued by a foreign court, threaten the arbitral process that may be initiated in India, the court has the authority under Section 9 of the Arbitration Act to restrain the party from continuing with the foreign proceedings or enforcing the...
"Act-Only Insurance" Of Private Vehicle Only Covers Third-Party, Not Occupants: Rajasthan HC Sets Aside 'Recover & Pay' Order Against HDFC Ergo
Rajasthan High Court has affirmed that in the case of a private vehicle insured against the “Act only Policy”, the insurance company is not liable to compensate the occupants of the vehicle since they are not considered to be the “third parties” as required under the Motor Vehicles Act, 1988 (“Act”). The Court said:“The position of law as it stands at present is that in case of...
"Unscrupulous Litigant": Gujarat High Court Dismisses PIL Kept Pending Without Removing Defects For 4 Yrs, Imposes 50K Cost
While dismissing a public interest litigation petition (PIL) pertaining to “illegal mining”, the Gujarat High Court on Wednesday imposed a cost of Rs 50,000 on the petitioner for failing to pursue the matter seriously, after noting that the petition was kept pending in the court's registry without removal of defects for nearly four years. A division bench of Chief Justice Sunita Agarwal...