Challenge Under Section 17 Of The SARFAESI Act Against Action Taken By Secured Creditor, Would Not Bar Arbitration Proceedings: Delhi High Court

The Delhi High Court has reiterated that arbitration proceedings and proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (SARFAESI Act) can go hand in hand. The single bench of Justice V. Kameswar Rao held that even if a party intended to take action under Section 17 of the SARFAESI Act by filing a petition...

Tender Inviting Authority Can Modify Terms Before Opening Of Technical Bid, But All Tenderers Must Be Intimated: Karnataka HC

The Karnataka High Court has said that a Tender Inviting Authority can change, modify or amend the tender document before opening of the technical bid. The only rider is that the information should be given to all the tenderers. A single judge bench of Justice M Nagaprasanna said, "In terms of Rule 14 (of the Karnataka Transparency in Public Procurements, Rules, 2000) before opening...

Adani Vizhinjam Port | Kerala High Court Says Police Not Powerless; Protestors Agree To Allow Entry Of Heavy Vehicles At Project Site

The Kerala High Court on Tuesday said that protestors in Vizhinjam need to comply with its orders for unhindered ingress and egress to Adani Project site. Justice Anu Sivaraman said:"There is the authorization by this court to see that ingress and egress is provided. It is not as if the police or Central forces are powerless. It is only to see that there is no law and order situation, and...

'Neurostimulator Neither Treatment Nor Cure': Kerala High Court Declares Teenager With 40% Disability Eligible For PwD Quota In KEAM Courses

Ruling that neurostimulator is neither a treatment nor a cure, the Kerala High Court on Monday declared a 19-year-old, who suffers from primary generalised dystonia — a movement disorder that causes the muscles to contract involuntarily, eligible to be included in the 5% quota for admission of persons with disabilities in KEAM-2022 exam. "Consequently, the Commissioner for Entrance...

Bombay HC CJ Dipankar Datta Recuses From Hearing PIL For CBI/ ED Probe Into Ex-Maha CM Uddhav Thackeray's Wealth

Bombay High Court Chief Justice Dipankar Datta on Tuesday recused from hearing a PIL seeking a CBI and ED investigation into the alleged "disproportionate" wealth of Maharashtra's ex-CM Uddhav Thackeray, his wife and two sons.Not before the bench of which Chief Justice Dipankar Datta is a member, the CJ said.Before recusing from the matter CJ Datta had asked the petitioner if she wanted a...

MP High Court Refuses Bail To POCSO Accused, Says He Can't Seek Benefit Merely Because Victim's Religion Permits Marriage After Puberty

The Madhya Pradesh High Court recently denied relief to an accused under the POCSO Act who sought the concession of bail on the ground that the victim was a Muslim girl, who, though minor, had attained the age of puberty and the consent given by her is valid in law.A single bench of Justice Sanjay Dwivedi noted that Muslim personal law permits minor Muslim girls to marry after they hit...

Even If Penetration Was Very Slight The Act Would Constitute Rape: Allahabad High Court

The Allahabad High Court has observed that even if the penetration was very slight and was not into the vagina, the same will bring the act within the definition of rape. The bench of Justice Jyotsna Sharma further observed that in rape cases, the extent of penetration is immaterial and that the perineum is part of the private parts, which sheathes the urethra.The case in briefAn FIR was...

Vogue Readers Know It Doesn't Run Any Institute, Confusion Unlikely: Karnataka High Court, Allows Vogue Institute Of Management To Retain Name

The Karnataka High Court has set aside an order passed by the Civil court in Bengaluru restraining Vogue Institute Of Management from using the trademark 'VOGUE' as a part of their name and trading style by way of permanent injunction. Justice M I Arun while allowing the appeal filed by the institute said, "The trial court ... has applied the test i.e., applicable to a common man...

Madras High Court Keeps In Abeyance Single Judge Order Terminating 254 Assistant Professors In Pachaiyappa Colleges

A division bench of the Madras High Court on Tuesday kept in abeyance a single judge's recent order terminating appointment of 254 Assistant Professors in the colleges maintained by the Pachaiyappa Trust.The bench of Justice Paresh Upadhyay and Justice Bharatha Chakravarthy observed that the order of the single judge was unsustainable and to be kept in abeyance till the final hearing of...

Madras HC Asks State To Approach SC For Clarification On 50% Reservation For In-Service Candidates In Super Speciality Courses

The Madras High Court has asked the State Government to seek a clarification from the Supreme Court regarding the applicability of the Tamil Nadu government notification earmarking 50% of seats in the Government medical colleges to in-service candidates for the academic year 2022-23. Justice R Suresh Kumar said:"It is open to the State Government as well as the petitioner herein to approach...

Mere Delay In FIR Doesn't Entitle Accused To Bail: HP High Court Rejects Plea By Hospital Employees Accused Of Raping 13-Yr-Old House Help

The Himachal Pradesh High Court recently denied bail to two persons accused of raping their employer's 13 years old domestic helper. The single bench of Justice Satyen Vaidya said that the offence alleged is of serious and grave nature and mere delay in lodging the FIR will not help the petitioners in their prayer for bail.The petitioners, one aged 29 years and another 36 years, were...

Income Tax Assessment made by a non-jurisdictional officer is void: Kolkata ITAT

The Kolkata Income Tax Appellate Tribunal (ITAT) has held that the income tax assessment made by a non-jurisdictional officer is null and void.The two-member bench of Sonjoy Sarma (Judicial Member) and Rajesh Kumar (Accountant Member) has observed that in the case of a non-corporate assessee in non-metro cities, the ITR filed up to Rs. 15 lacs has to be assessed by ITO. Therefore, the...