Bombay High Court Likely To Get Land For New Building At Bandra Soon, All Legal Hurdles Cleared: Chief Minister Eknath Shinde

Maharashtra Chief Minister Eknath Shinde on Saturday said that all legal issues have been cleared and a decision has been taken for a new building for the Bombay High Court at the Bandra Kurla Complex."We have discussed the land allotment issue at BKC, which I think is a requirement as well. Therefore, we have taken a decision based on whatever was sought. That's all that I can say on...

Madras High Court Monthly Digest: October 2022 [Citations 419 - 447]

Citations: 2022 LiveLaw (Mad) 419 To 2022 LiveLaw (Mad) 447 NOMINAL INDEX P Senthil v. State, 2022 LiveLaw (Mad) 419 Kaladi v. District Collector and others, 2022 LiveLaw (Mad) 420 K Seeni Thevar v. The Joint Commissioner and others, 2022 LiveLaw (Mad) 421 M/s. Macro Marvel Projects Ltd. versus J. Vengatesh & Ors., 2022 LiveLaw (Mad) 422 SEEMAN and others...

J&K&L High Court Deprecates Passing Of Status Quo Orders In Property Disputes Without Tentatively Determining Party In Possession

The Jammu and Kashmir and Ladakh High Court on Friday deprecated the practice of trial courts passing status quo orders in property suits in a routine manner, without specifying as to which of the parties to the dispute is in possession of the suit property. Justice Sanjay Dhar held that while passing an interim order directing the parties to maintain status quo, the trial courts...

'Basic Wages' For EPF Contribution Includes 'Interim Wages' Paid As Per Wage Board Direction: Kerala High Court

The Kerala High Court on Wednesday said that 20% wages that had been paid to workers by the employer as 'interim relief' at the direction of government constituted Wage Board would come within the ambit of 'basic wages' for contributions under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Justice P.V. Kunhikrishnan said that such 'interim relief' would not fall within...

[POCSO Act] Unilateral Bail Cancellation Without Hearing Accused Not Legal: Kerala High Court

The Kerala High Court on Wednesday reiterated that while hearing an application for cancellation of bail, even of an accused booked under the POCSO Act, an opportunity of hearing must be accorded to the accused.It condemned the action of a local Fast Track Court which cancelled the bail of the Petitioner herein, an accused under Sections 354A(I)(i) IPC and Sections 9 and 10 of the Protection...

Plaintiff Must Demonstrate Need For 'Urgent Interim Relief' To Avoid Pre-Litigation Mediation U/S 12A Commercial Courts Act: Calcutta High Court

The Calcutta High Court on Thursday in deciding an interlocutory application seeking leave to file a commercial suit without exhausting the remedy of mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 reaffirmed the position of law that the statutory scheme of Section 12A contemplates the prerequisite requirement of exhausting the remedy of...

Minor's Domestic Violence Application Cannot Be Dismissed On Maintainability After Her Attaining Majority: Calcutta High Court

In an important decision, the Calcutta High Court has made it clear that a domestic violence application filed by a minor under Section 12 of the Protection of Women from Domestic Violence Act, 2005, cannot be dismissed on the ground of maintainability, after she has attained majority.While it found that the application filed by a minor, not represented by her natural guardians or next friend,...

"I Was Very Upset About It": Law Minister Kiren Rijiju Criticises Supreme Court's Order Keeping In Abeyance The Sedition Law

Speaking at the India Today conclave in Mumbai, the Union Law Minister Kiren Rijiju on Friday said that he was 'upset' about the fact that the Supreme Court decided to 'strike down' the Sedition Law earlier this year despite the fact that Government had informed the Court that it was thinking to make changes to the Law.#SeditionLaw"We told the #SupremeCourt that the government is thinking...

"Collegium System Is Opaque & Unaccountable; Judges & Lawyers Also Think So": Union Law Minister Kiren Rijiju

Continuing to voice his opinion regarding the Collegium System on public forums, the Union Law Minister on Friday once again said that the System is opaque and the majority of the Judges also believe so.However, he did add that he has to work with this system despite not being satisfied with it till the Government comes out with an alternative mechanism. Law Minister Rijiju was speaking at...

Accused Can Claim Interim Custody Of Cattle Seized Under Prevention Of Animal Cruelty Act: Gauhati High Court

The Gauhati High Court has reiterated that an accused person can be handed over the interim custody of cattle seized consequent to an alleged offence under the Prevention of Cruelty to Animals Act, 1960 ('PCA Act').Single bench of Justice Robin Phukan found it worthwhile to reproduce the following observations of the Supreme Court in Manager, Pinjrapole Deudar & vs. Chakram Moraji Nat...

Sale Of Scrap By Trader, Not Engaged In Any Manufacturing Activity, Will Also Attract TCS: ITAT

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that sale of scrap by a trader, who is not engaged in any manufacturing activity from which the scrap arose, will also attract TCS. The Bench of Judicial Member Suchitra Kamble, after referring to the Circular No. 18, dated 21.05.2012, issued by the CBDT, held that for the applicability of TCS on sale of scrap,...

Arbitration, Invoked Without Authority, The Defect Can't Be Ratified With Fresh Board Resolution: Bombay High Court

The Bombay High Court has ruled that the issue whether the arbitration was invoked and the Statement of Claim was filed, by a person duly authorized by the claimant, goes to the root of the matter, with respect to which the arbitral tribunal may make a final arbitral award. Thus, the Court held that the order passed by the arbitral tribunal, granting a choice to the claimant to prove...