Bombay High Court Directs Son, Daughter-In-Law To Vacate Their 88-Yr-Old Mother's Flat, Pay Monthly Maintenance

The Bombay High Court recently upheld an order of the Senior Citizens Welfare Tribunal (tribunal) directing a man to pay monthly maintenance as well as handover a flat to his 88-year-old mother. The court, in a writ petition challenging the tribunal's order, held that the petitioners had no legal right to the flat and they cannot evict the mother to take exclusive advantage of...

Madras High Court Weekly Round-Up: October 24 to October 30, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 441 To 2022 LiveLaw (Mad) 447 NOMINAL INDEX Sahil Raj v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 441 M/s ES Mydeen and Co. v. The Designated Officer and others, 2022 LiveLaw (Mad) 442 All India Anna Dravida Munnetra Kazhagam v The...

Kerala High Court Weekly Round-Up: October 24 To October 30, 2022

Nominal Index [Citation 2022 LiveLaw(Ker) 537-554]Self Financing Arts & Science College Managements Welfare Association (KSMA) v. State of Kerala & Ors and Sharaf Arts and Science College Committee v. State of Kerala & Ors. 2022 LiveLaw (Ker) 537 Dr. R. Prakash v. State of Kerala & Ors. 2022 LiveLaw (Ker) 538 Dhanlaxmi Bank Ltd v. K.N. Madhusoodanan & Ors. and Dhanlaxmi...

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple (boyfriend and girlfriend).The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused and...

Tax Cases Weekly Round-Up: 23 October To 29 October, 2022

Delhi High Court Dividends Received By IFFCO From OMIFCO Oman Can't Be Disallowed Under Income Tax Act: Delhi High Court Case Title: PCIT Versus IFFCO LTD The Delhi High Court has held that the dividends received by Indian Farmers Fertiliser Cooperative (IFFCO) from Oman India Fertiliser Company S.A.O.C (OMIFCO) Oman cannot be disallowed under the Income Tax Act. Bombay...

Arbitration Cases Weekly Round-Up: 23 To 29 October, 2022

Bombay High Court: Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court Case Title: Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent...

The Court Can Conduct A Preliminary Inquiry Under Section 45 Of The A&C Act To Decide The Issue Of Non-Arbitrability: Delhi High Court

The High Court of Delhi has held that while exercising powers under Section 45 of the A&C Act, the Court can conduct a preliminary inquiry to decide whether the dispute in question is arbitrable or not and to decide whether it falls within the scope of the agreement. The bench of Justice Amit Bansal held that a dispute falling within the 'excepted matters' cannot be referred...

Weight Of Arbitration Award (Delivery) Cannot Be Just 55 Grams: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an arbitration award would weight more than 55 grams and a consignment weighing 55 grams cannot be deemed to be a valid delivery of award. The bench of Justice R. Raghunandan Rao also held that an arbitral award passed in violation of Section 7 and 11 of the A&C Act would be a nullity. It held that in absence of an arbitration...

Karnataka High Court Weekly Round-Up: October 24 To October 30, 2022

Nominal Index: MRS. JAYA ELIZABETH MATHEW & ANR v. INSURANCE OMBUDSMAN FOR THE STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 423 M. GOPAL v. GANGA REDDY. 2022 LiveLaw (Kar) 424 DR. SWATHI K.S & ANR v. THE STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 425 HRISHIKESH DEVDIKAR v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 426 OM PRATAP SINGH v. THE STATION...

Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance U/S 125 CrPC As Arrears Of Land Revenue: Allahabad High Court

The Allahabad High Court has held that the Magistrate has the power to enforce an order of maintenance passed under Section 125 Cr.P.C. by issuing a warrant to the Collector to recover the same as arrears of land revenue.The bench of Justice J. J. Munir clarified that if read conjointly, Section 125(3) and Section 421 give power to the Magistrate to issue a warrant to the Collector for...

'He Was Kind Enough To Leave Rape Victim Alive' Remark Was Inadvertent Mistake: Madhya Pradesh High Court, Modifies Judgment After Criticism

A week after Madhya Pradesh High Court came under criticism for saying that the rape convict was "kind enough to leave the prosecutrix alive" in the order reducing his life imprisonment to rigorous imprisonment of 20 years, the division bench headed by Justice Subodh Abhyankar has modified the judgment dated October 18.Taking suo motu cognisance of the issue, the court in the order dated...

Telangana Govt Withdraws 'General Consent' Granted To CBI To Investigate Cases In The State

The Government of Telangana has withdrawn the 'general consent' granted to the CBI [under the Delhi Special Police Establishment Act] to investigate cases in the state. This means that the CBI will now have to take permission from the State government to investigate cases in the state on a case-to-case basis.With this, Telangana has become the ninth state to withdraw the general consent to...