Sound Logic Predicated In Waiting Lists, Save Public Exchequer From Incurring Unnecessary Expense For Post Already Advertised: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that there is a sound logic predicated in the interest of the candidates figuring in the waiting list and the intention behind is not to hold further selection for the post already advertised and to save the public exchequer from the unnecessary expenditure. The observations were made by Justice Moksha Kazmi Khajuria...

'Not Manifestly Arbitrary': Delhi High Court Upholds Constitutional Validity Of Chapter II Of SARFAESI Act

The Delhi High Court has upheld the constitutional validity of Chapter II of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 observing that it is not manifestly arbitrary and is not in violation of Article 14 of the Constitution of India.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramoniuam Prasad passed...

[Gyanvapi] Varanasi Court's Order In Favour Of Mantainibility Of Hindu Worshippers' Suit Challenged In Allahabad High Court

The Anjuman Islamia Masjid Committee (which manages the Gyanvapi mosque) has moved the Allahabad High Court challenging a Varanasi Court order dismissing its Order 7 Rule 11 CPC plea that was filed against the maintainability of Hindu Worshippers' suit. It may be noted that the Varanasi Court last month dismissed the Anjuman committee's plea (filed under Order 7 Rule 11 CPC) challenging...

Justice Prasanna Varale Takes Oath as Chief Justice of Karnataka High Court

The Governor of Karnataka, Thawar Chand Gehlot on Saturday administered the oath of office to Justice Prasanna B. Varale as the Chief Justice of Karnataka High Court. The Collegium had recommended Justice Varale's elevation on September 28. Following which on October 11, the Department of Justice of Ministry of Law and Justice notified his appointment. About Justice...

National Commission For Scheduled Castes Cannot Initiate Enquiry On Specious Complaint, Unsubstantiated Allegations: Delhi High Court

The Delhi High Court has observed that National Commission For Scheduled Castes cannot initiate an enquiry under Article 338 of the Constitution of India based on a specious complaint and unsubstantiated allegations.Justice Yashwant Varma said the Commission is empowered to initiate an enquiry only when a member of a Scheduled Caste (SC) is able to establish prima facie that he had...

Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court

The High Court of Delhi has held that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resolution mechanism fails. The bench of Justices Vibhu Bakhru and Amit Mahajan held that if the agreement between the parties provides for a pre-arbitration dispute resolution mechanism, a party cannot be expected to invoke...

Relief For Saif Ali Khan: Maharashtra RERA Directs Developer To Hand Over Two Properties With Interest For Delayed Possession

The Maharashtra Real Estate Regulatory Authority (MahaRERA) in Mumbai directed Orbit Enterprises to hand over possession of two units at BKC, Mumbai, to actor Saif Ali Khan along with interest for four years, till 2021, under Section 18 of RERA Act. Member Mahesh Pathak of RERA also directed Khan to pay the final instalment of the two units worth Rs. 14,43,81,800 and...

[Honour Killing With Hammer] Bombay HC Says Father Wanted To Teach Daughter's Young Lover A Lesson, No Intention To Kill, Sets Aside Life Sentence

The Bombay High Court set aside the life sentence awarded to a carpenter and his son in an honour killing case and instead held them guilty of culpable homicide not amounting to murder. It observed that the duo just wanted to "teach the victim a lesson" for continuing the relationship with the girl. The bench held the duo's actions of first accosting, assaulting, then overpowering...

Punjab & Haryana High Court Monthly Digest: September 2022

Nominal Index [Citations 240 - 257] Sukhpal Singh Khaira v. State of Punjab and Another 2022 LiveLaw (PH) 240 Raman Kumar v. State of Haryana and Another 2022 LiveLaw (PH) 241 Chaman Lal Chimnu v. State of Haryana 2022 LiveLaw (PH) 242 Gurjit Singh v. Kartar Singh and Another 2022 LiveLaw (PH) 243 Anil Taneja versus State of Haryana and others 2022 LiveLaw (PH)...

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court

The Delhi High Court has observed that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summons, will commence from the date when the suit along with the documents is provided to the defendant. Justice C Hari Shankar said the service of summons in a suit has to be a meaningful service for it to constitute a starting point for the...

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old

More than 7 years after he was released on probation — even though he had spent just nine months in jail, the Delhi High Court has sentenced the man to five years rigorous imprisonment for sexually assaulting a four-year-old minor victim.The man was convicted for the offences under Section 363 (Punishment for kidnapping) of Indian Penal Code, 1860 and Section 10 (Punishment for...

'Unexplained Delay Of 10 Years In Corruption Probe, Chargesheet Still Awaiting Sanction': Delhi HC Quashes FIRs Against Senior Doctor

The Delhi High Court has quashed the three FIRs that were registered by Anti Corruption Branch against a senior doctor in 2012 and 2013, observing that there was an unexplained delay of 10 years in completing investigation and that chargesheet was still awaiting sanction from the appropriate authority. The FIRs were under various provisions of Prevention of Corruption Act, 1988 and Indian...