News Updates
Court Can't Appoint Arbitrator Where Parties Fail To Raise Dispute In Time Or Avoid In-House Dispute Resolution Mechanism: Chhattisgarh HC
The Chhattisgarh High Court recently, while dealing with a matter pertaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, held that court can't entertain application for appointment of arbitrator where parties fail to raise dispute in time or avoid in-house dispute resolution mechanism.The observation was made by Justice Arup Kumar Goswami:"A perusal of...
Rajasthan HC Prohibits Reduction Of Area of Tal Chappar Sanctuary, Issues Slew Of Directions
The division bench of Rajasthan High Court comprising Justice Sandeep Mehta and Justice Kuldeep Mathur has recently prohibited any edeavour to reduce the area of the Tal Chappar Sanctuary.Essentially, the instant suo moto PIL writ petition came to be registered based on a news report indicating that the State Government was proposing to reduce the Eco-Sensitive Zone of the Tal Chappar...
Formation Of ICC By Govt Dept Cannot Be Challenged Under Article 226 Of Constitution : Madras High Court
While dismissing a challenge against the formation of an Internal Complaints Committee, the Madras High Court observed that the formation of the Internal Complaints Committee was under the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The challenge would therefore fall within the scope of the Administrative Tribunals Act 1985 and could not be dealt with by...
'Madhya Pradesh Police Prima Facie Incompetent': High Court Requests DGP To Impart Proper Training To Investigating Officers
The Madhya Pradesh High Court recently lamented the 'sorry state of affairs' in the MP State Police, thus requesting its Director General to ensure that proper training is imparted to their investigating officers.Dissatisfied with the investigation being carried out by a Police Officer in a case, Justice Vivek Agarwal observed-This reflects very sorry state affairs in the M.P. Police....
Uttarakhand HC Grants Anticipatory Bail To Woman Accused Of Abetting Father-In-Law's Suicide By Lodging False Molestation Complaint Against Him
The Uttarakhand High Court recently granted anticipatory bail to a woman who allegedly abetted the suicide of her father-in-law by lodging a false molestation complaint against him. The woman had alleged that her father-in-law molested her daughter.Justice Ravindra Maithani observed that the both the complainant and accused side had filed transcript of the victim of the molestation and liberty...
Uttarakhand Govt Servants Rules 2002 | Adverse Service Report Not Communicated To Employee Can't Be Used To Deny Promotion: High Court
The Uttarakhand High Court recently observed that adverse report against an employee, which is not communicated to him, cannot be relied upon by the employer to deny promotion to a government servant in view of Rule 5 of "Uttarakhand Government Servants (Disposal of Representation against Adverse Annual Confidential Report and Allied Matters), Rules 2002.The observation was laid by Justice...
Property Dispute Between Mother & Child Does Not Fall Under Explanation (c) To S.7(1) Family Courts Act, Civil Court Jurisdiction Not Barred: Kerala HC
The Kerala High Court recently held that in order to attract Clause (c) of explanation to Section 7(1) of the Family Courts Act, it must be satisfied that a suit or proceedings for an order or injunction should be in circumstances "arising out of a marital relationship", and the dispute should be one with respect to the properties of such 'parties to marriage'. The provision states that a...
Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court
The Uttarakhand High Court has reiterated that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".The observation came from a division bench of Chief Justice Vipin Sanghi and Justice RC Khulbe:"Since the minor is studying at a school in Mohali, it is that place where he is...
Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to a public law remedy can...
NHAI Is The Best Judge To Decide Which Land Would Be Suitable For Highway Construction: Allahabad High Court
The Allahabad High Court last week observed that the National Highway Authority of India (NHAI) is the best judge to decide which land would be suitable for the construction of the Highways and that no project can be stopped at the behest of one person who thinks that his land is not important for the widening of National Highway.The bench of Justice Sunita Agarwal and Justice Jyotsna...
Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean "In Custody" While Reckoning Period For Default Bail : J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that conditions imposed by the court Section 439(1)(a) CrPC while granting bail cannot by any stretch of imagination be construed to mean that accused person is in custody so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right of default bail under proviso...
Akhil Bhartiya Akhada Parishad President Mahant Narendra Giri's Death By Suicide: Allahabad HC Denies Bail To Disciple Anand Giri
The Allahabad High Court has rejected the bail application filed by Anand Giri, the prime accused in the alleged suicidal death of Mahant Narendra Giri who was the President of Akhil Bhartiya Akhada Parishad as well as the Mahant/Head of Shri Math "Baghambari Gaddi", Allahpur, Prayagraj and "Shri Bade/Lete Hanuman Ji Temple", Prayagraj.The Bench of Justice Sanjay Kumar Singh observed that...