News Updates
"Why Multiple Summons Were Issued On Same Information?": Kerala High Court Asks ED In KIIFB's Plea
The Kerala High Court on Tuesday while adjourning the plea filed by KIIFB challenging the summons issued by the Directorate of Enforcement observed that the repeated issuance of summons by the ED to the KIIFB, for producing the same documents, indicates a lack of application of mind on the part of the Investigating Agency. Justice V. G. Arun taking note of the fact that the ED had issued...
Dismissal On Locus Standi Without Opportunity To Bring On Record Documents; Violation Of Section 18 Of The A&C Act: Gauhati High Court
The Gauhati High Court has held that dismissal of the claim on the ground of locus standi without the opportunity to bring necessary documents on merit and hearing the claims on merit is violation of Section 18 of the A&C Act that provides for equal treatment for parties. The Bench of Justice Devashis Baruah was hearing an appeal against the order of the lower court passed...
Award Of Demurrage Charges Under Major Ports Act Is Not Valid When Contract Does Not Provide For Such Charges : Calcutta High Court
The High Court of Calcutta held that the arbitral tribunal cannot award demurrage charges on the basis of Major Ports Act, 1963 when the contract between the parties has no provision for such damages. The Bench of Justice Krishna Rao held that an arbitral award wherein the tribunal has awarded demurrage charges in absence of any provision in the agreement for levy of such charge would...
RTE Act | Teachers Can Be Given Election Duties Even Before Issuance Of Poll Notification: Allahabad High Court (DB)
The Allahabad High Court (division bench) has ruled that in view of Section 27 of the Right of Children to Free and Compulsory Education Act, teachers can be deployed for election duty even before issuance of the notification relating to elections to Local Body, a State Assembly or the Parliament.The bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh further ruled that the...
"Legal Regime Apropos Sports Administration Has To Be Implemented Fully": Delhi High Court Places Indian Olympic Association Under CoA
Observing that the legal regime apropos sports administration in India has to be implemented fully and effectively, the Delhi High Court has put the affairs of Indian Olympic Association (IOA) in the hands of a Committee of Administrators (CoA) as per a recent Supreme Court order. A division bench comprising of Justice Najmi Waziri and Justice Manmohan concluded that if a sports federation...
Brothel Customers Indulging In Sexual Intercourse With Prostitutes Can't Be Booked Under Immoral Traffic Prevention Act: Andhra Pradesh HC
The Andhra Pradesh High Court has quashed criminal proceedings initiated against a brothel customer under Immoral Traffic (Prevention) Act, 1956. A bench of Justice Ninala Jayasurya reiterated the settled legal position that a customer who visited the brothel to have sexual intercourse with a prostitute on payment of cash is not liable for prosecution for the offences under Sections 3, 4 and...
Bombay High Court Holds Special Hearing On Independence Day, Allows Badminton Player's Wild Card Entry In International Tournament
The Aurangabad bench of Bombay High Court has allowed badminton player Prathamesh Kulkarni a wild card entry in an international tournament to be held from August 30 at Pune.A division bench of Justices Ravindra Ghuge and Arun Pednekar held a special hearing on Independence Day due to paucity of time as the deadline for petitioner's name to be added to the final list of participants was 5...
"He Would Have Managed CID Probe If HC Had Not Intervened": Allahabad HC Denies Bail To Former BSP MLA In Murder Case
The Allahabad High Court last week denied bail to former BSP MLA Dr. Vijay Kumar, the prime accused in the Shikhar Srivastava murder case as the Court noted that he is a resourceful person who could evade his arrest for four long years and might have even managed the CID probe if the HC had not intervened. Observing that the accused was not allowing the trial to proceed, the bench of...
Husband Asking Wife To Pursue Further Education, Expressing Views About Having A Child Not 'Cruelty': Karnataka High Court
The Karnataka High Court has observed that a husband suggesting to his wife or asking her to pursue her education further, cannot be considered as cruelty. A single judge bench of Justice Dr HB Prabhakara Sastry allowed the revision petition filed by Dr Shashidhar Subbanna and his mother and set aside the conviction handed down to them by the trial court for offences punishable...
Insurance Company Not To Deduct TDS On Interest On Compensation Awarded To The Claimant Till 01.06.2015 : Punjab & Haryana High Court
The Punjab and Haryana High Court has ruled that the Insurance Company is not required to deduct TDS on the interest on the compensation awarded to the claimant uptil 01.06.2015, even if the interest amount exceeds Rs. 50,000 per claimant in the financial year. The Single Bench of Justice Arvind Singh Sangwan reiterated that 194A of Income Tax Act, 1961 is not a charging provision...
Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench
A single judge of the Madras High Court recently referred to a larger bench, the question regarding the applicability of provisions of Section 482 CrPC and/or Article 227 of the Constitution for quashing an application under Section 12 of the Domestic Violence Act. Justice N Sathish Kumar was considering a batch of petitions seeking to quash the application filed under Section 12 of the DV Act...
[Order 7 Rule 11 CPC] Civil Court's Jurisdiction Not Ousted Where Procedure Prescribed In Particular Statute Not Followed: Bombay High Court
The Bombay High Court said that the court's power to reject a plaint under Order 7 Rule 11 of Civil Procedure Code (CPC) is a drastic power which is to be exercised carefully.Justice Anuja Prabhudessai was dealing with an appeal challenging trial court's order rejecting the appellant's plaint in a property dispute. The Court quashed the order and directed the lower court to...