News Updates
Pension Scheme Can Be Claimed From Date Of Entering Into Service, Not Date Of Approval Of Regular Appointment: Madras High Court
The Madras High Court recently observed that the relevant date while considering the pensionary benefits of Teachers would be the date on which the teacher entered into service and not the date on which the appointment was actually confirmed. Justice S. Vaidyanathan and Justice N Mala relied on the decision in V.Vasanthi v. State of Tamil Nadu wherein, on similar facts, the court had held...
Commercial Courts Act vs. CPC | Power To Condone Delay In Filing Written Statement In Commercial Suits Substantially Different: Delhi High Court
The Delhi High Court has observed that the Commercial Courts Act brings about a substantial change in the provisions relating to the period of filing of the written statement and the power of the Court to condone the delay in filing of the written statement as far as the commercial suits are concerned.Order VIII Rule 1 of CPC prescribes that written statement has to be presented within...
S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth ₹16.6 Lakh From His Property
The Gujarat High Court has refused regular bail under Section 439 of CrPC to a 66 years old man, from whose property contraband (Poppy Straw) worth Rs. 16.6 lakh was seized. Justice SH Vora observed that though the senior citizen was not at the scene of offence or in the nearby vicinity, however, since he was the property owner, Section 25 of the Narcotic Drugs and Psychotropic Substances...
POCSO Act | Delhi High Court Asks Special Courts To Grant Interim Compensation To Child Victims Without Waiting For Them To Move An Application
The Delhi High Court has observed that Special Courts must, on their own, initiate action for grant of interim compensation to child victims at the earliest, without waiting for them to file an application for the same.Justice Jasmeet Singh was dealing with a bunch of pleas wherein a predecessor bench had sought to streamline the process of supplying FIRs pertaining to commission of...
Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court
The Bombay High Court has ruled that invocation of arbitration has to be in clear terms, as specified in Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act), and that a mere reference to the claims and disputes sought to be raised by a party, and the existence of an arbitration clause, would not itself mean that arbitration has been invoked by such a party. The...
PM Cares Fund: Delhi High Court Stays CIC Order Directing IT Department To Disclose Details Of Tax Exemption Under RTI
The Delhi High Court on Thursday stayed an order of the Central Information Commission (CIC) directing the Income Tax (IT) department to provide details regarding the tax exemption granted to the PM Cares Fund in accordance with the Right to Information (RTI) Act. A single judge bench comprising of Justice Yashwant Varma observed that the issue of whether the PM Cares Fund is a public...
'ACB Failed To Consider Public Interest': Karnataka High Court "Compelled" To Monitor Bribery Case Involving Ex-Deputy Commissioner Of Bengaluru Urban
The Karnataka High Court on Thursday said that it would monitor the probe by Anti Corruption Bureau (ACB) into a bribery case involving former Deputy Commissioner of Bengaluru (Urban) as the ACB has failed to take any action in the matter despite having ample materials against him.A single judge bench of Justice HP Sandesh observed,"Having taken note of the conduct of ACB in not registering...
Plea In Delhi High Court Seeks Permission To Export Embryo To Surrogate In California
A writ petition has been moved in the Delhi High Court seeking directions to the Indian Council for Medical Research (ICMR) for issuance of a No Objection Certificate for export of human embryo to a surrogate mother abroad.The petition filed through Advocate Parminder Singh states that while the export of embryos was permissible in the prior regime as per "Guidelines for export of Embroys...
'Are These Roads Glued To The Ground?' : Kerala High Court Slams Kochi Corporation Over Roads Being Damaged Amid Monsoon
The Kerala High Court on Thursday pulled up the Kochi Corporation and the Public Works Department over their failure to take adequate action for repairing the faulty roads in the city even after delivering repeated directions. Justice Devan Ramachandran observed that most of the roads in the city were destroyed after rainfall and that some action had to be taken to repair these faulty roads....
POCSO Act Will Be Applicable To Minor Muslim Girl Who Has Attained Age Of Puberty: Delhi High Court
The Delhi High Court has rejected a contention that according to Muslim law, since the victim has attained the age of puberty, the rigours of POCSO Act will not be applicable.Justice Jasmeet Singh observed that the statement of object of the POCSO Act states that the Act is aimed to secure the tender age of the children and ensure they are not abused and their childhood and youth is...
"HC Live Proceedings Being Used For Entertainment Purposes With Oblique Motive": GHAA Writes To CJ Of Gujarat High Court
The 'Gujarat High Court Advocates Association' (GHAA) President has written to the Chief Justice of the Gujarat High Court, Aravind Kumar regarding the 'flagrant' and 'widespread' violation of the provisions of the Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021.GHAA President Asim Pandya has written to the Chief Justice to bring to his notice that live streaming of the...