Petition U/S 34 Of Arbitration Act Cannot Be Decided Without Summoning Entire Record To Verify Service Of Notice: Karnataka HC

The Karnataka High Court bench of Justice Hanchate Sanjeevkumar has held that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be decided without first summoning the entire arbitration record to determine whether the notice was actually served on the other party. Brief Facts: Respondent No. borrowed a loan from the Appellant and when...

Closure Report Filed In POCSO Case Against Mohammed Zubair Over 2020 Tweet, Chhattisgarh High Court Informed

The Chhattisgarh State Government today officially informed the Chhattisgarh High Court that the state police have submitted a closure report in a POCSO (Protection of Children from Sexual Offences) case filed against Alt-News Co-founder Mohammed Zubair, related to a tweet he made in 2020. The state counsel made the submission before a bench of Chief Justice Ramesh Sinha and...

Karnataka High Court Refuses To Stay Order Quashing ED Summons To Ex-MUDA Commissioner But Says Probe Into Scam Will Continue

The Karnataka High Court on Wednesday (April 2) refused to stay a single judge's order which quashed Enforcement Directorate's (ED) summons issued to Dr Natesha DB, the former MUDA Commissioner during whose tenure alleged illegal allotment of land was made to CM Siddaramaiah's wife Paravathi.The court however said that single judge's order cannot stall investigation against other accused...

No Absolute Right To Bypass Mandatory Pre-Litigation Mediation By Seeking Urgent Interim Relief Without Reasonable Grounds: J&K High Court

The Jammu and Kashmir High Court has held that under the Commercial Courts Act, a party does not have an absolute choice to bypass the statutorily mandated pre-litigation mediation by praying for interim relief without justifying the same with reasonable grounds. The court was dealing with the application seeking the dispensation of the mediation process under 12-A of the act on...

Karnataka HC Stays Disciplinary Proceedings Against Advocate Who Allegedly Abused Law Professor

The Karnataka High Court on Wednesday by way of interim order stayed the disciplinary proceedings initiated by Karnataka State Bar Council against an advocate on charges of professional misconduct after a law professor complained that he was called 'monkey and donkey' by the advocate.The advocate had approached the court seeking to quash the entire proceedings and the notice issued and...

Karnataka HC Refuses To Entertain Plea To Implement 2020 Govt Circular Asking All Departments To Avoid Using 'Dalit' To Address SC Members

The Karnataka High Court on Wednesday (April 2) refused to entertain a petition filed seeking to implement the government circular issued in the year 2020, asking all its departments and authorities to avoid during all official transactions the nomenclature "Dalit" for members belonging to the Scheduled Castes.A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed...

No Finding That Drop In Marks Was Due To Him: Rajasthan HC Quashes Censure Against Chemistry Teacher For School's Poor 12th Board Result

The Rajasthan High Court set aside the penalty of censure imposed on a school teacher in relation to a charge that the12th Board Exam result in Chemistry of the concerned school remained below the standard fixed by the Department of Education.Justice Anoop Kumar Dhand observed that "there was no allegation that the result of the concerned school dropped due to commission or omission on part...

Tender Condition Preferring Candidate Younger In Age In Event Of Tie 'Discriminatory & Irrational': Bombay High Court

The Bombay High Court has observed that a tender prescribing a condition that a younger candidate would be preferred over an older candidate in case of a tie-breaker is discriminatory and arbitrary under Article 14 of the Constitution.Finding no justification for the criteria that a younger person would be preferred an older person within the same group, a division bench of Chief Justice...

“Unique Circumstances”: Madras High Court Asks Centre To Consider Citizenship Plea Of Woman Born To Srilankan Refugees In India

The Madras High Court has asked the Union Government to consider the citizenship application of a woman, born in 1987 to a Sri Lankan couple settled in India, without insisting she return to Sri Lanka and come back to India with a visa. Noting that it was a unique case, Justice Bharatha Chakravarthy held that though the applicant could be considered a foreigner, she had not entered...

'Show Some Urgency': Bombay High Court To Centre, State In 1993 Bomb Blasts Convict Abu Salem's Plea For Premature Release

The Bombay High Court on Wednesday (April 2) expressed displeasure at the Central and State governments for stalling the petition filed by gangster Abu Salem–one of the prime convicts in the 1993 Mumbai bomb blasts case–seeking remission and premature release from the prison at Taloja, where he is serving his life sentence for his role in the case.A division bench of Justices...

Drugs & Cosmetics Act | Failed Dissolution Test When Active Content Is Within Limit Is Minor Defect, Does Not Warrant Prosecution: Rajasthan HC

Finding various procedural lapses, the Rajasthan High Court quashed a 2017 complaint under the Drugs and Cosmetics Act highlighting that the case was filed when a drug sample had purportedly failed the dissolution test even though the same had an active ingredient which was within the standard limits. In doing so the court observed that as per the prescribed guidelines and Supreme...

When Grama Natham Land Is Occupied And Such Occupation Is Accepted By State, It Becomes Private Property; Not Encroachment: Madras HC

The Madras High Court has recently clarified that when a grama natham land (village house site) is occupied by an individual and such occupation has been recognized by the State through successive transfers, it becomes the private property of the occupant and such lands cannot be regarded as government lands. “Where the grama natham land is occupied and such occupation has...