Rajasthan HC Slams State For Denying Mason Post To Man With Amputation In Non-Dominant Hand, Appointing Man With Amputation In Dominant Hand Instead

Rajasthan High Court allowed the petition filed by a candidate denied mason post for being declared medically unfit on account of amputated little finger of his left hand (non-dominant hand), as opposed to another candidate who was given the employment despite having amputation of finger in his dominant hand.While terming the approach of the State to be “lopsided on the very...

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that substantive objections concerning the validity and existence of an arbitration agreement can be adjudicated by the Arbitral Tribunal and not by the court under section 11 of the Arbitration Act. Brief Facts This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”)...

[O.39 R.3 CPC] Court Must Give Reasons For Granting Ad-Interim Injunction Without Notice To Opposite Party: Karnataka HC Reiterates

The Karnataka High Court has reiterated that before granting an ad-interim temporary injunction without notice to the opposite party, the trial court must assign reasons on whether the object of granting the injunction would be defeated by delay. Justice H P Sandesh, said, “The word used in Order 39 Rule 3 (Civil Procedure Code) is the court shall exercise the discretion and when the...

As Villagers Object, Chhattisgarh High Court Declines Christian Man's Plea To Perform Father's Last Rites In Common Graveyard

The Chhattisgarh High Court on Thursday (09 January) turned down the plea of a Christian man seeking permission and police protection for performing last rites of his deceased father at the village common graveyard, as villagers aggressively protested against the same and threatened him of dire consequences.The Bench of Justice Bibhu Datta Guru rejected the prayer apprehending any...

Sanctioning Authority U/S 17A Prevention Of Corruption Act Must Apply Mind To Both Complaint, Other Materials Related To Accusations: Madras HC

The Madras High Court recently observed that while granting approval for prosecuting a public officer under Section 17A of the Prevention of Corruption Act, the concerned authority should apply its mind not just to the complaint before it but also on other materials to throw light on the need for prosecution. “While satisfying himself before granting or refusing to grant approval...

Businessman Boby Chemmanur Moves Kerala High Court Seeking Bail In Sexual Harassment Case

Businessman Boby Chemmanur has moved an appeal before the Kerala High Court, seeking bail in a sexual harassment complaint raised by a prominent Malayalam film actress.Boby was denied bail by the Ernakulam Magistrate Court on Thursday (9th January) and remanded to 14 days judicial custody.He is booked under Section 75 (Sexual Harassment) of the Bharatiya Nyaya Sanhita and Section 67...

Coldplay Concert: Bombay High Court Dismisses PIL Seeking Guidelines On Ticket Scalping

The Bombay High Court has dismissed a Public Interest Litigation (PIL) concerning 'ticket scalping' and black marketing of online tickets for concerts and other events. A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said that the matter fell within the purview of police making and thus the Court could not entertain it. On 02 January 2024, while reserving...

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court

While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated as the show cause notice, the Allahabad High Court observed that “If in a decision making procedure adopted by the authority is de hors the provisions of the act or rules framed thereunder, it is liable to be rendered...

MEA Informs Delhi High Court Of Documents Required For Gender Change Recognition In Passports After Surgery Abroad

The Ministry of External Affairs (MEA) has recently informed the Delhi High Court about the documents that an individual who has undergone a gender change abroad can submit upon returning to India, in order to reflect the change of gender in the passport.The submission was made in a plea moved by a transgender woman–petitioner, whose grievance raised in the plea had been redressed inasmuch...

BH Registered Vehicles Subject To Motor Vehicle Tax As Per State Law; Centre Can't Prescribe Tax Rates : Kerala High Court

The tax rates prescribed by the Centre for BH-series vehicles cannot be enforced, the Court ruled.

Bombay High Court Takes Suo Motu Cognisance On Protection And Preservation Of Wetlands In State

The Bombay High Court today (10 January) took suo moto cognisance of the issue pertaining to the maintenance and preservation of wetlands in Maharashtra.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said that it was taking cognizance of the matter based on Supreme Court's order in the case of Anand Arya vs. UOI (Writ Petition (Civil) No. 304/2018).In its...

Permission To Donate Human Organs Cannot Be Rejected Without Cogent Evidence Establishing Commercial Element: Kerala High Court

The Kerala High Court on Monday (January 6) held that permission to donate human organs cannot be rejected unless there is cogent material to establish a commercial element.In doing so the court added that if the donor claims that the donation is made purely out of altruism, their statement must be accepted if there is no credible evidence to prove the contrary.Justice C.S. Dias made...