High Courts
Error In Order Passed By Court In Arbitration Proceeding Can Be Corrected Under Sections 152, 153 Of CPC: Delhi High Court
The Delhi High Court bench of Justice Chandra Dhari Singh has held that any error in an order passed by the court in the Arbitration Proceedings can be corrected under sections 152 and 153 of the CPC provided prejudice is not caused to the other party. Brief Facts The applicant under section 11 of the Arbitration Act filed an application seeking appointment of an Arbitrator...
Person Is Not Prohibited From Being Summoned As Witness Merely Because He Is An Advocate: Kerala High Court
The Kerala High Court has held that merely because a person is an advocate, he is not automatically prohibited from being summoned as a witness.Justice Kauser Edappagath held that prohibition under Section 126 of Indian Evidence Act will apply only to confidential communication made to the advocate by his client.For context, Section 126 of the Indian Evidence Act imposes certain restrictions...
Allu Arjun Arrest: Telangana High Court Grants Interim Bail To Allu For 4 Weeks In Stampede Case
The Telangana High Court on Friday (December 13) granted interim bail for four weeks to actor Allu Arjun who had sought quashing of FIR in connection with a stampede which occurred outside a cinema hall in Hyderabad last week when the actor had an unscheduled visit, in which one woman also died.After hearing the arguments for around two hours Justice Juvvadi Sridevi while dictating the...
Casual Workers Not Appointed Against Valid Sanctioned Post, Can't Be Regularized: Calcutta High Court
A division bench of Calcutta High Court comprising of Justice Debangsu Basak & Justice Md. Shabbar Rashidi held that the casual workers who were not appointed against a valid sanctioned post cannot be appointed on a regular post. Background Facts The appellant was appointed as casual driver on the basis of no work no pay at a fixed remuneration with effect from November 1,...
When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court
Rajasthan High Court has accepted the petition by the first wife of a deceased government employee for family pension on the grounds that no valid divorce took place between them since “social divorce” was not recognized by our legal system. In this light, since the marriage with the second wife was not valid as per the Hindu Marriage Act, 1955 (“the Act”), she could not be seen...
Orissa High Court Orders ₹50 Lakhs Compensation & Family Pension To Widow Of On-Duty Constable Who Died Of COVID-19
The Orissa High Court has ordered the State authorities to pay an ex-gratia compensation amount to the tune of rupees fifty lakhs along with special family pension to the widow of a police constable who died of COVID-19 while on-duty.Discarding the argument of the State that the deceased was not deployed in field duty, the Single Bench of Justice Krushna Ram Mohapatra observed –“He might...
Clothing Is Form Of Self-Expression, Courts Should Not Morally Police Women Based On Their Clothes: Kerala High Court
The Kerala High Court in a recent judgment observed that that a woman's choice of dress should not be subject to moral policing or judgment, especially by the courts. The Court cautioned that the Judge's personal opinions should not be incorporated into judgments. The Division Bench comprising of Justice Devan Ramachandran and Justice M. B. Snehalatha reminded that the Constitution...
Delhi High Court Rejects Woman's Plea Claiming To Be Heir Of Bahadur Shah Zafar II, Seeking Possession Of Red Fort
The Delhi High Court on Friday dismissed a plea filed by one Sultana Begum, seeking possession of Red Fort, claiming herself to be the widow of the great grandson of the last Mughal emperor Bahadur Shah Zafar II.A division bench comprising of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela dismissed the appeal moved by the woman challenging a single judge order of December...
Madras High Court Expedites Trial Against Sasikala In FERA Case
The Madras High on Thursday dismissed three petitions filed by Sasikala, a close aide of former Tamil Nadu CM J Jayalalithaa, challenging certain questions put forward by the Additional Chief Metropolitan Magistrate Court, Economic Offences – I at Egmore. While doing so, the bench of Justice SM Subramaniam and Justice M Jothiraman also directed the court to expedite the trial if the...
'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide
The Gujarat High Court overturned the murder conviction of two men to culpable homicide not amounting murder, after noting that the facts of the case the ingredients of the offence of murder under the IPC were not made out. In doing so a division bench of Justice Ilesh Vora and and Justice S.V. Pinto reiterated the distinction between murder and culpable homicide not amounting to murder which...
Punjab & Haryana HC Allows Diljit's Concert In Chandigarh Tomorrow But Warns Of Penal Action If 75-Decibel Noise Limit Breached
The Punjab & Haryana High Court today permitted Punjabi singer Diljit Dosanjh to hold a concert in Chandigarh tomorrow (December 14). However, the court directed that the event must adhere to noise limits, maintaining ambient air quality standards with a maximum noise level of 75 decibels otherwise penal action can be taken against the organizers"No hesitation in allowing the event to...
Assessee Can Confine Settlement Under Direct Tax Vivad Se Vishwas Act To Disputes Which Were Subject Matter Of Its Appeal: Delhi HC
The Delhi High Court has held that under the Direct Tax Vivad Se Vishwas Act, 2020, an Assessee is entitled to confine the settlement of disputes which were subject matter of its appeal, and exclude the disputes which were subject matter of the Revenue's appeal for the same assessment year. It thus allowed a real estate company's plea against the certificate issued by Commissioner...