Plaint Cannot Be Rejected Even If No Satisfaction Is Recorded By Court On Bypassing Pre-Institution Mediation U/S 12A Of Commercial Courts Act: Calcutta HC

The Calcutta High Court bench of Justice Raja Basu Chowdhury has held that admission of the plaint by the Commercial Court without recording satisfaction as to whether the requirement of pre-institution mediation under section 12A of the Commercial Courts Act, 2015 (“Commercial Courts Act”) can be bypassed and a case for urgent relief is established, cannot be said to be fatal and...

Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC

The Kerala High Court has ruled that the State Consumer Disputes Redressal Commission cannot dismiss a complaint for default or non-prosecution.Justice C.S. Dias said, “…the State Commission is not empowered to dismiss a complaint for default or non-prosecution, but is obliged to decide the complaint on its merits.”The order was passed relying upon Sections 37-B, 38 and 49 of the...

Karnataka High Court Rejects CBSE's Appeal Against Interim Order Permitting 18 State Board Students To Sit In CBSE 10th Exams

The Karnataka High Court on Friday dismissed an appeal filed by the Central Board Of Secondary Education (CBSE), challenging an interim order passed by the single judge, directing it to permit 18 students of Janani Public School who have switched over from the State Board to CBSE Board and sought to appear for 10th Standard examination conducted by the board for the academic...

Adoption Of Hindu Child In Hindu Family Can Be Done Without Registered Deed: Punjab & Haryana High Court

The Punjab & Haryana High Court on Thursday observed that the adoption of a Hindu child in Hindu family under the Hindu Adoptions and Maintenance Act can be done even without registered deed.The case pertains to compassionate appointment in Railways, of an adoptive daughter whose appointment was denied because in Class 10th certificate names of her biological parents were reflected instead...

High Court Orders Action Against 4,000 Illegal Constructions In Gurugram's DLF City

The Punjab & Haryana High Court has issued a writ of mandamus to the Haryana state authorities, asking them to take “prompt action” against over 4,000 unauthorized constructions in Gurugram's DLF City, within two months.The Court took note of local administration's involvement in allowing “land mafias” to construct unauthorised buildings which are comping up at...

'Those Affected May Approach Us In Case Of Any Action By Authorities': Uttarakhand HC On Pleas Against UCC

In a temporary relief for individuals affecetd by the implementation of the Uniform Civil Code in the state of Uttarakhand, the Uttarakhand High Court bench, led by Chief Justice G. Narendar, today asked those affected by the UCC, to approach the court if they face any action by the authorities under the Code."If any individual is affected, they may approach this bench...If any action,...

Centre Notifies Appointment Of Advocate Maneesh Sharma As Rajasthan High Court Judge Over 3 Yrs After SC Collegium Recommendation

The Centre has cleared the appointment of Advocate Maneesh Sharma as a Judge of the Rajasthan High Court.The Supreme Court collegium had recommended the name of Mr. Sharma for appointment to the High Court in 2021. The Union Law Minister shared the news of the appointment on X handle. It reads "In exercise of the power conferred by the Constitution of India, the President is pleased to...

Madhya Pradesh High Court Rebukes Sub Divisional Officer Over Handwritten, Illegible Orders Passed In Election Petition

In a petition challenging concerned Sub-divisional Officer's order which closed the litigant's right to produce witnesses in an election case, the Indore bench of the Madhya Pradesh High said that the SDO had taken the judicial proceedings in a "casual manner" after noting that the officer's handwritten order sheets were "absolutely illegible". The court thus directed the SDO not to...

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court

The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The case was registered against the husband, parents and the relatives in 2019....

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court

The Orissa High Court has held that simply being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless shown that he/she is unable to maintain himself/herself from own earnings or out of owned property. While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the 2007 Act'),...

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court

The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice Amit Mahajan said. The Court observed that...

Rajasthan High Court Stays 800 Kilometers Far Transfer Of Lecturer Who Filed Sexual Harassment Complaint Against Govt School Principal

The Rajasthan High Court has stayed the transfer of a government school lecturer who had filed a sexual harassment complaint against the school Principal.After the woman alleged that the 800 km far transfer was a consequence of her complaint, Justice Arun Monga issued notice on her plea and directed:"Meanwhile, the petitioner shall be allowed to discharge her duties at her...