After Execution Of Sale Deed, Arbitration Clause Mentioned In Agreement For Sale Becomes Ineffective: Bombay High Court

The Bombay High Court Bench of Justice R. I. Chagla has held that the Agreement for sale has come to an end by the execution of the Deed of Conveyance / Sale Deed. It is well settled that once a Conveyance is executed, the object, purpose, effectiveness and validity of the Agreement for sale comes to an end. Therefore, the arbitration clause in the Agreement comes to an end as the...

Kerala High Court Asks State To Transfer ₹1510 Crore Paddy Land Conversion Fee To Agricultural Promotion Fund In Next 12 Months

The Kerala High Court has ordered the State to remit the entire amount it collected as application fee for conversion of paddy land since the enactment of Kerala Conservation of Paddy Land and Wetland Act, 2008 to the Agricultural Promotion Funds (APF) in the next 12 months. The State Level Officer responsible for managing the Agriculture Promotion Fund informed the Court that a total amount...

Kerala HC Quashes Notification To Set Up High-Security Number Plate Manufacturing Plants, Calls For Fair Tender Process

The Kerala High Court has quashed the notification issued by the state government dated July 30, 2024, permitting Regional Transport Officers in the State to set up plants for the production of high-security registration number plates (HSRP) and to obtain Technical Approval Certificates (TAC) for the implementation of the HSRP scheme.The government introduced the HSRP scheme, which...

'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High Court

The Kerala High Court has held that a Magistrate Court can take cognizance in case of custodial torture by police office, without prior sanction of the State Government under Section 197(1) of CrPC. Justice K. Babu reasoned that a Police Officer torturing a man in a police station cannot be treated as part of official duty, thus not requiring sanction to prosecute.“How can we say that the...

Bombay High Court Weekly Round-Up: November 25 - December 01, 2024

Citations: 2024 LiveLaw (Bom) 611 to 2024 LiveLaw (Bom) 617Nominal Index:Mihir Shah vs. State, 2024 LiveLaw (Bom) 611High Court of Judicature at Bombay on its Own Motion vs. Mayur Gulabrao Patil & anr., 2024 LiveLaw (Bom) 612Mahindra and Mahindra Ltd. vs. Union of India & ors., 2024 LiveLaw (Bom) 613Neilan International Co Ltd vs Powerica Ltd, 2024 LiveLaw (Bom) 614SS vs State...

Bombay High Court Temporarily Restrains Recruitment Website From Infringing Hind Rectifiers Ltd's 'HIRECT' Trademark

The Bombay High Court has issued a temporary injunction restraining Chrome21 India Pvt. Ltd. from infringing semiconductor manufacturer Hind Rectifiers Limited's registered trademark called 'HIRECT'.In doing so the court observed that the defendant company had "dishonestly adopted" mark after noting that the defendant's mark was identical to plaintiff's and was for the same class of goods...

Delhi High Court Designates 70 Lawyers As Senior Advocates

he Delhi High Court has designated names of 70 lawyers as Senior Advocates.This was after Delhi High Court's Permanent Committee recommended names of 71 lawyers for being designated as Senior Advocates after interviewing more than 300 lawyers.“Pursuant to the Resolution passed by Hon'ble the Full Court in its meeting held on 29.11.2024, Hon'ble the Chief Justice has been pleased to...

CID Crime Which Probes Serious Offences Has Been Lodging FIRs In Cases Of Civil Nature 'For Reasons Best Known' To Its DGP: Gujarat HC

The Gujarat High Court on Wednesday (November 27) said that it had come across many matters where for reasons best known to its Direct General of Police, the CID Crime–a specialized unit focussed on preventing/investigating serious offences–has been in "recent times" registering FIRs related to civil disputes, particularly those involving financial transactions or property matters.In doing...

Award Suffers From Patent Illegality When Adjudication Is Done Without Giving Any Reasons: Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Justice Satyen Vaidya, while a Section 34 petition, has held that when an award has been found to be rendered without giving any reasoning regarding the adjudication of the disputes, the said award suffers from patent illegality apparent on the face of the award, and liable to be set aside. Facts: The petitioner was awarded a contract to...

Benefit Should Be Given To Candidate And Not Employer, If Advertisement Stipulates Vague Qualification Criteria: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that if an advertisement gives vague and ambiguous meaning with a possibility of varying interpretations about the qualification criteria of a post, the benefit should always be given to the candidate and not the employer.The single-judge bench of Justice Sanjay Dwivedi observed, “Any advertisement creating ambiguity in regard to the qualification...

Bombay High Court Fines Licensee Rs 5 Lakh For 'Harassing Landowners' Regarding Compensation For Land Acquired For Kohlapur Airport

The Bombay High Court has imposed a cost of Rs. 5 lakh on a litigant for claiming untenable tenancy rights in a land, despite being a mere licensee. In doing so the court found litigant's plea to be abuse of the process of law, intended to harass the landowners. It said that the petitioner, without having a semblance of a right pertaining to the ownership of land of three respondents, which...

Can Draw Analogy From Motor Vehicles Act To Calculate Compensation To Victims Of Vadodara Boat Capsize Incident: Gujarat High Court

While hearing a plea concerning the January 18 Harni Lake boat capsize incident in Vadodara, the Gujarat High Court on Friday (November 29) said that the compensation to the victims and their kin can be computed by drawing analogy from the principles enshrined under the Motor Vehicles Act. During the hearing a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi noted...