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...

GST | Separate Notification Needed For Cross-Empowerment Of State Officials? Kerala High Court Refers To Division Bench

The Kerala High Court prima facie disagreed with the view expressed by the Madras High Court

Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC

The Delhi High Court has held that where enhancement of valuation of goods by the proper officer for the purpose of determining Customs duty is accepted by the importer under protest, for expeditious clearance, it cannot be said that the importer has waived its right to question the reassessment. Pertinent to note that Section 17 of the Customs Act, 1962 relates to 'Assessment of...

Unregistered Agreement Insufficient To Transfer Leasehold Rights, Housing Board's Procedure Paramount: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that an unregistered agreement to sell is inadequate to transfer leasehold rights, emphasizing the exclusive procedure of the J&K Housing Board for such transfers.In dismissing an appeal against a demolition order Justices Rajnesh Oswal and Sanjay Dhar highlighted the paramountcy of J&K Housing board over its properties on...

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

While deciding a case relating to Input Tax Credit, the Allahabad High Court has held that a quasi-judicial body must provide an opportunity of hearing to a person before imposing liability on them. The Division Bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that as per the doctrine of audi alteram partem (let the other side be heard as well), such...

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision (AFT) to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the court said that the benefits of the...

Bombay High Court Issues Interim Injunction Against 'DESIMOCHI' Over Trademark Infringement Of Metro Footwear's 'MOCHI'

The Bombay High Court has issued a temporary injunction in favour of the popular footwear brand Metro Brands Limited, against trademark infringement of its 'MOCHI' marks.The plaintiff Metro stated that it has been using the 'MOCHI' mark since 1977 and its goods are sold through various e-commerce platforms. In 2016, Metro began selling goods with 'MOCHI' marks under the domain...

Panthers Party Leader Harsh Dev Singh Approaches J&K High Court Challenging BJP's Chenani Win, Alleges Corrupt Electoral Practises

J&K High Court Issues Notice On Plea Challenging BJP's Poll Victory In Chennai Over Allegations Of Corrupt Electoral Practises

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Factual Overview: The dispute arose regarding a Redevelopment Agreement (RDA) and a Supplementary Agreement (SA) dated 20 July 2022. The agreement was entered between...

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that the Arbitral Tribunal has awarded the claim for loss of profit for the period the Contract was prolonged without any evidence or material to support the claim. Therefore, the impugned award is vitiated by patent illegality. Brief Facts: The present dispute arose with respect to an agreement...

Kashmiri Pandit Woman Continues To Retain Migrant Status Despite Marriage To Non-Migrant: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a Kashmiri Pandit woman does not lose her "migrant status" upon marrying a non-migrant.A bench of Justices Atul Sreedharan and Mohammad Yousuf Wani clarified, “.. to hold that the woman would lose her status as a migrant only because she, out of the natural urge of forming a family, had to marry a non-migrant on account of...