High Courts
Uttarakhand High Court Directs DM, SP To Secure Uttarkashi Jama Masjid, Take Action Against Hate Speech
The Uttarakhand High Court has intervened in the escalating controversy over the Jama Masjid in Uttarkashi, directing authorities to ensure security around the mosque and take strict action against hate speech and demolition threats. A division bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Rakesh Thapliyal heard a petition by the Alpsankhayak Seva Samiti (ASS). The...
Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC
The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that petition under section 34 of the Arbitration Act cannot be entertained which is filed beyond the prescribed period of 3 months under section 34(3) of the Act in the absence of sufficient cause being shown. Brief Facts Award was passed on 06.11.2023 in favour of the non-applicant/respondent by the...
Punjab & Haryana High Court Upholds Constitutional Validity Of Haryana Municipal (Amendment) Act, 2018
The Punjab & Haryana High Court upholds the constitutionality of Haryana Municipal (Amendment) Act, 2018 whereby the State Election Commission (SEC)was empowered to remove to remove municipal presidents and members on grounds of statutory disqualification under section 13 A of the Act. Justice Sureshwar Thakur and Justice Sudeepti Sharma said that Article 243V of the Constitution...
Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court
The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that executing court under section 36 of the Arbitration Act can direct the award debtor to deposit the decretal amount in the court registry till the disposal of the petition under section 34 of the Arbitration Act. The court also observed that while deciding an application under Section 36 (3) of the Arbitration...
Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. Justice P. V. Kunhikrishnan in its order said that the fourth exception to Section 499 IPC says that, it is not defamation to publish a substantially true report of the...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 18 - November 24, 2024
Nominal Index:Presentation Convent Senior Secondary School Vs Satvinder Singh 2024 LiveLaw (JKL) 311Joginder Singh Vs State & Ors 2024 LiveLaw (JKL) 312M/s Mir Associates Construction Company Vs. Superintending Engineer Hydraulic Circle Doda and Anr 2024 LiveLaw (JKL) 313M/s Pardeep Electricals and Building Pvt. Ltd. Vs. Union of India and Ors 2024 LiveLaw (JKL) 314Mohd Azam Vs UT Of...
Initiating Proceedings For Recovery Of Duty Under Customs Act After 'Inordinate Delay' Of 26 Yrs Is Unreasonable: Bombay High Court
While quashing a notice issued under the Customs Act, the Bombay High Court noted that the proceedings were initiated for recovery of duty foregone after a delay of 26 years, adding that such a prolonged delay in initiating the proceedings cannot be considered 'reasonable'.In doing so the court said that even on a reading of the Act, a reasonable period would certainly not be 26 years even in...
Not Considering Income Tax Assessee's Request For Personal Hearing Violates Natural Justice: Kerala High Court
The Kerala High Court held that the income tax authorities, by not considering a request for personal hearing has violated the principles of natural justice. Justice K. Babu observed that due to this violation, the orders passed without considering the assessee's request is bound to be set aside.“The adherence to principles of natural justice as recognized by all civilized States is of...
Degree Of Proof In Professional Misconduct Cases Is Higher Than Balance Of Probability, But Not Beyond Reasonable Doubt: Delhi High Court
In relation to disciplinary proceedings involving alleged professional misconduct by a chartered accountant in a complaint filed against the latter 19 years ago, the Delhi High Court said that the degree of proof required is higher than the balance of probabilities, but not as high as the criminal standards of proof beyond reasonable doubt.The chartered accountant had argued that to bring...
Delhi High Court Directs Delhi Jal Board To Pay ₹22 Lakh Compensation Over Death Of 9-Yr-Old By Falling Into Pit
The Delhi High Court has recently directed the Delhi Jal Board (DJB) to pay compensation of Rs. 22 lakh over death of nine-year-old boy by falling into a pit in 2016. Justice Purushaindra Kumar Kaurav said that there was negligence on the part of DJB and it was thw duty of the Board to maintain safe conditions and take due precautions in and around the land where the pit was situated. “it...
Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-Enactment
The Delhi High Court will hear a plea on the issue of retrospective application of Section 223 of the BNSS 2023 in a case where the Enforcement Directorate (ED) registered the Enforcement Case Information Report (ECIR) prior to the law's enactment but the Prosecution Complaint was filed and trial court took cognizance on it after the law came into force.For context, Section 223 of BNSS deals...
Person Engaged In Construction, Maintenance Or Demolition Of Buildings Above One Storey Is Employee Under Employees Compensation Act: Allahabad HC
The Allahabad High Court has held that any person engaged in construction, maintenance, repairing or demolition of any building which is more than one story high is an employee for the purposes of compensation under the Employees Compensation Act, 1923.Claimant-appellant's husband was carrying out wall painting and repair work when he fell from the third floor of a building and sustained...