High Courts
Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case
The Calcutta High Court bench of Justice Shampa Sarkar has injuncted the West Bengal Government and WBIDC from disposing of subject matter of the Award in the execution petition filed by the award-holder in Essex case.Background:This execution petition stems from a dispute under a Share Purchase Agreement (SPA) which was signed between between Essex Development Investments (Mauritius)...
Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
The Himachal Pradesh High Court bench of Justice Virender Singh has reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Courts may only interfere if the award exhibits patent illegality or arbitrariness that goes to the root of the matter.Brief Facts:The...
Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". In doing so the court directed...
Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court
The Kerala High Court stated that the department cannot reopen an assessment that has already been settled by issuing a fresh notice if the period of limitation had expired before the date of the amendment extending the timeline for reopening.The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “…….no doubt, in those cases where the erstwhile period...
Retired Doctor Moves Kerala High Court To Appoint A Custodian For Her Living Will
A retired doctor recently moved the Kerala High Court seeking a custodian for her living will. A living will contains instructions about the medical treatment to be administered in future when the person is terminally ill or no longer able to give informed consent. The matter came before Justice Gopinath P.As per the procedure laid down by Supreme Court, the living will shall be handed over to...
Appointment To Government Post Cannot Be Denied Due To Mere Implication In Dowry Case: Allahabad High Court
While considering a case of an appointment to a government post, the Allahabad High Court has held that merely being implicated in a criminal case does not de facto form a basis for rejecting the candidate.In the case where the person seeking appointment was the brother of the main accused and had been implicated in case for dowry, Justice J.J. Munir observed that“Given the social...
Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court
In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences.The single-judge bench of Justice Vishal Dhagat observed, “At first glance, Children's Court appears to be Court which are trying the cases...
Are Government Pleaders Gazetted Officers? Kerala High Court Asks Govt To Clarify
The Kerala High Court has asked the government to issue a notification or instruction clarifying whether Government Pleaders, Senior Government Pleaders, and Special Government Pleaders are Gazetted Officers within one month.Justice Gopinath P. was considering a writ petition filed by an Indian woman who wanted to marry an American citizen and her application submitted under the Special...
Calcutta High Court Stays Proposed Demolition Of Unauthorised Constructions On Mandarmani Beach
The Calcutta High Court has ordered a stay on the demolition of unauthorised constructions on Mandarmani beach till 11th December. Justice Amrita Sinha was hearing a plea by the Mandarmani Hoteliers Association, representing the hundreds of hotels that would be impacted by the Coastal Authority's orders for the demolition of illegal constructions, following an earlier order by the National...
Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit
The Calcutta High Court has allowed an infertile couple to avail of the facility of Assistive Reproductive Techniques (ART) to aid them in conceiving a child, even though the husband's age at 58 years, was above the statutory limit prescribed under the Assisted Reproductive Technology (Regulation) Rules, 2022.Justice Amrita Sinha held: In the instant case, the woman falls within the...
Adversely Impacts Economy: Bombay High Court Denies Anticipatory Bail To Man Booked For Stealing 13K Litres Of Petrol
Observing that stealing petroleum-based fuels adversely affects the country's economy, the Bombay High Court recently refused to grant pre-arrest bail to a man, booked for stealing 13,000 litres of petrol worth Rs 13.90 lakhs.Single-judge Justice Rajesh Laddha noted that the applicant Mohd. Ahmed Shafique Khan, a businessman, was the linchpin of the crime in question."Stealing...
Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court
An advocate cannot be booked for 'obstructing' a government servant (CBI Officers) from discharging his duty, just because he asks a team of CBI officers, conducting raid/search operations, to show their Identity Cards (ID), the Bombay High Court held on Thursday (November 21).Single-judge Justice Milind Jadhav discharged two advocates and a law intern (then), who were booked in 2007...