Bombay HC Nixes Order Granting Company, Which Had Not Denied Its Outstanding Dues, Unconditional Leave To Defend In Summary Suit

In a plea challenging the dismissal of summons to judgment in a commercial summary suit, the Bombay High Court set aside a trial court's order granting a company unconditional leave to defend itself, while noting that the company had not denied the existence of outstanding dues owed for the services rendered by the other party. In such a case, the court said, the company should not have...

Manipur High Court Seeks State, Centre's Stand In PIL To Maintain Law & Order Following Clash Of Suspected Militants With Forces

The Manipur High Court on Monday (November 18) sought the stand of the State government and the Centre in a public interest litigation petition seeking a direction to the State to perform its duty to maintain law and order in connection with an incident where six people were allegedly abducted by suspected militants following an altercation with security forces. The PIL states that after...

Calcutta High Court Grants Bail To Suspended TMC Leader Kuntal Ghosh In Recruitment Scam Case

The Calcutta High Court has granted bail to suspended Trinamool Congress youth leader Kuntal Ghosh in the cash-for-jobs recruitment scam case being investigated by the CBI and ED.While Justice Suvra Ghosh granted bail to the accused subject to a bond of Rs 10 lakhs, he will remain in custody in another case being investigated by the CBI.The petitioner stated that he was in custody for...

Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates

While hearing a cheque bouncing case, the Jharkhand High Court has reaffirmed that cognizance of offences under Section 142 of the Negotiable Instruments (NI) Act does not require a report to the police nor empowers the court to direct the police to investigate the complaint. The court further clarified that under Section 142(1)(a) of the NI Act the cognizance of an offence punishable...

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case

While deciding a review petition pertaining to a custody dispute, the Kerala High Court said that a party is not estopped when the error is committed by the court itself. A division bench of Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar underscored that the court has a duty to correct its own mistake. It said:“As noticed, the order sought to be reviewed is vitiated by a patent...

Delhi High Court Orders DDA, MCD To Demarcate Their Jurisdictions; Asks LG To Consider Conducting Survey

The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to demarcate their boundaries and jurisdictions in the national capital with precision (longitude and latitude) as far as possible.“The Hon'ble Lieutenant Governor is directed to consider extending the survey to the whole of Delhi so that the jurisdiction of all statutory...

Income From Sale Of Immovable Properties To Be Treated As 'Capital Gains,' Not 'Business Income': Kerala High Court

The Kerala High Court has stated that income from the sale of immovable properties is to be treated as 'capital gains,' not 'business income' for taxation purposes. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the requirement of ensuring uniformity and consistency in tax assessments cannot be overlooked, especially while categorizing...

Land Mortgaged To Bank Can Be Sold In Case Of Default In Loan Repayment By Allotee: Karnataka High Court

The Karnataka High Court has held that once the state government allows land granted to be mortgaged to raise a loan for the construction of a house, in case of default of repayment of the loan, the bank cannot be restrained from selling the property to enforce the mortgage, citing the non-alienation clause in the grant.A Single Judge M I Arun held thus while quashing an endorsement...

Karnataka High Court Quashes Notification Reconstituting State Bar Council Committees, Says It Violates Council's Election Rules

The Karnataka High Court has quashed an October 28 notification issued by Chairman and Vice Chairman of State Bar Council to reconstitute committees of the Council, observing that the same was in violation of the State Bar Council (Election of Chairman and Vice-Chairman) Rules.Observing that rules are meant to ensure transparency, the court said that the action of reconstitution of the...

Calcutta High Court Delivers Split Verdict On Bail Plea Of Ex-State Education Minister Partha Chatterjee, Four Others Accused In Cash-For-Jobs Scam

Justice Apurba Sinha Ray in his separate opinion, stated that Partha Chatterjee, along with accused Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha and Shanti Prasad Sinha were 'masterminds' of the alleged scam, and were still powerful and could influence the case.

Plausible View Taken By Arbitrator Based On Facts Of Case Cannot Be Interfered With U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh affirmed that once an arbitrator has taken a plausible view based on the facts of the case, such a view cannot be interfered with under section 34 of the Arbitration Act. Brief Facts This is a petition under section 34 of the Arbitration and Conciliation Act, 1996 seeking setting aside of the impugned Arbitral Award dated...

Integrating Categories And Fixing Seniority Based On Special Rules Is A Policy Decision, Not Court's Domain To Rectify Anomalies: Kerala HC

The Kerala High Court held that integrating categories and giving seniority based on Kerala General Subordinate Service Posts in the Rural Development Department (Amendment) Special Rules of 2008 is a policy decision and any anomaly in it would be beyond Court's domain for rectification.The challenge is against the integrated seniority list which was prepared by considering the date of...