Kerala HC Asks Investigating Agency To Inform Centre About Foreign Agency's 'Suspicious' Survey Allegedly Hurting Feelings Of Muslim Community

The Kerala High Court has asked investigating agency Internal Security Investigation Team (ISIT) to inform Central Government about the "suspicious" survey allegedly conducted by a foreign agency without sanction from it.The Internal Security Investigation Team (ISIT) after investigation alleged that the foreign agency, Princeton Survey Research Associates (PSRA) had conducted the survey with...

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

The Director General of Police of Tamil Nadu has informed the Kerala High Court that a new circular dated November 13 has been issued outlining detailed guidelines to be followed while making arrests of accused persons outside the state's borders.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. have granted time to the Public Prosecutor to submit the circular...

Supreme Court Collegium Recommends Appointment Of Madras HC Judge D Krishnakumar As Manipur HC Chief Justice

The Supreme Court Collegium led by CJI Sanjiv Khanna has on November 18, recommended the appointment of Justice D Krishnakumar as the Chief Justice of Manipur High Court. Justice Krishnakumar is a judge of the Madras High Court. The recommendation has come in view of the nearing retirement of the incumbent Chief Justice of Manipur High Court Justice Siddharth Mridul on 21st November 2024....

Govt Recognised Private Schools May Fall Under Writ Jurisdiction, But Writ Of Mandamus Limited To Public Law Actions: J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that while unaided private educational institutions recognized by the government or affiliated to statutory boards may qualify as “public authorities” amenable to writ jurisdiction, a writ of mandamus can only be issued if the actions of such institutions fall within the domain of public law rather than private law.A bench of...

Unless Appointment Of Arbitrator Under Arbitration Clause Is Ex-Facie Valid, Jurisdiction Of Court U/S 11(6) Cannot Be Barred: Rajasthan HC

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that unless the appointment of the arbitrator is ex facie valid and such appointment satisfies the Court exercising jurisdiction under Section 11(6) of the Arbitration Act, acceptance of such appointment as a fait accompli to debar the jurisdiction under Section 11(6) cannot be countenanced in law. Brief...

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Satish and quashed the case registered against him for sections 323,376,417,420,504,506 of the Indian Penal Code.A detailed order is yet to be made available. While granting interim relief and staying...

Madras High Court Weekly Round-Up: November 11 - November 17, 2024

Citations: 2024 LiveLaw (Mad) 431 To 2024 LiveLaw (Mad) 446 NOMINAL INDEX Union of India v Abdul Razak and Others, 2024 LiveLaw (Mad) 431 M Samudi v The District Collector and Others, 2024 LiveLaw (Mad) 432 Union of India v. C.V.L. Annapurna, 2024 LiveLaw (Mad) 433 G.Kulanchiyappan v Vice Chancellor, IMU, 2024 LiveLaw (Mad) 434 The Commissioner of Income Tax, Chennai...

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate...

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it.The bench of Justice Farjand Ali was hearing a writ petition filed by a retired Additional Superintendent of Police (ASP), seeking a direction to the State Government for considering...

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11(6A) of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11...

Nominee Entitled To Bank Deposits After Account Holder's Death But Money Would Be Subject To Succession Laws: Allahabad HC

The Allahabad High Court has clarified that while a nominee has a right to obtain money from the bank after the account holder's death, the money received would be subject to succession laws, and the deceased's heirs would have a right to the said amount in accordance with the law. A bench of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit observed this while dealing with a...

Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea

Rejecting a plea moved by Medical Officers (Dental) engaged by the state government on a contractual basis whose services were terminated, the Jodhpur bench of the Rajasthan High Court ruled that it was the government's domain to decide on employment of particular person working in it. In doing so the court observed that the officers engagement was carried out only on an urgent temporary...