Multi-Clause Contracts Should Be Interpreted So That A View On Any Particular Clause Doesn't Violate Another Part Of The Contract: Delhi HC

The Delhi High Court bench of Justices Vibhhu Bakhru and Sachin Datta affirmed that the explicit terms of a contract are always the final word with regard to the intention of the parties. The multi-clause contract inter se the parties has, thus, to be understood and interpreted in a manner that any view, on a particular clause of the contract, should not do violence to another part of...

Madras HC Reserves Order On Actress Kasthuri's Anticipatory Bail Plea In Connection With Alleged Controversial Remarks On Telugu Community

The Madras High Court has reserved orders on an anticipatory bail petition filed by actress Kasthuri for her alleged controversial comments on the Telugu community in Tamil Nadu. Speaking at a Brahmin meet in Chennai on November 3rd, the South Indian actress had made comments against the Telugu community suggesting that the Telugu people, who had come to serve the courtesans of the...

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case.Justice Jitendra Kumar, while delivering the judgment, noted that the medico-legal examination report of the informant was not placed on record. The bench observed, “there is...

Waqf Board Issuing Marriage Certificates Unheard Of In Law: Karnataka HC Orally Says In Plea Challenging Govt Order Authorising Board

The Karnataka High Court on Tuesday (November 12) orally said that the Government Order which authorised the Waqf Board to issue marriage certificates to married Muslim applicants was unheard of in law. The court orally said this while hearing a petition filed by one A Alam Pasha. The plea has sought to declare the government order dated September 30, 2023 issued under the hands of the...

No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HC

The Kerala High Court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013. Section 52A of the Waqf Act provides rigorous imprisonment up to 2 years for alienation, purchasing or possession...

High Court Warns Punjab Govt Of Coercive Action If Vacant Post Of State Information Commissioner Is Not Filled In Time

The Punjab & Haryana High Court has warned the Punjab Government of coercive action if the post of State Information Commissioner is not filed in time.The State counsel assured that the process of selection to the two posts of State Information Commissioner is underway and shall be concluded latest by December 15. Chief Justice Sheel Nagu and Justice Anil Kshetarpal noted that the...

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. The court set aside the award for not disclosing the rationale for damages and, on this count, held that the award was ex facie contrary to settled law and in manifest disregard of...

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board (SRB) rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and...

Power To Attest/Annul Mutation Is Quasi-Judicial, Natural Justice Must Be Adhered To While Invoking It: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasized that the authority to attest or annul a mutation is quasi-judicial in nature. Such authority, vested in Revenue Officers, must be exercised in strict compliance with the J&K Land Revenue Act, ensuring an opportunity for the affected parties to be heard in line with natural justice principles, the court underscored.“The power...

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Despite acquittal, the Screening Committee had cancelled the Petitioner's appointment to the Post of SI. The Bench held that the Screening Committee ought to...

Karnataka High Court Stays Criminal Proceedings Against Man Booked For Printing 'Vote For Narendra Modi' Message On His Wedding Invite

The Karnataka High Court on Monday (November 11) stayed all further criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'.A single judge bench of Justice M Nagaprasanna passed the interim order on a petition filed by one Shivaprasad. Issuing notice to...

Hotel Replacing Damaged Furniture, Carpets Is Current Expenditure Allowable U/S 37 Income Tax Act: Telangana HC

The Telangana High Court has held that the expenditure incurred by a hotel on replacement of damaged items is a current expenditure, allowable under Section 37 of the Income Tax Act, 1961. Section 37 of Income Tax Act states that any business expenditure, excluding capital expenditure and the individual's personal expenses, that is spent for the business's operations shall be...