'Misconceived': Karnataka High Court Rejects PIL Seeking 'Separate Flag' For The State

The Karnataka High Court on Friday dismissed a public interest litigation seeking a separate flag for the State.A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed observed, “Matters of grievance of such nature would hardly fall within the domain of the court jurisdiction, much less in the realm of public interest jurisdiction. The petition is misconceived...

Arbitration Proceedings Can't Be Commenced Against Third Parties Who Are Not Parties To Agreement: Bombay High Court

The Bombay High Court bench of Justice A. S. Chandurkar and Justice Rajesh S. Patil has held that arbitration proceedings cannot be commenced against third parties who have not signed the Arbitration Agreement. The court observed that either the developer or the society, who has signed the Development Agreement can invoke the arbitration agreement in case of dispute. A party who is...

Monetary Compensation Can Substitute Reinstatement Even In Cases Of Illegal Termination: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice G.S. Ahluwalia upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a terminated daily wage worker. The Court held that even when termination violates Section 25-F of the Industrial Disputes Act, reinstatement with back wages is not an automatic remedy. Drawing from Supreme Court...

Star Health Data Breach: Telegram Agrees To Take Down Accounts Flagged By Star Posting User Information, Says Can't Do Patrolling

Telegram, on Friday informed the Madras High Court that it was ready to remove and block any account that was flagged by Star Health Insurance and was found sharing the details of policyholders in light of the recent Star Health data breach. The submissions were made before Justice K Kumaresh Babu who was hearing an application filed by Star Health to injunct Telegram from sharing...

Model Code Of Conduct Amid Wayanad Bypoll Must Not Affect Rehabilitation Work, Election Campaigners Must Follow 'Green Protocol': Kerala HC

The Kerala High Court has ordered that implementing the Model Code of Conduct ahead of the 2024 Lok Sabha Bypoll in Wayanad should not affect the ongoing rehabilitation and relief efforts in the area affected by landslides.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. hearing the suo moto case initiated after landslides, has further directed...

If Dispute Is Arbitrable, Court Cannot Refuse To Refer Parties To Arbitration U/S 8 Of Arbitration Act: Gauhati High Court

The Gauhati High Court Bench of Justice Mr. Robin Phukan held that it is also well settled that reference of case to arbitral tribunal under section 8 of Arbitration Act can be declined by the court only if the dispute is non-arbitrable. Brief Facts This appeal, under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, is directed against the order dated 09.08.2024,...

Bail Plea Shouldn't Be Rejected To Give Accused A Taste Of Imprisonment As A Lesson: Allahabad High Court

The Allahabad High Court has observed that the bail application of an 'unconvicted' person should not be rejected for the purpose of giving him a taste of imprisonment as a lesson or as a mark of disapproval of his conduct. A bench of Justice Arun Kumar Singh Deshwal added that while considering the bail application, apart from the seriousness of the charges and severity of...

Defendant Can Seek Rejection Of Plaint Under Order 7 Rule 11-D CPC Without Filing Written Statement: Jharkhand High Court

While hearing a title dispute over a property, the Jharkhand High Court said that once a suit is instituted and notice is issued, the defendant has the right to file an application under Order 7 Rule 11-D of the CPC seeking rejection of the plaint, even if a written statement has not been filed.In doing so, the high court found that the trial court's order rejecting the petitioner's plea...

Five New Judges Of Bombay High Court Take Oath

The Bombay High Court got five new judges today after the Central government cleared their names for being appointed as additional judges of the High Court.Chief Justice Devendra Kumar Upadhyay administered the oath of office to Judge Designates - Nivedita Mehta, Prafulla Khubalkar, Ashwin Bhobe, Rohit Joshi and Advait Sethna.The oath ceremony was attended by all the sitting judges of the...

Father's Protest Petition Against Daughter-In-Law For Abetting Son's Suicide Not Ground To Deny Her Compassionate Appointment: Rajasthan HC

While rejecting petition filed by the father of a deceased government employee, the Rajasthan High Court ruled that pendency of a protest petition against a negative police report in a case of abetment to suicide filed against the wife of the deceased was not a sufficient ground to deny her compassionate appointment.The bench of Justice Mahendar Kumar Goyal was hearing two petitions. First...

Transfer Pricing | Entities Operating On Economic Upscale Can't Be Included As 'Comparables' Of Those Working On Cost-Plus Pricing: Delhi HC

The Delhi High Court has reiterated that entities commanding high profit margins cannot be included as comparables of those working on cost-plus markup basis, to determine Arm's Length Price for international transactions. A division bench of Justices Yashwant Varma and Ravinder Dudeja thus ordered the exclusion of TCS E-Serve International Ltd., TCS E-Serve and Infosys BPO Limited...

Environment Protection Inseparable Part Of Right To Life Under Article 21: Rajasthan HC Initiates Suo Moto PIL On Encroachment Of Water Bodies

The Rajasthan High Court has taken suo motu cognizance of the rampant encroachments and illegal constructions on the riverbeds and many other water bodies terming it as direct violation of the Water (Prevention and Control of Pollution) Act 1974, and inaction on part of the government administration.Justice Anoop Kumar Dhand highlighted that conservation and protection of environment is...