Scope Of Review U/S 37(2)(b) Of Arbitration Act Is Very Limited, Courts Cannot Change Tribunal's Conclusion Based On Detailed Inquiry: Delhi HC

The High Court of Delhi of Justice Sachin Datta has held that the scope of review of an interlocutory order is very narrow when the tribunal examines the factual scenario in detail before formulating an opinion in Section 17. The court cannot change the conclusion reached by the tribunal when the same is based on an intricate factual examination of the matter.Facts:The ongoing...

Depression Not 'Legal Insanity' U/S 84 IPC If Ability To Distinguish Right From Wrong Not Impaired: Kerala HC Upholds Murder Conviction

The Kerala High Court recently denied the plea of 'legal insanity' raised by a woman sentenced to life for murdering her twelve-year-old nephew, holding that depression would not come under purview of Section 84 IPC unless there is material to show that it significantly impaired the ability to distinguish right from wrong.The Division Bench of Justice Raja Vijayaraghavan V and Justice...

PIL in Bombay High Court Challenges Motor Vehicles (Amendment) Act, 2019

A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the Motor Vehicles (Amendment) Act, 2019.The petitioner is an association of lawyers practicing at the Motor Accident Claim Tribunal (MACT) in Mumbai. The petitioner contends that the amended Act has brought several changes detrimental to the interests of victims of road accidents and their families. On...

Withholding Retiral Benefits Due To Pending Criminal Case Unrelated To Employee's Official Duties Violates Right To Life: Rajasthan HC

Rajasthan High Court ruled that withholding retirement benefits of an employee only on the ground of pendency of criminal proceedings which had nothing to do with the official duties was unjustified and violative of right to life because these were the sources by which the employee arrange for their necessities post retirement.“The pension, gratuity and other retiral benefits are the...

DVAT Act | Assessee 'Automatically' Becomes Entitled To Interest U/S 42 On State's Failure To Adhere To Mandatory Timelines For Refund: Delhi HC

The Delhi High Court has made it clear that when a refund of tax or penalty paid in excess under the Delhi Value Added Tax Act, 2004 is delayed by the authorities, the assessee “automatically” becomes entitled to interest on such refund.Section 38(1) “obligates” the Commissioner to refund the amount of tax, penalty or interest, if paid by a person in excess of the amount due...

'Serious Misconduct': Gujarat HC Declines Plea By Govt Officer Debarred From Taking Class-I Officer's Exam For 'Misbehaving With Invigilator'

While dismissing a plea by a government officer debarred from the Gujarat Public Service Commission (GPSC) 2023-2024 due to her alleged misconduct in preliminary examination, the Gujarat High Court observed allegations against the officer were serious and not expected from a person appearing in Class-I officer's exam. The petitioner officer moved the high court challenging the order of...

Allahabad HC Summons Ghaziabad DM For Violating Division Bench Order To Register Sale Certificates, Issuing Demand Notice Of Over ₹14 Crores

The Allahabad High Court has directed the District Magistrate, Ghaziabad to appear before it in person for violating a Division Bench order directing immediate registration of sale certificates issued in favour of the petitioner, and instead issuing a demand notice of more than Rs. 14 crores under the Indian Stamp Act, 1899.The petitioner had earlier approached the High Court seeking a...

Delhi High Court Upholds Arbitral Award In Dispute Over Interpretation Of “Revenue” In Agreement Between AAI, DIAL/MIAL

The Delhi High Court bench of Justice Yashwant Varma, while adjudicating the petitions filed by the Airports Authority of India (AAI) under Section 34 of the Arbitration and Conciliation Act, 1996, has held that courts while evaluating a challenge under Section 34 would not be justified in faulting an award merely because an alternative view was possible or where they find that,...

Adverse Police Report Cannot Be A Ground For Refusing Parole: Rajasthan High Court

Rajasthan High Court has ruled that if the parole applicant did not suffer from any ineligibility for his/her release under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021 (the Rules), an adverse police report could not be a ground in itself for refusing the parole.The division bench of Justice Pushpendra Singh Bhati and Justice Manoj Kumar Garg observed that parole was a...

OCI Cardholders Before 2021 MEA Notification Eligible Either Under Indian National Or Foreign National Category For MBBS Admission: Delhi HC

The Delhi High Court has observed that Overseas Citizen of India (OCI) Cardholders, who have obtained their OCI Cards prior to a Ministry of Home Affairs (MEA) Notification dated 04.03.2021 are eligible to be considered either in the Indian National Category or the Foreign National Category for admission to the MBBS course.For context, the MEA's notification dated 04.03.2021 shifted the...

'Prima Facie' BMC Has Failed To Control The Menace Of Illegal Hawkers: Bombay High Court

The Bombay High Court on Wednesday, while castigating the Brihanmumbai Municipal Corporation (BMC) for 'failing' to control the menace of illegal hawkers within Mumbai, said it will now have a 'pragmatic' approach to resolve this long pending issue.A division bench of Justices Ajay Gadkari and Kamal Khata was irked to note that despite the 'tall claims' of the BMC in its earlier affidavits...

Army Public Schools Are Not 'State' Under Article 12, Employment Disputes Not Maintainable Under Writ Jurisdiction: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that Army Public Schools (APS) and their governing body, the Army Welfare Education Society (AWES), do not qualify as the "State" under Article 12 of the Indian Constitution.Consequently, a bench of Justice Wasim Sadiq Nargal clarified that employment disputes concerning APS teachers, governed by private contractual terms, cannot...