High Courts
Woman Advocates Seeks Senior Designation After Completing 10 Years Of Practice, Cites Fundamental Duties; Bombay High Court Rejects Plea
The Bombay High Court on Monday (October 21) dismissed the plea filed by a woman advocate, who sought to be designated as a 'senior advocate' in view of her completing 10 years in legal practice.A division bench of Justices Nitin Sambre and Vrushali Joshi noted that the petitioner advocate - Manjeet Kaur (47), sought senior designation while relying on section 16 (which provides for...
Mentioning Proposed Penalty In Declaration Under SVLDR Scheme Not Incorrect: Gujarat HC
The Gujarat High Court has held that Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) is applicable to any show cause notice for penalty/late fee, irrespective of whether it is under adjudication or appeal. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt cited FAQs of the scheme as per which, any person who has a show cause notice (SCN) for demand...
Award Can Be Set Aside On Grounds Of Patent Illegality If Decision Of Arbitrator Is Perverse Or Irrational: Madras High Court
The Madras High Court Bench of Justice C.Saravanan held that patent illegality as a ground for setting aside an Award is available only if the decision of the Arbitrator is found to be perverse or so irrational that no reasonable person would have arrived at the same or the construction of the contract is such that no fair or reasonable person would take or that the view of the Arbitrator...
Bombay High Court Directs Mumbai University To File Affidavit On Minimum Attendance Requirement In PIL Over Law Students 'Absenteeism'
The Bombay High Court has directed the University of Mumbai to file an affidavit on whether the university has prescribed any minimum attendance for students to be eligible for writing the examinations.The issue concerns a PIL filed by a law professor from Mumbai University seeking enforcement of mandatory attendance requirements among law students enrolled in various colleges affiliated with...
Allahabad HC Stays Coercive Action Against Lawyer Accused Of Posting 'Indecent' Content Against Brahmin Community Online
The Allahabad High Court has stayed coercive action against a Jaunpur-based lawyer who is facing an FIR on the allegations of posting indecent content against the Brahmin community online. Listing the case for February 7, 2025, a bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi granted relief to Lawyer Barsatu Ram Saroj, as it noted that the matter...
Immoral Transaction Like Bribe Not Enforceable Under Negotiable Instruments Act: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a bribe amount does not constitute as a legally enforceable liability under the Negotiable Instruments (NI) Act.Justice Manjari Nehru Kaul said, "A payment made as a bribe, being an illegal and immoral transaction, does not constitute a legally enforceable liability. Thus, the learned trial Court correctly concluded that no...
Court Can Draw Adverse Inference Of Husband's Failure To File Income Affidavit In Wife's Plea For Interim Maintenance: Punjab & Haryana HC
The Punjab and Haryana High Court has said that the Court is constrained to draw adverse inferences against husband if despite giving ample opportunities, he fails to file Affidavit of Disclosure of Assets and Liabilities in wife's interim-maintenance plea.Justice Sumeet Goel said, "In cases where a party fails to file the Affidavit of Disclosure of Assets and Liabilities, despite being...
Cyclone Dana: Orissa High Court Asks Cuttack Authorities To Remove Bamboo Structures, Hoardings; Flags 'Artificial Scarcity' Of Commodities
The Orissa High Court on Tuesday inquired about the preparedness of the civic authorities of Cuttack city in the face of probable severe cyclonic storm 'Dana', which is likely to make land-fall on the coast of Odisha in between 24th and 25th October.A Special Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a PIL concerning the civic issues of the city of...
Bombay High Court Denies Anticipatory Bail To Father Of Another Minor Who Was Present In The Pune Porsche Car During Accident
The Bombay High Court on Wednesday dismissed the anticipatory bail application filed by the father of the second minor in the Pune Porsche accident, who was sitting next to the main accused - a Child in Conflict with Law (CCL), who allegedly was driving the car on May 19, 2024 in a high speed and killed two youth after mowing them down.Single-judge Justice Manish Pitale noted that the...
'Facts Call For Lenient Approach': Kerala High Court Reduces Sentence Of Rape Convict Admittedly In Relationship With Minor Girl
Displaying a "lenient approach" the Kerala High Court recently reduced the seven year sentence of a rape convict to one year, after noting that the convict and the minor girl were admittedly in a relationship and the latter had "voluntarily accompanied" him to Ooty where the alleged incident took place. The high court however said that as the girl was under 16 years of age at the time of...
"When You Are In Karnataka, You Should Display Signboards In Kannada Language": High Court Orally Observes In Plea By Retailers Association
The Karnataka High Court today expressed disinclination towards allowing a petition moved by Retailers Association of India, questioning the State's direction asking businesses and establishments to display 60% of the names on signboards, in Kannada language.The State had issued a circular to this effect on February 26, 2024, following amendments to the Kannada Language Comprehensive...
Tribunal's Award However Erroneous, Must Be Challenged U/S 34 Of Arbitration Act, Court Cannot Exercise Writ Jurisdiction: Bombay HC
The Bombay High Court Bench of Justice Arun R. Pedneker held that when the 'Award' is made by the Facilitation Council / Tribunal by exercising jurisdiction vested in it, however erroneous the 'Award' may be, the same has to be challenged only by invoking Section 34 of the Arbitration Act. This court would not exercise jurisdiction under Articles 226 and 227 of the Constitution of...