High Courts
When SLP Dismissal Order Is Non-Speaking, Review U/S 17 Of Arbitration Act Permissible: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh held that if an order of dismissal of the SLP is a non-speaking order and no reasoning has been given by the Hon‟ble Supreme Court for the same, then review of the order challenged is permissible. Brief Facts In the present case two applications have been filed against orders passed under section 17(2) of the Arbitration Act....
Delhi High Court Weekly Round-Up: October 14 To October 20, 2024
Citations 2024 LiveLaw (Del) 1130 to 2024 LiveLaw (Del) 1147NOMINAL INDEXEmeka Prince Lath vs. State NCT of Delhi 2024 LiveLaw (Del) 1130 GOVT OF NCT OF DELHI AND ORS versus PARMILA DEVI 2024 LiveLaw (Del) 1131 SMT USHA DEVI v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 1132 RYAN INTERNATIONAL SCHOOL v. CENTRAL INFOMATION COMMISSIONER AND ORS. 2024 LiveLaw (Del) 1133 SWARANJIT SINGH...
Industry Cannot Be Charged For Delay In Implementation Of Project If Govt Itself Failed To Remove Encroachment From Allotted Land: MP High Court
The Madhya Pradesh High Court recently condemned the act of State authorities holding a company (SPV) liable for delay in implementation of an industrial project when the authorities themselves failed to deliver vacant possession of the entire allotted land.A single-judge bench of Justice Pranay Verma sitting at Indore held that it is the duty of the respondents to have allotted encroachment...
Karnataka High Court Weekly Round-Up: October 14 To October 20, 2024
Citations: 2024 LiveLaw (Kar) 436 To 2024 LiveLaw (Kar) 443Nominal Index:Bangalore Development Authority & Anr and Sachin Nagarajappa and another matter. 2024 LiveLaw (Kar) 436Vishal Khatwani AND State of Karnataka.2024 LiveLaw (Kar) 437Keerthan Kumar & Anr AND State of Karnataka. 2024 LiveLaw (Kar) 438Veermachaneni Raghavendra Prasad AND Union of India & Others. 2024 LiveLaw...
Family Courts Should Not Insist On Physical Presence Of Parties While Presenting Petition And For Future Hearings: Madras High Court
In a significant decision, the Madras High Court has held that the Family Courts should not insist on the physical presence of the parties/spouses at the time of presenting the petition and for future hearings. Justice M Nirmal Kumar observed that virtual proceedings provided an opportunity to modernize the system and make it more affordable and citizen-friendly. The court thus held...
Child Victims Of Sexual Abuse Most Vulnerable Class Of Citizens; Statutory Support Systems Key To Empower Them: Allahabad HC
Noting that the child victims of sexual abuse are the most vulnerable class of citizens, the Allahabad High Court recently emphasized the importance of supporting such victims of sexual offences under the POCSO Act. A bench of Justice Ajay Bhanot observed that since these victims face numerous challenges, including trauma, social marginalisation, and lack of resources, which...
Recovery Of Excess Payment From Retired Employee Impermissible Without Proof Of Misrepresentation: MP HC
Madhya Pradesh High Court: Justice Subodh Abhyankar quashed a recovery order issued against a retired Auxiliary Nurse Midwife, holding that excess payment cannot be recovered from retired government employees in the absence of misrepresentation or fraud. Following Supreme Court precedents, the court ordered refund of the recovered amount with 6% interest, emphasizing that recoveries...
Karnataka High Court Denies Bail To Suspended Janta Dal (S) Leader Prajwal Revanna In Rape and Sexual Assault Case
The Karnataka High Court on Monday dismissed the bail and anticipatory pleas of suspended Janta Dal (S) leader Prajwal Revanna who has been arrested on the allegations of rape and sexual assault.A single judge bench of Justice M Nagaprasanna had reserved the order in the bail pleas, after hearing the parties.On September 19, had reserved its order on the bail application (first case) filed...
Arms License Can't Be Canceled On Mere Registration Of FIR : Patna High Court Reiterates
The Patna High Court has reiterated that mere registration of a First Information Report (“FIR”) against a person cannot be a ground to cancel his/her Arms License. The bench comprising Justice Mohit Kumar Shah heard a case where the petitioner's arms license was canceled by the District Magistrate, Supaul after finding that an FIR was registered against the petitioner. According to the...
Gujarat HC Pulls State For Delaying Acquisition, Compensation Of Land Temporarily Acquired By ONGC Years Ago; 'Depriving Landholders'
The Gujarat High Court recently expressed its displeasure at the delay by the State authorities in processing the permanent acquisition of a land, already in the possession of the Oil and Natural Gas Corporation (ONGC), under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act. The court noted that the land in question had been...
Life Convict Subsequently Sentenced To Life Or Fixed Term Shall Serve Sentences Concurrently, Separate Declaration Not Required: Kerala HC
The Kerala High Court held that when an individual is convicted to life imprisonment, any subsequent sentences imposed in other cases, whether for life or a fixed term, will be served concurrently and not consecutively, even if the Court does not explicitly state this.The Court was hearing a petition relating to Section 427 CrPC which deals with situations under which sentences should be...
School Insisting On Students To Wear Uniform Is Not 'Cruelty Against Child' U/S 75 Juvenile Justice Act: Kerala High Court
The Kerala High Court has held that the School Principal compelling students to wear uniform while in school is not an offence of cruelty to child under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.Justice A. Badharudeen said that such insistence is to maintain the discipline of school and cannot be held as an act which would cause unnecessary mental or physical...