O.37 R.3 CPC | Courts Can Allow Conditional Leave To Defend Summary Suits, With Terms Tailored To Specific Facts Of Each Case: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently reiterated that under Order 37 Rule III of the Civil Procedure Code (CPC), courts retain the discretion to impose conditions on a defendant seeking leave to defend a summary suit.A bench of Justice Javed Iqbal Wani accentuated that this discretion is exercised based on the specific facts and circumstances of each case, and upon...

Wife Can't Be Denied Maintenance Merely Because She Is Qualified Unless It's Proved That She Quit Job Just For Seeking Allowance: Punjab & Haryana HC

The Punjab & Haryana High Court has said that maintenance cannot be denied merely because the wife is professionally qualified unless it is proved that she has given up a profession just for seeking the maintenance allowance.Justice Sumeet Goel said,"The wife merely by virtue of being educationally qualified cannot be held disentitled to seek maintenance, until and unless it is proved...

Rejecting Plaint Citing SARFAESI Act When Pleadings Claiming Fraud Are Under Specific Relief Act, Amounts To Miscarriage Of Justice: Bombay HC

While hearing a plea concerning the trial court's dismissal of a suit claiming fraud and collusion by a bank and the shareholders of a company, the Goa Bench of the Bombay High Court said that the rejection citing Section 34 SARFAESI Act amounted to miscarriage of justice, as the pleadings and reliefs were sought under the Specific Relief Act. For context, Section 34 of Securitisation...

Administrative Tribunal Cannot Alter Punishment Unless It Records That Dismissal Was Disproportionate To Charges Levelled: Karnataka HC

The Karnataka High Court has held that unless a finding is recorded that the punishment of dismissal from service imposed on a government employee is disproportionate to the gravity of the charges levelled, the Karnataka Administrative Tribunal will not get jurisdiction to substitute the punishment.A division bench of Justice S G Pandit and Justice C M Poonacha allowed the petition filed by...

Delhi High Court Dismisses Plea Challenging Recalculation Of Arbitral Fees, Upholds Separate Fee Calculation For Claims & Counterclaims

The Delhi High Court Bench of Justice Sachin Datta has held that the arbitral tribunal had correctly applied the IVth Schedule of the Arbitration and Conciliation Act, 1996, in recalculating the fees separately for the claims and counterclaims. Additionally, the court held that invoking Section 39(2) of the Arbitration and Conciliation Act, 1996 was premature since no award had...

Bombay HC Quashes Session Judge's Suo Moto Exercise Of Revision Power, Says 'Uncalled Activism' Would Create Hindrance In Legal Proceedings

While quashing a Sessions Court's order taking suo moto cognizance of a Magistrate's order, the Nagpur bench of the Bombay High Court has observed that the suo moto powers have to be used sparingly and when there is a prima facie reason to exercise such powers. It noted that uncalled use of suo moto powers causes unnecessary hindrance to the legal proceedings.A division bench of Justice...

[Wayanad Landslides] ₹782.99 Crores Available With State Disaster Response Fund Including ₹291 Crore Central Share: UoI To Kerala High Court

Following queries by the Kerala High Court regarding disbursal of funds for disaster relief in Wayanad, the Central government today filed a statement claiming that Rs. 782.99 crore is available in State's Disaster Response Fund including Rs. 291.20 crores released by the Union government.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. has now...

[Seat vs Venue] Bombay High Court Upholds Arbitrator's Discretion To Change Venue Of Arbitral Proceedings

The Bombay High Court bench of Justice Arun R. Pedneker has held that an arbitrator has the authority to change the venue to a conveniently located place even if the venue is specified in the agreement. The court held that the arbitrator may shift the venue if conducting proceedings at the agreed venue would be detrimental to the arbitration process. It observed that Section 20(3) does...

High Court Issues Notice On MLA Kartar Singh Tanwar's Plea Against Disqualification From Delhi Assembly

The Delhi High Court on Friday issued notice on a plea moved by MLA Kartar Singh Tanwar against his disqualification from Delhi Legislative Assembly by the Speaker.Justice Sanjeev Narula sought response of the office of the Legislative Assembly's Speaker as well as MLA Dilip Kumar Pandey who filed the disqualification petition against Tanwar. Tanwar contested the General Elections to the...

Punjab & Haryana High Court Allows Witness Living Abroad To Appear Through WhatsApp Video Call

Observing that it would be highly unfair to put witnesses to unnecessary difficulties when she wish to appear through ordinary video call instead of going to embassy, the Punjab & Haryana High Court has allowed a witness living in America to appear in trial court through WhatsApp video call.According to Video Conferencing Rules, if a witness is staying abroad then she is required to...

Dept Can't Justify Retention Of Refund Claim On Account Of Having Been Deposited Voluntarily By Taxpayer: Delhi HC

The Delhi High Court held that when the payment of refund was delayed, the assessee automatically becomes entitled to interest u/s 42 of the DVAT Act. After the assessee succeeds in vindicating its stand that its claim for refund was correct, it would follow that that the assessee would be refunded the amount claimed and interest would be payable, added the High Court. The High...

[NDPS Act] Person Cannot Be Prosecuted For Allegedly Smoking 'Beedi' Containing 'Ganja' Without Forensically Examining 'Beedi': Kerala High Court

The Kerala High Court has quashed the proceedings initiated against a man for allegedly smoking a beedi filled with ganja on finding that the beedi was not subjected to forensic examination.The proceedings were initiated against the man under Section 27 (b) of the NDPS Act. Section 27 (b) provides imprisonment for up to six months or ten thousand rupees fine or both for consuming narcotic...