High Courts
Even A Time-Barred Claim Can Be Introduced By Amendment If Trial Hasn't Commenced: Patna High Court
The Patna High Court, while disposing of a petition filed under Article 227 of the Constitution, challenging an order passed by the Munsif, upheld the order allowing an amendment petition under Order VI Rule 17 of the Code of Civil Procedure, 1908, for amending the plaint, while acknowledging that although the amendment appeared to introduce a time-barred claim, considering the early stage of...
What Was The Tearing Hurry? High Court On Punjab Police Recommendation To Cancel FIR Against Lawrence Bishnoi For TV Interview From Jail
The Punjab and Haryana High Court has expressed shock at the SIT, probing the TV interviews given by gangster Lawrence Bishnoi "glorifying crime and criminals" purportedly from jail, over its failure to intimate the Court about Punjab Police's recommendation to cancel the FIR in the matter. A division bench of Justice Anupinder Singh Grewal and Justice Lapita Banerji observed,"It has now come...
Scope Of Examination By Referral Court U/S 11 Of Arbitration Act Is Limited, Substantive Issues To Be Dealt With By Tribunal: Bombay High Court
The Bombay High Court Bench of Justice Firdosh P. Pooniwalla held that the scope of examination under section 11 (6A) of the Arbitration and Conciliation Act should be confined to the existence of an arbitration agreement on the basis of Section 7 of the Act. Similarly, the validity of an arbitration agreement, in view of Section 7 of the Act, should be restricted to the requirement...
General Power Of Attorney Executed Jointly By More Than One Principal Doesn't Automatically Terminate On Death Of One Principal: Madras HC
The Madras High Court has ruled that when a general power of attorney is executed jointly by more than one principal, the death of one principal would not automatically terminate the agency. Asnwering a reference, the bench of Justice R Subramanian and Justice R Sakthivel held that the question of termination would depend upon the facts and circumstances of each case and would depend...
Pro-Pakistan Sloganeering Case | Salute National Flag 21 Times Saying 'Bharat Mata Ki Jai': MP High Court's Bail Condition For Accused
The Madhya Pradesh High Court on Tuesday granted bail to a man accused of shouting 'Pakistan Zindabad Hindustan Murdabad' slogan on the condition that he shall salute the National Flag 21 times, twice a month, while raising the slogan "Bharat Mata ki Jai"A bench of Justice Dinesh Kumar Paliwal put this condition while granting bail to Faizal @ Faizan, booked under Section 153A IPC, noting...
St Stephen College Can't Alter Seat Matrix Unilaterally On Ground Of Being Minority Institute, No Unbridled Powers Against DU Policies: Delhi HC
In relation to a plea by St. Stephen College against Delhi University (DU) seeking admission of minority students, the Delhi High Court has observed that the College does not have the power to alter the seat matrix unilaterally merely on the ground that it is a minority institution.The Court stated that minority institutions do not have unbridled powers under Article 30 of the Indian...
Allahabad High Court Grants Bail To Man Accused Of Raping 'Minor' On Condition Of Marrying Her
The Allahabad High Court recently granted bail to a man accused of raping a girl, allegedly a minor, on the pretext of marriage and impregnating her, on the condition that within three months of his release, he would marry the girl and also take care of their newborn. A bench of Justice Krishan Pahal also directed him to deposit (in the form of FD) a sum of Rs.2,00,000/—in the name...
Kerala HC Directs State To Notify Hospital Based Authorization Committees For Expeditious Decision On Organ Donation Applications
The Kerala High Court has directed the State Government to notify the constitution of Hospital Based Authorization Committees to conduct an inquiry into the joint applications submitted by the donor and recipient who are not near relatives, and when the organ donation is being made out of love and affection.The Court further stated that the State Government has to ensure that qualified...
Karnataka High Court Dismisses PIL To Display MRP Of Tractors, Other Agricultural Equipments On Companies' Websites And Govt Portal
The Karnataka High Court on Wednesday dismissed a public interest litigation seeking a direction to the Central Government to make it compulsory for all manufacturers of Agricultural equipments and of Tractors, to mention the Maximum Retail Price (MRP) of their products and to display the same in the showroom and website and on the government managed agricultural portal.A division bench of...
Right To Be Considered For Promotion Survives Retirement, Persists Even If Legitimate Claim Not Acted Upon by Employee While In Service: Orissa HC
Orissa High Court: A Single Judge Bench of Justice Sashikanta Mishra dismissed the claim of Somanath Mandal, a retired employee of the Orissa University of Agriculture and Technology (OUAT), for a notional promotion. However, the court directed the university to investigate whether vacancies in the unreserved (UR) category existed during the relevant period. The court held that an...
Exporter Is Eligible For Duty Drawback Once Export Proceeds Are Realized Within Stipulated Period As Per FEMA: Delhi HC
Finding that the payments were received by the bank from third parties, specifically named in the tripartite agreement, which was backed by a firm irrevocable purchase order, the Delhi High Court ruled that duty drawback could not be denied to an exporter. Since the e-BRCs were issued by the DGFT after verification from the bank confirming the receipt of payments, the High Court...
No Privity Of Contract: Bombay HC Rejects 31.77 Million USD Appeal By Insurance Companies Against Company Providing Airport Handling Services
The Nagpur Bench of Bombay High has dismissed a Commercial appeal filed by insurance companies for recovery of an amount of 31.77 million US Dollars against a company providing airport handling services, on the ground that that there was no privity of contract between the parties.A division bench of Justice Bharati Dangre and Jusitce Abhay J. Mantri was considering the appellants' challenge...