High Courts
Kerala High Court Weekly Round-Up: October 7 – October 13, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 617 – 633]Shastra Sharman Namboothiripad and Others v State of Kerala, 2024 LiveLaw (Ker) 617Santhosh K S v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 618Suo Motu Proceedings Initiated by High Court v State of Kerala and Others, 2024 LiveLaw (Ker) 619Abdul Noushad @ Noushad Ahsani v State of Kerala, 2024 LiveLaw (Ker) 620Navas P K...
Gujarat High Court Asks Govt Pleader To Issue Directions For Drafting 'Proper' Affidavits, Providing 'Para-Wise' Reply To Pleas
While hearing a matter pertaining to fair compensation in view of land acquisition, the Gujarat High Court said that it had come across various matters, wherein affidavits filed by officers of the State in reply to writ petitions, were bereft of "para-wise" replies. In doing so the court also called for drafting of proper affidavits–not only stating the facts, but also providing para wise...
Reservation For Persons With Disabilities: Gujarat HC Notes "Misunderstanding" In Chief Secretary's Mind On Implementation of Relevant Laws
While hearing a PIL petition for implementing the mandate of the Rights of Persons with Disabilities (RPwD) Act 2016 as well as an earlier law, concerning reservation for persons with disabilities in government establishments, the Gujarat High Court noted the "clear misunderstanding" in the mind of the state's Chief Secretary on the laws' implementation. It also noted that the manner in...
Petition Under Article 227 Not Maintainable Against Orders Of Tribunal When Remedies U/S 34 & 37 Of Arbitration Act Are Available: Allahabad HC
The Allahabad High Court Lucknow Bench of Justice Subahsh Vidyarthi observed that petition filed under Article 227 of the Constitution of India challenging the order passed by the Arbitral Tribunal directing the petitioners to provide a copy of the contract between the parties and the final bill to the claimant, cannot be entertained. In the present case, a petition under Article 227 of...
GST Fraud | Benefit Of S. 437 CrPC Can't Be Given To Women Who Are 'Powerful' & When Offence Affects Public At Large: Allahabad HC
The Allahabad High Court recently denied bail to a mother-son duo who are accused of creating several fake companies on paper (by collecting citizens' PAN and Aadhaar card details) to fraudulently claim input tax credit (ITC) and thereby cause the government massive losses. A bench of Justice Manju Rani Chauhan observed that bail could be denied in cases relating to economic offences...
Proceedings U/S 498A IPC By Second Wife Are Not Maintainable, Reiterates Allahabad High Court
The Allahabad High Court has reiterated that proceedings under Section 498-A (for the offence of cruelty) of the IPC by the second wife are not maintainable. A bench of Justice Anish Kumar Gupta observed thus while relying upon the Top Court's rulings in the cases of Shivcharan Lal Verma v. State of M.P 2002, Shivakumar and others Vs. State and Allahabad High Court's recent decision...
Decision To Treat Employees Quitting Service Due To Disability Differently From Those Retiring On Superannuation Is A Policy Matter: Kerala High Court
A single Bench of Kerala High Court comprising Justice N. Nagaresh dismissed a writ petition filed by P.K. Jayan, a goods auto driver, seeking enhancement of his disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. The court ruled that the petitioner was only entitled to the disability pension as per the Scheme's provisions, not the higher...
Second Application U/S 125 CrPC Is Maintainable Even If First Plea Was Dismissed Sans Liberty To File Afresh: Allahabad HC
The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC would be maintainable even though the first plea was dismissed without providing the liberty to file fresh. A bench of Justice Saurabh Lavani also added that a man's refusal to support his wife and children, whom he is bound to support under the law, would be covered under...
"Any Objection Regarding Non-Applicability Of MSMED Act Can Be Decided By Arbitral Tribunal U/S 16 Of A&C Act": Delhi High Court
The Delhi High Court division bench of Chief Justice Manmohan and Justice Tushar Rao Gadela, while hearing an appeal, has upheld the order passed by a single-judge bench wherein it was held that the question of whether an entity was an MSME at the relevant time was to determined by the tribunal under section 16 of A&C Act and not the writ court. Facts Overview: GAIL issued...
Principle Of Judicial Non-Interference Is Fundamental To Both Domestic & International Arbitral Proceedings: Delhi High Court
The Delhi High Court Bench of Justice Subramonium Prasad observed that it is well settled that the principle of judicial non-interference in arbitral proceedings is fundamental to both domestic as well as international commercial arbitration and that the Arbitration Act is self contained code. In this case, a petition under section 11(5) of the Arbitration and Conciliation Act (Act)...
Gujarat High Court Quashes Overtime Wage Award To Surat Fire Brigade Employees; Evidence Found Insufficient
A Division Bench of Gujarat High Court comprising Justice A.S. Supehia and Justice Gita Gopi overturned the Industrial Tribunal's award that directed the Surat Municipal Corporation to pay overtime wages to fire department employees. The court held that there was no sufficient evidence to prove that the employees had worked overtime beyond their 12-hour shifts between 2001 and 2017. It...
Long-Standing Consensual Adulterous Physical Relationship Doesn't Amount To Rape: Allahabad High Court
The Allahabad High Court recently observed that a long-standing consensual adulterous physical relationship wouldn't amount to rape within the meaning of Section 375 IPC. A bench of Justice Anish Kumar Gupta observed this while quashing entire criminal proceedings against a man who had been accused of raping a woman on the pretext of a promise to marry her. The Court noted that...