High Courts
Arbitral Tribunal Acted With Patent Illegality, Against Indian Law In Awarding Reimbursement Of Service Tax Along With Interest: Calcutta High Court
The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya observed that award passed by Arbitral Tribunal was tainted with patent illegality and contravened the fundamental policy of Indian law. The award was challenged under section 34 of the Arbitration and Conciliation Act (act). The court set aside the award in which South Eastern Railway (railway) was directed to reimburse...
Withholding Bail When Court Deemed It Fit To Release Accused Amounts To Punishment: Delhi High Court
The Delhi High Court has held that where a Court deems it fit to release an accused on merits, withholding bail amounts to a punishment.“Therefore, if a Court on merits deems it fit to release an accused on bail, withholding the aforesaid relief will amount to be considered as a punishment,” Justice Chandra Dhari Singh said. The Court made the observation while granting regular bail to...
Legal Internships Do Not Amount To Active Legal Practice: Delhi High Court
The Delhi High Court has recently observed that legal internships undertaken as law students do not amount to “active legal practice” after being enrolled as an advocate.“Internships undertaken as part of legal education, though valuable in providing practical exposure, do not satisfy the professional experience requirement for practicing law,” Justice Sanjeev Narula observed.The...
Writ Petition Not Maintainable Against Refusal Of Interim Injunction If Decided After Hearing All Parties: Karnataka High Court
The Karnataka High Court has said that only an appeal can be filed against an order refusing interim injunction if the order is passed after hearing all the parties to the proceedings and a writ petition challenging the same is not maintainable.A single judge bench of Justice Suraj Govindaraj held thus while dismissing a petition filed by one Vishwanath Baati. The petitioner had sought...
S. 156 (3) CrPC | Magistrate Can't Refuse Direction To Lodge FIR Merely Because Facts Are In Applicant's Knowledge: Allahabad HC
The Allahabad High Court has observed that merely because the facts of an alleged crime are in the knowledge of the applicant, who moves an application under Section 156 (3) CrPC, a magistrate can't refuse a direction to the Police to lodge an FIR. A bench of Justice Manju Rani Chauhan added that the gravity/seriousness of the offence, the requirement of the evidence to launch...
Weekly, National Holidays Not Excluded From Length Of Work Experience: Rajasthan HC Reiterates In Lab Technician's Case Seeking Bonus Marks
Dismissing a plea against an order asking the State to consider awarding a female lab technician "bonus marks" as per her actual work experience without excluding Sundays/National Holidays, the Jodhpur bench of the Rajasthan High Court reiterated that as long as a Laboratory Technician/Assistant works in the lab, the "experience" obtained by them must be counted. In doing so, the division...
Three New Judges Of Gujarat High Court Take Oath
Justices Sanjeev Jayendra Thaker, Deeptendra Narayan Ray and Maulik Jitendra Shelat were sworn in as the judges of the Gujarat High Court on Thursday (October 10), following the Central Government's notification regarding their appointment.The oath was administered to the three judges by Chief Justice Sunita Agarwal, in the presence of the judges of the high court and other dignitaries...
'Media Too Has Right To Free Speech': Kerala HC Refuses To Gag Reporting On Wayanad Rehabilitation But Calls For "Responsible Journalistic Conduct"
After reports purportedly criticizing the Kerala government and State Disaster Management Authority (KSDMA) over quantum of funds put towards rehabilitation process in landslide hit Wayanad, the Kerala High Court has called for responsible journalistic conduct from the media personnel.Though the Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. refused to...
Calcutta High Court Takes Suo Motu Cognisance Of Matters Concerning Prisoners With Mental Illness And Mental Disabilities In Bengal
The Calcutta High Court bench of bench of Justices Joymalya Bagchi and Gaurang Kanth is currently hearing a matter on the state of mental health care and treatment facilities and services in prisons in West Bengal, and the condition of prisoners with mental illness and disabilities including prisoners found unfit to stand trial. The hearings in The Court on its Own Motion: In re: UTP Dipak...
AO Can't Refer Assessee's File To Joint Commissioner For Levying Penalty U/S 271D Of IT Act Without Recording “Satisfaction”: Delhi HC
The Andhra Pradesh High Court has held that an Assessing Officer cannot refer an assessee's file to the Joint Commissioner of Income Tax for levying penalty under Section 271D of the Income Tax Act, 1961 without recording its “satisfaction”.Section 271D of the Income Tax Act prescribes the penalty to be imposed on a taxpayer for taking loan or deposits in contravention of Section 269SS....
St Stephen's PG Seats Allocation: Delhi High Court Holds DU Officials Guilty Of 'Wilful Disobedience'
The Delhi High Court has found Delhi University (DU) officials to be in "wilful disobedience" of its order, where the DU was directed to allocate proportionate number of PG seats to St. Stephan College.The case relates to a petition filed by St. Stephan College, which sought the allocation of a proportionate number of PG seats by the DU or alternatively, the formulation of guidelines...
"We Need To Get Wayanad Back": Kerala High Court Seeks Centre's Response Over Non-Disbursal Of Relief Funds After Landslides
The Kerala High Court today sought response from the Central government regarding disbursal of funds for disaster relief in Wayanad.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. had previously noted that the National Disaster Management Response Fund and the Prime Minister's Relief Fund have not released any amounts for Disaster Relief to the State...