Order Passed By Emergency Arbitrator Under DIAC Rules 2023 Can Only Remain In Operation For 90 Days: Delhi High Court

The Delhi High Court, while hearing an appeal u/s 37 of the A&C Act filed against the the Award dated 11.12.2024 (“Impugned Award”) passed by the Emergency Arbitrator under the Delhi International Arbitration Center (Arbitration Proceedings) Rules, 2023 (“Rules of 2023”) observed that the terms 'Emergency Arbitrator' and 'Arbitral Tribunal' are not interchangeable. Rule...

Industrial Disputes Act | Govt Can't Amend Industrial Dispute Reference Without Fresh Demand: HP High Court

The Himachal Pradesh High Court has held that in the absence of any demand or dispute regarding termination the government does not have any authority to refer the issue to the Labour Court.The Court clarified that such termination could only be taken up through a fresh industrial dispute or a direct application under Section 2A of the Industrial Disputes Act.Justice Ajay Mohan Goel...

Kerala High Court Upholds Applicability Of TDS On Interest Paid By Primary Co-operative Societies To Members

The Kerala High Court has recently upheld the applicability of Tax Deducted at Source (TDS) on interest payments made by primary co-operative societies to their members.Justice Ziyad Rahman A A, dismissed a batch of writ petitions filed by several co-operative banks and credit societies challenging the proviso to Section 194A (3) of the Income Tax Act 1961. For context, Section 194A deals...

Kerala High Court Monthly Digest: October 2025 [Citations 617 - 698]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 617 - 698]R. Suresh Babu v. State Co-operative Election Commission and Ors., 2025 LiveLaw (Ker) 617Sravan Kumar Neela v. Assistant Commissioner of Income Tax, 2025 LiveLaw (Ker) 618K.G. Rejimon v. State of Kerala, 2025 LiveLaw (Ker) 619Dr. A M Muraleedharan v The Senior Divisional Manager, LIC and Another and connected case, 2025 LiveLaw (Ker)...

Suit Filed Before SC's Patil Automation Judgment Can't Be Returned For Non-Compliance Of S.12-A Commercial Court Act: Allahabad High Court

Recently, the Allahabad High Court has held that a commercial court instituted prior to the Supreme Court's judgment in Patil Automation Private Limited and others Vs. Rakheja Engineers Private Limited cannot be returned for non-compliance of Section 12-A of the Commercial Court Act, 2015.It held that the mandate in the judgment regarding compulsory per-institution mediation and settlement as...

'Detention Based On 5-Year-Old FIR Suggests Lack Of Proximate Link': J&K&L High Court Quashes Preventive Detention Order Under Public Safety Act

The Jammu & Kashmir and Ladakh High Court has held that a preventive detention order cannot be sustained when it is based on a stale and remote incident, observing that a five-year gap between the alleged offence and the detention demonstrates the absence of a live and proximate link between the two.Justice Moksha Khajuria Kazmi was hearing a petition filed challenging the detention order...

Only Sessions Court Can Order Further Probe Upon Committal Of Case, Not Ilaqa Magistrate: Delhi High Court

The Delhi High Court has ruled that upon committal of a case, only the Court of Sessions can order further investigation and not an ilaqa magistrate. “After committal of the case by the Magistrate, it is the Court of Session that is trying the case. The proviso to Section 193(9) BNSS does not leave any doubt that after committal, the power to order further investigation is with the Court...

Interest Of Homebuyers Paramount In Insolvency Process Of Real Estate Company: Allahabad High Court

The Allahabad High Court has held that the interest of the homebuyers is paramount in an insolvency resolution process of a real estate company as it directly impacts their rights and interests.Justice Arun Kumar held“In an insolvency resolution process of a real estate company the primary concern is the interest of a homebuyer in the real estate project. The homebuyers are vital...

Delhi High Court Allows Couple To Proceed With Surrogacy Despite Husband Crossing Statutory Age Bar

The Delhi High Court has permitted an intending couple to move ahead with surrogacy procedure, despite the husband being above the maximum age limit prescribed under the Surrogacy (Regulation) Act, 2021.Justice Sachin Datta noted that since the couple initiated the surrogacy procedure prior to enforcement of the enactment, the age bar under Section 4(iii)(v)(c)(I) shall not be applicable to...

Relationship Began Before She Took Admission: MP High Court Reinstates Professor Accused Of Sexually Harassing Student

The Madhya Pradesh High Court has set aside the termination of a professor from the Indira Gandhi National Tribal University accused of sexually harassing and exploiting a female student, after noting that the relationship between the two was going on prior to her admission in 2021. Quashing the charges of sexual harassment, the court directed his reinstatement into service "forthwith"....

Bail Condition Restricting Doctor From Running His Medical Centre Does Not Violate Right To Livelihood: Delhi High Court

The Delhi High Court has made it clear that a bail condition, precluding a doctor, allegedly involved in a medical offence, from running his own medical centre, does not violate such a doctor's right to livelihood under Article 19(1)(g) of the Constitution.Justice Subramonium Prasad held,“the Applicant, who is a doctor, who can carry out his profession as a doctor by being associated with...

Kerala High Court Acquits Assam Migrant Labourer Who Was Sentenced To Death In Rape-Murder Case Of 60 Yr Old

The Kerala High Court on Friday (October 31) acquitted Parimal Sahu, the migrant labourer from Assam, who was accused of the rape and murder of a 60-year-old widow in Puthanvelikkara Grama Panchayat in Ernakulam district in 2018.The Division Bench comprising Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian reversed the finding of guilt by the Additional Sessions Judge, North...