'National Security Policy Can't Be Stalled On Technicalities': Madras High Court Upholds Conversion Of Ordnance Factories Into Defence PSUs

The Madras High Court recently dismissed a petition filed against the decision of the Union Government's decision to convert production units of Ordnance Factory Board into seven Defence Public Sector Units. The bench of Justice R Suresh Kumar and Justice Hemant Chandanagoudar rejected the argument put forward by the employees' association that the decision was made even before...

Delhi High Court Grants Bail To Law Graduate Accused In Mother's Murder, Cites Welfare Of Minor Child

The Delhi High Court has granted bail to a young law graduate booked for the murder of her mother, citing the welfare of her minor child.Justice Sanjeev Narula observed, “The Applicant is a young woman aged 28 years and a single mother to a minor child, who has reportedly been left in the care of her husband's relatives, as the husband is not attending to the child. Prolonged incarceration,...

Delhi High Court Sets Out Key Principles To Determine Maintenance, Calls For Reasoned Orders By Family Courts

The Delhi High Court on Wednesday set out the key principles to be followed while determining maintenance to the wife and child, while also calling for reasoned orders by Family and Mahila Courts in the national capital. Justice Swarana Kanta Sharma emphasised that orders granting interim maintenance in matrimonial cases must be based on a clear and reasoned assessment of income...

Auction Purchaser Must Verify Dues In “As Is Where Is” Sale; Bank Not Liable for Undisclosed Liabilities: Allahabad High Court

Recently, the Allahabad High Court has held that it is the duty of the auction purchaser to check the dues and liabilities on the property being auctioned on "as is where is", "as is what is and "whatever there is" basis.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held:“once a person participates in any auction while having knowledge that the property is being...

Delhi High Court Sentences Man To One Month Jail For Threatening Local Commissioner With Gun

The Delhi High Court on Wednesday sentenced a man to one month of simple imprisonment, along with Rs. 2,000 fine for threatening a Court appointment Local Commissioner with a pistol during execution of the commission. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta held the man, Nitin Bansal, guilty of criminal contempt and disposed of the suo...

Monetary Compensation Must Be Granted From Date Of Application When Compassionate Appointment Is Denied: Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that if compassionate appointment is denied then employer must grant the monetary compensation from date of application for the compassionate appointment. Background Facts The employee was a Piece Rated worker at Central Coalfields Limited (CCL) Dhori...

Anil Ambani Withdraws Plea Against IDBI Bank's Fraud Proceedings After Bombay High Court Declines To Intervene

The Bombay High Court on Tuesday allowed industrialist Anil Ambani to withdraw his petition by which he sought a directive to the IDBI Bank against proceeding with the personal hearing in connection to a show cause notice (SCN) issued to him for declaring his loan account as "fraud."Single-judge Justice Sandesh Patil presiding over the vacation court, after hearing Ambani's counsel, expressed...

Petition U/S 34 A&C Act Filed With Deficit Court Fee Is Non-Est Unless Paid Within Limitation Period: Madras High Court

The Madras High Court held that filing of a petition with deficit court fee does not amount to proper presentation. If the entire court fee is not deposited within the limitation period under section 34(3) Arbitration and Conciliation Act, 1996 (Arbitration Act), the court is divested of its power to condone the delay. Justice N. Anand Venkatesh held that "filing of a petition...

Test Of Prejudice Irrelevant When Tribunal Is Constituted Without Consent Of JV Partner: Madras High Court Sets Aside Arbitral Award

The Madras High Court set aside an arbitral award passed against M/s Nilakantan & Brothers Constructions Pvt. Ltd. (“the petitioner”) on the ground that since the arbitral tribunal was constituted without obtaining the consent of a Joint Venture Partner, it lacked jurisdiction. The court further held that the appointment cannot be validated merely on the ground that no...

Family Pension Cannot Be Deducted While Calculating Loss Of Income In Motor Accident Claims: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that while computing the loss of income in a motor accident compensation case, it would not be permissible to deduct the pensionary amount received by the dependents of the deceased.Justice Sanjay Dhar, while dismissing an appeal filed by Reliance General Insurance Company, ruled that “for the purpose of computing the loss of income,...

Grandparents Executing Adoption Deed On Behalf Of Unmarried Daughter Is Valid If Done With Her Consent: Madras High Court

The Madras High Court recently held that in case of adoption of an unmarried woman's child, an adoption deed executed by the grandparents would be valid, when it is shown that the mother had concurred to such adoption. “The mere fact that the grandparents of the child had executed the adoption deed alone cannot make the adoption deed invalid so long as the adoption deed was...

AO Cannot Rely Solely On Sales Tax Dept Data To Add Bogus Purchases Without Granting Cross-Examination: Bombay High Court

The Bombay High Court has held that the Assessing Officer (AO) cannot rely solely on Sales Tax Department Data for an income tax addition without granting cross-examination.Justices G.S. Kulkarni and Aarti Sathe stated that, "when the VAT assessment was pending adjudication, merely relying on the information of the Sales Tax Department without granting an opportunity to the Assessee...