High Courts
Consumer Complaint Is Not Maintainable Against Corporate Debtor During Subsistence Of Moratorium: Bombay High Court
The Nagpur Bench of the Bombay High Court, comprising of Justice M.M. Nerkiar, has held that the consumer complaint before the District Consumer Dispute Redressal is not maintainable if the insolvency of the corporate debtor has been admitted during the continuance of the moratorium. The petition was filed against the order of the District Consumer Dispute Redressal. In the...
Rajasthan High Court Declares GAFTA London Award Enforceable As Decree; Reiterates Narrow Scope Of “Public Policy” U/S 48 Arbitration Act
The Rajasthan High Court dismissed objections against the enforcement of a foreign award raised by Raj Grow Impex LLP stating that the scope of interference is extremely narrow at the enforcement stage and that an award holder having won before both the tribunal and appellate tribunals should not be left to feel that he has won the battle but lost the war. Justice Anoop Kumar Dhand...
Kerala High Court Closes Plea Against DDE Order In Hijab Row Case After Student Withdraws Admission
The Kerala High Court on Friday (October 24) closed a plea by St Rita's School challenging a notice by Deputy Director of Education (DDE) Ernakulam to permit a girl student to attend classes wearing a headscarf, after the court was informed that her parents had decided to withdraw her admission. After hearing the submission made by the student's counsel the State said that it does not want...
Court May Direct Deposit Of 100% Of Awarded Amount Before Granting Stay U/S 36(3) Arbitration Act: Orissa High Court
The Orissa High Court held that directing a 100% deposit of the awarded amount as a pre-condition for granting stay under section 36(3) of the Arbitration and Conciliation Act, 1996 (Act) is legally valid and consistent with the settled jurisprudence of the Supreme Court. Dr. Justice Sanjeeb K. Panigrahi held that “where the arbitral award is in the nature of a money decree,...
Cock Fights Can't Be Given Cultural Status In Tamil Nadu, No Legal Right To Conduct It: Madras High Court
The Madras High Court recently observed that there was no legal right to conduct a cock fight as the Statute expressly prohibits an animal fight organised by humans. Justice GR Swaminathan noted that Section 11(1)(m)(ii) and Section 11(1)(n) of the Prevention of Cruelty to Animals Act penalise any person who entices any animal to fight any other animal or who organises, keeps, uses...
No Employee, Including Retirees, Has Vested Right To Perpetually Reap Benefits Of Employer's Mistake Of Erroneous Payments: J&K HC
A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that recovery of erroneously paid benefits from retired low-level employees is impermissible, but correction of future pay/pension is allowed. Further that no employee, including one who has superannuated, possesses a vested right to perpetually reap the benefits...
Gujarat High Court Refuses To Quash Corruption Charges Against Former SEZ Officers Booked For Favouring Illegal Metal-Scrap Import
The Gujarat High Court refused to quash forgery, cheating and corruption charges against two former Kandla Special Economic Zone (KASEZ) officials accused of filing a false inspection report in respect of an entity importing metal scrap by allegedly fraudulently diverting duty-free imported materials into open market. A Letter of Permission (LOP) dated 24.01.2002 was issued by...
Questioning Husband's Legitimacy, Casting Aspersions On His Mother Amounts To Mental Cruelty: Delhi High Court
The Delhi High Court has held that questioning husband's legitimacy by calling him bastard and making reprehensible allegations against his mother constitute matrimonial cruelty, a ground for divorce.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar thus upheld the divorce decree granted by the family court in favour of Respondent-husband.Appellant-wife had...
Kerala High Court Express Displeasure Over Delay In Fund Disbursal For Human-Wildlife Conflict Mitigation
The Kerala High Court recently (October 22) expressed displeasure over the State's delay in releasing funds sanctioned for projects aimed at mitigating human–wildlife conflicts, despite the measures being declared urgent under a disaster management framework.The division bench comprising Dr. Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian were hearing petitions concerning...
State Govt Took No Effective Steps For 30 Years: Bombay High Court Constitutes High Power Committee To Protect Sanjay Gandhi National Park
Considering that since last 30 years, the Maharashtra Government has failed to protect the Sanjay Gandhi National Park (SGNP) at Mumbai's Borivli area, the Bombay High Court recently appointed a High Power Committee (HPC) under former Allahabad High Court Chief Justice (retd.) Dilip Bhosale, to suggest measures to the State to protect that forest region.A division bench of Chief Justice...
Provisions Of SC/ST Act Can't Be Used To Prevent Banks From Enforcing Security Interests: Delhi High Court
The Delhi High Court recently held that prima facie, the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot be invoked to prevent the enforcement of a mortgage or security interest by a bank.A single bench of Justice Sachin Datta while staying a summons issued by the National Commission for Scheduled Tribes (NCST) to Axis Bank's top...