High Courts
Housewife Landlady Can Require Tenanted Premises For Husband's Welfare, Familial Duties: Delhi High Court
The Delhi High Court has observed that a landlord being the “housewife landlady” can require the tenanted premises from the tenant for husband's welfare and family duties, which would qualified as “bona fide requirement.”While dealing with an eviction plea matter, Justice Saurabh Banerjee said that the fact that the husband was elder and dependent on the landlady wife was sufficient...
Courts Not Expressly Barred From Dismissing Petitions Under Arbitration Act For Non-Prosecution: Gujarat High Court
The Gujarat High Court held that negligence or inaction on the part of counsel cannot justify condonation of unexplained and long delay. The court further held that the court is not prohibited from dismissing the petitions under section 34 for non prosecution. Justice Maulik J. Shelat held that “there is no express bar under the Act, 1996 not to dismiss such applications...
Unsaid Words Can Also 'Promote Enmity' Under BNS: Allahabad High Court On 'Subtle' Religious Undertones In WhatsApp Message
The Allahabad High Court has observed that even a WhatsApp message not explicitly referring to religion may, through its 'unsaid' words and 'subtle' message, promote enmity, hatred or ill-will between communities. A Bench of Justice JJ Munir and Justice Pramod Kumar Srivastava observed thus while refusing to quash an FIR lodged against petitioner (Afaq Ahmad) who had allegedly...
Promotion Takes Effect Only From Actual Promotion Date Or DPC Approval, Not Retrospectively From Date Of Current Duty Charge: Patna HC
A Division bench of the Patna High Court comprising Justice Sudhir Singh and Justice Rajesh Kumar Verma held that promotion takes effect only from actual promotion date or DPC approval and not retrospectively from date of current duty charge. Background Facts The respondent was appointed as an Assistant Engineer in the Civil Construction Wing of All India Radio on 19.12.1990. He...
Judge Can Seek Further Assistance Even After Reserving Judgment; Can't Be Forced To Pronounce Verdict: Delhi High Court
The Delhi High Court has observed that a judicial officer cannot be forced to pronounce a verdict without adequate clarity or assistance on the issue, whenever required. Emphasizing on independence of judiciary, Justice Arun Monga said that when a judge is of the mind that the judgment cannot be pronounced on the material available on record and further assistance is required for...
Order Terminating Proceedings For Non-Payment Of Arbitral Fees Can Be Challenged U/S 14 A&C Act, Not Through Writ Petition: Bombay HC
The Bombay High Court held that when the arbitration proceedings are terminated under section 38(2) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for non-payment of arbitral fees, the proper remedy is to file application under section 14 of the Arbitration Act and not a writ petition. Justice Manish Pitale held that “in situations where the arbitral proceedings...
Actress Lakshmi Menon Moves Kerala High Court For Quashing Abduction Case
Actress Lakshmi Menon has moved the Kerala High Court seeking to quash the criminal case initiated in alleged abduction and assault case.Earlier, the High Court had granted anticipatory bail to the actress and other accused persons in the crime after noting that the matter had been settled between the parties. The de facto complainant had stated the complaint was filed based on...
NCLT President Cannot Transfer Cases Beyond Territorial Jurisdiction Of Bench: Gujarat High Court In Essar Steel Insolvency Case
The Gujarat High Court has recently held that the President of the National Company Law Tribunal (NCLT) has no authority to transfer cases from one State to another through administrative orders.The ruling came in proceedings linked to the Essar Steel insolvency process, where the court also found that repeated recusals by NCLT Members in Ahmedabad were neither "legal" nor "justified."A...
State Can Keep Trafficking Victims In Govt Home Even After Attaining Majority If 'Release Not In Their Best Interest': Telangana High Court
While hearing a habeas corpus plea alleging illegal detention of two 19-year-olds in a State Home, the Telangana High Court held that the detenues–stated to be victims of trafficking–being major would not automatically mean that they must be released upon attaining majority if it is not in their best interest. A division bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen...
Right To Life Includes Observing Religious Duties, Personal Obligations: Delhi High Court In UAPA Case
The Delhi High Court has observed that the right to life under Article 21 of Constitution of India includes observing an individual's religious duties and personal obligations. “Article 21 of the Constitution guarantees the right to life and personal liberty, which encompasses within its ambit the right to live with human dignity and to observe one's religious duties and...
Compensation U/S 3G National Highways Act Can Be Challenged Under Arbitration Act, Writ Petition Not Maintainable: Allahabad High Court
The Allahabad High Court has held that compensation awarded under Section 3G of the National Highways Act, 1956 can be challenged under the Arbitration and Conciliation Act, 1996 and writ petitions for the same will not be maintainable.A bench of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta held“Section 3G(6) of the Act, 1956 expressly provides that the provisions of...
Karnataka High Court Tells BSNL To Consider Plea For Installing Tower In Village Without Any Mobile Connectivity
The Karnataka High Court has directed the Bharat Sanchar Nigam Limited to consider a representation for installing mobile network towers in the Bhavani Bijalgao village, of Kamalanagar Taluk, Bidar District, as residents of the said locality are unable to avail of various services and benefits for want of connectivity.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha...