High Courts
Arbitration Clause In Loan Agreement Becomes Incorporated In Deeds Of Guarantee When Both Form Part Of Single Transaction: Delhi HC
The Delhi High Court Bench of Justice Jasmeet Singh has observed that contemporaneously executed Loan Agreement and Deeds of Guarantee, where the intent of the parties to incorporate the Loan Agreement into the Deeds of Guarantee is clear, the Guarantor although a non-signatory to the Loan Agreement, becomes bound by the arbitration clause in the Loan...
SRM University Demolition Row | Allahabad High Court Bars Coercive Action Till District Magistrate Decides Interim Relief Plea
The Allahabad High Court (Lucknow Bench) on Wednesday stayed the coercive action, including the ongoing demolition action, against the Shri Ramswaroop Memorial University, Barabanki, in pursuance of an eviction and penalty order passed against it under Section 67 of the UP Revenue Code, 2006. A bench of Justice Alok Mathur passed this order on a writ plea filed by the...
“Grossly Irrational”: AP High Court Quashes Order Denying Daughter Of Deceased ESI Employee Compassionate Appointment On Ground Of Marriage
The Andhra Pradesh High Court has recently set aside an order passed by the Joint Director, Insurance Medical Services (Respondent 3), who rejected compassionate appointment to the younger daughter of a deceased ESI dispensary employee on the ground that she was married and therefore was no longer dependent on her father, despite the daughter's husband being unemployed and the couple having...
Kerala High Court Rejects Plea Of "Manjummel Boys" Producers Seeking Relaxation Of Bail Conditions To Attend Award Show In Dubai
The Kerala High Court has dismissed a petition filed by Shawn Antony and Soubin Shahir, the producers of “Manjummel Boys” film, seeking relaxation of anticipatory bail conditions which prevent them from leaving India without permission of the Court.The producers, accused in a cheating case, sought to attend an award show in Dubai. Justice V G Arun however dismissed their plea.The...
Karnataka High Court Quashes Attempt To Murder Case Against IAF Officer Involved In Road Rage Incident
The Karnataka High Court recently quashed an attempt to murder case registered against an Indian Air Force Officer, who was involved in a road rage fight with a call centre employee in Bengaluru.Notably the video of the fight between the accused Shiladitya Bose and one Vikas Kumar S J had gone viral on social media. Initially based on the complaint filed by Bose's wife Madhumita, who is...
Clause 18 Of Vivad Se Vishwas-II Scheme Is Mandatory If Claim Satisfies Twin Test: Orissa High Court
The Orissa High Court, while hearing an appeal u/s 37 of the A&C Act, a Writ Petition filed by the Respondent for directions to the Appellant to consider the offer made under appeal, observed Vivad se Vishwas II (contractual disputes) scheme (“the scheme”), observed that Clause 18 of the scheme is mandatory in nature. The bench of Justice Sanjeeb K. Panigrahi observed that...
Kerala High Court Forwards Pleas Over Stray Dog Menace To Supreme Court, Retains Matters Seeking Compensation For Dog Bites
The Kerala High Court on Thursday (September 11) directed its Registrar General to transmit records of pleas relating to stray dog menace in the State to the Supreme Court, following the Top Court's recent decision to formulate a national policy on the issue.While staying a division bench direction to not release stray dogs picked up from Delhi National Capital region for vaccination, a...
'Entire Local Bar Has Gone On Strike, Genuine Apprehension': P&H High Court Transfers Suit Allegedly Filed On Behest Of Lawyer
The Punjab and Haryana High Court transferred a civil suit filed allegedly on the behest of an advocate to another court outside the jurisdiction, considering that the entire local Bar had gone on strike in support of the lawyer on whose behest the case was lodged.Justice Archana Puri said, "Each case has to be decided on its own facts and circumstances. One distinctive circumstance, in any...
Was Delay Condoned U/S 473 CrPC In 'Outraging Modesty' Complaint Against Film Director Ranjith? Kerala High Court Asks Trial Court
The Kerala High Court on Monday directed the Registry to seek a report from the trial court on whether any order was passed under Section 473 CrPC condoning the delay in taking cognizance of an offences alleged by a Bengali actress against Malayalam film director Ranjith under Sections 354 and 509 of the IPC. A bench of Justice G Girish, while considering Ranjith's plea for quashing...
Delhi High Court Protects Personality Rights Of Aishwarya Rai Bachchan, Says Unauthorised Exploitation Violates Right To Privacy
The Delhi High Court has protected the personality rights of bollywood actress Aishwarya Rai Bachchan, observing that unauthorized exploitation of personal attributes of an individual violates right to privacy and undermines the right to live with dignity.Justice Tejas Karia restrained various entities from misusing the personal attributes of the actress like her name and images by...
Judicial Decree Not 'Showpiece', Symbolic Compliance Insufficient, Executing Court Can't Deny Relief On Technicality: Rajasthan High Court
The Rajasthan High Court has held that a decree passed by a competent court cannot be permitted to remain a "mere paper decree, ornamental in nature", or reduced to the "status of a redundant document devoid of efficacy".Justice Farjand Ali in his order said: “A decree is not intended to be a showpiece hanging on the wall of litigation; rather, it must be translated into reality so as to...
'Procedure Is Handmaiden Of Justice But It Can't Be Defeated In The Name Of Substantive Rights': Delhi High Court
The Delhi High Court on Wednesday (September 10) observed that while procedure is handmaiden of justice and technicalities must not be allowed to infringe upon substantive rights of parties however, the procedural requirements cannot be “trashed” in the name of substantive rights.“Even the substantive rights have to be claimed and granted following procedure prescribed by law…The...