High Courts
Hindu Marriage Doesn't Become Invalid Merely Because It Is Not Registered: Allahabad High Court
The Allahabad High Court has held that a Hindu marriage does not become invalid merely because it is not registered, and therefore, a Family Court cannot insist on the production of a marriage registration certificate in a mutual divorce petition. The court added that while the State Governments are empowered to make rules for registering such marriages, their purpose is only to...
Kerala High Court Quashes State's Order For Removal Of Sedimentation From Periyar River, Calls For Comprehensive Solution
The Kerala High Court on Wednesday (27, August) has set aside an order issued by the State Chief Secretary directing the Cochin Port Trust to urgently remove sedimentation obstructing the flow of the Periyar River near the Vallarpadam railway bridge, holding that such a far-reaching decision required consultation with all stakeholders. The court also directed the state to find a...
GHCAA Representatives Meet CJI, Seek Reconsideration Of Proposal To Transfer Justice Sandeep Bhatt
Urging the Supreme Court to reconsider its decision to transfer Gujarat High Court Judge, Justice Sandeep Bhatt, the Gujarat High Court Advocate Association today had a delegation meeting with CJI BR Gavai and Justice Surya Kant. The delegation of GHCAA that met the CJI today included GHCAA President Brijesh Trivedi, advocate Hardik Brahmbhatt, senior advocate Asim Pandya, advocates...
How Do You Ensure Breathalysers Are Tamper Proof? Karnataka High Court Asks Police In Plea To Quash Drunk Driving Case
The Karnataka High Court on Thursday orally observed that there should be no tampering with breathalysers used by the traffic police, to check if a motorist is drunk and driving.Justice B M Shyam Prasad said thus while issuing notice to the State and Commission of Police (Traffic) on a petition filed by one Ajay Kumar Kashyap C, fined ₹10,000 on charges of drunk driving. The petitioner's...
Executing Court Empowered To Grant Statutory Interest Not Mentioned In Award U/S 36 Of Arbitration Act: Allahabad High Court
Following the judgment of the Delhi High Court in Union of India and Anr. v. Sudhir Tyagi, the Allahabad High Court has held that under Section 36 of the Arbitration and Conciliation Act, 1996, the Executing Court is empowered to grant statutory interest which may not have been mentioned in the arbitral award.In Union of India and Anr. v. Sudhir Tyagi, it was held that “..the interpretation...
'No Clinching Evidence Of Victim's Minority': Chhattisgarh High Court Reduces Punishment Of Man Convicted For Raping Niece
The Chhattisgarh High Court has altered the order of conviction against a man accused of having forcible sexual intercourse with niece, who had taken his refuge after being sexually assaulted by her father, on the ground that no clinching or legally admissible evidence is available on record to establish her minority.While modifying the conviction from Section 376(3) IPC which penalizes rape on...
Kerala High Court Directs Vigil On Kochi's Canals, Closes Six-Year-Old PIL
The Kerala High Court on Wednesday (August 27) issued comprehensive directions for the upkeep of the Kochi city's canal and drainage system, while affirming the role of a high-level committee constituted earlier to oversee the matter.Justice Devan Ramachandran, delivering judgment, noted that the 2018 floods were a “turning point” that exposed the fragility of Kochi's drainage...
Use Of Full Name Not Mandatory To Avail Protection U/S 35 Trademarks Act: Delhi High Court
The Delhi High Court has held that the benefit of Section 35 of the Trade Marks Act 1999, which proscribes any injunction being granted against the use by the defendants of his/ her name as a trademark, is not restricted to use of full name by the defendant.“Section 35 places no such limitation,” observed a division bench of Justices C. Hari Shankar and Om Prakash Shukla.The Court was...
Dismissal Of Plea U/S 8 Of A&C Act Amounts To Res Judicata; S.11 Court Cannot Refer Parties To Arbitration: Delhi High Court
The Delhi High Court bench of Justice Purushaindra Kumar Kaurav, while dismissing a Section 11 petition under the A&C Act, observed that dismissing a Section 8 application under the A&C Act amounts to res judicata. The Section 11 Court cannot refer the parties to Arbitration if the order dismissing Section 8 is not set aside or interfered with. A Collaboration Agreement...
PIL In Calcutta High Court Seeks Proper Maintenance Of Roads, Says Potholes & Poor Repairs Affect Citizens' Right To Life
A Public Interest Litigation (PIL) has been filed before the Calcutta High Court highlighting the urgent need for proper maintenance, repair, and safety measures of the arterial roads, residential roads, flyovers, bridges, and connectors of Kolkata, Howrah, and adjoining municipal areas.According to the petitioner, Akash Sharma, an Advocate of the Calcutta High Court, over the past years,...
Poor Air Connectivity Hampers Lawyers' Access To HC Benches And Supreme Court: Law Student Tells MP High Court
In the ongoing PIL seeking to increase air connectivity to Jabalpur, the Madhya Pradesh High Court on Thursday (August 28) allowed an intervention application filed by a final year law student highlighting the difficulties faced by lawyers and litigants due to poor flight connectivity from Jabalpur to its benches at Indore and Gwalior, as well as to the Supreme Court in Delhi.In his plea, the...
Statutory Rules Cannot Be Overridden By Recommendations: J&K&L High Court Denies Plea By Co-operative Employees For Enhanced Retirement Age
The High Court of Jammu & Kashmir and Ladakh has ruled that the retirement age of employees of Cooperative Societies remains 58 years under SRO 233 of 1988, and cannot be enhanced to 60 years merely on the strength of draft proposals or departmental recommendations.Dismissing two appeals filed by Cooperative employees, a Division Bench of Justices Sindhu Sharma and Shahzad Azeem held...