High Courts
Don't Have Power To Seal Premises If Locked During Search: ED Admits Before Madras High Court
The Enforcement Directorate, on Tuesday, admitted before the Madras High Court that it did not have power to seal premises if the same was locked at the time of making a search as per Section 17 of the Prevention of Money Laundering Act. The bench of Justice MS Ramesh and Justice V Lakshminarayan was hearing petitions filed by film producer Akash Bhaskaran and businessman Vikram Ravindran...
State Must Ensure Fair Promotions And Equal Treatment Of Employees: Himachal Pradesh High Court
Himachal Pradesh High Court held that government authorities must fill vacant posts in accordance with the prescribed recruitment rules and must uphold fairness and equality in public employment. Justice Satyen Vaidya: “It is not expected from the executive of a welfare State to be partisan with one of its employees as against the other. Its role has to be of a model employer and...
Gujarat HC Advocates Association Condemns ED Summons To Arvind Datar, Requests CJI To Take Up Issue To Protect Lawyers' Independence
The Gujarat High Court Advocates' Association (GHAA) in its Extra Ordinary General Body Meeting held on 17th June in the Bar Room has unanimously passed a resolution “strongly condemning” the Enforcement Directorate's move issuing summons to Senior Advocate Arvind P. Datar over his legal advice to Care Health Insurance on the ESOP (Employee Stock Ownership) assigned to former Care...
Bank Liable For Loss Caused By Negligently Encashing Cheques With Forged Signatures : Kerala High Court
The Kerala High Court has emphasized that banks cannot escape liability after negligently encashing cheques with forged signatures.The Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment in a batch of appeals filed by the plaintiffs, all private companies or individuals operating out of Kozhikode, against the dismissal of their suits by...
New Arbitrator Must Initiate Proceedings Afresh When Previous Arbitrator's Appointment Is Void Ab Initio: Kerala High Court
The Kerala High Court bench of Justice M.A. Abdul Hakhim has held that where an arbitral award is set aside on the ground that the appointment of the arbitrator was void ab initio and the arbitral proceedings are declared non est, the new arbitrator must initiate proceedings afresh. The question of admissibility of previously recorded evidence is to be decided by the...
Arbitration Clause Allowing MD To Appoint Sole Arbitrator After Failure Of Appointment By Mutual Consent Violates SC's Order: Delhi High Court
The Delhi High Court bench of Justice Jyoti Singh has held that the clause in question indeed contemplates the appointment of an Arbitrator by mutual consent; however, in the event of failure, it vests the power of appointing a Sole Arbitrator with the Managing Director of Respondent No. 1. It further held that the Company acting through its Managing Director will have interest...
Recourse To External Correspondences To Interpret Clause Despite Clear & Unambiguous Terms Amounts To 'Patent Illegality': Delhi High Court
The Delhi High Court bench comprising Justice Vibhu Bakhru and Justice Tejas Karia has held that when the language of the contract is plain, clear and unambiguous, recourse to internal aids of interpretation or extraneous materials such as negotiations and correspondence is impermissible. “Ignoring an explicit clause of the contract or acting contrary to the terms of the contract...
Delhi High Court Calls For Finalized Plan On Construction Of Foot-Over Bridge For Rajputana Rifles Soldiers Compelled To Pass Through Drain
The Delhi High Court on Wednesday called for a fianlized plan from the city authorities on the construction of a foot-over bridge for soldiers of the Rajputana Rifles who have to pass through a filthy drain every morning while marching out of their barracks for heading towards the parade ground.A division bench comprising Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora...
Kerala High Court Orders Conditional Arrest Of Another Sister Ship Of MSC Elsa 3 Over Claims Of Lost Cargo
The Kerala High Court on Wednesday (18th June) has ordered the conditional arrest of MV MSC Polo II, the sister ship of MV Elsa 3, over a claim raised by the company, Sans Cashew India Private Limited. The company has made a claim of Rs. 74 Lakh over the cargo lost in MSC Elsa 3. Justice M. A. Abdul Hakhim added that the arrest will only be made if it is anchored within the...
Dishonour Of Cheque Due To Subsequent Freezing Of Drawer's Bank Account Can't Lead To Prosecution U/S 138 NI Act: Delhi High Court
The Delhi High Court recently granted relief to an entity being prosecuted under Section 138 of the Negotiable Instruments Act 1881, for dishonor of a cheque issued by it— due to subsequent freezing of its bank account.Justice Ravinder Dudeja observed that under Section 138 of the NI Act, an offence is committed when a cheque is returned unpaid due to insufficient funds in the...
Rajasthan High Court Upholds 25% Domicile Reservation In National Law University Jodhpur
The Rajasthan High Court upheld the constitutional validity of 25% domicile-based reservation at National Law University, Jodhpur (“NLUJ”), ruling that such reservation did not violate Article 14 since the classification was reasonable, non-arbitrary and maintained a rational nexus with the object of advancing regional educational development.The division bench of Dr. Justice Pushpendra...
'Judiciary Has Strong Sense Of Justice': Calcutta HC Awards ₹25 Lakh Compensation Over Land Acquired By Eastern Coalfields Ltd After 30 Yrs
The Calcutta High Court bench comprising Justice Tapabrata Chakraborty and Justice Reetobroto Kumar Mitra observed that the judiciary upholds social justice and fairness, guided by the principle that equity treats as done what ought to have been done. In complex cases involving competing rights, courts may need to innovate—within the bounds of equity and good conscience—to find a just...