Delhi High Court Asks Trial Court To Defer Hearing On Charge In Case Against Kapil Mishra Over 'Communal Tweets'

The Delhi High Court has asked the Trial Court to defer hearing on the point of charge in a case registered against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder...

Searching For Another Job With Rival Company Is A Basic Right, Does Not Constitute Moral Turpitude: Calcutta High Court

The Calcutta High Court has held that an employee searching for another job with better pay or benefits, even with a rival company, does not amount to moral turpitude for the purpose of termination of employment.Justice Shampa (Dutt) Paul held: "Thus looking for another job, even if with a rival company (though, not proved in this case) with better perks and facilities is a basic right and...

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,...