Income Tax Act | Rajasthan HC Dismisses Challenge Against Proceedings Initiated U/S 153C Based On WhatsApp Chats, Says Chats Had Been Corroborated

Rajasthan High Court denied interference with initiation of proceedings under Section 153C of the Income Tax Act, 1961 (“the Act”) that were alleged to be initiated merely based on certain WhatsApp Chats, observing that the information in the chats were completely corroborated by specific transactions and hence, the said chat could be considered to be falling under the definition of...

Clause Empowering Contract Signatories To Resolve Disputes Does Not Constitute A Valid Arbitration Agreement Due To Lack Of Impartiality: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that merely because a dispute resolution mechanism is provided in a clause empowering the signatories to the contract to resolve the dispute, it cannot be inferred that the parties intended to refer the dispute to arbitration. Such a clause amounts to an in-house mechanism and not a reference to an impartial arbitral...

Madras High Court Weekly Round-Up: March 31 - April 06, 2025

Citations: 2025 LiveLaw (Mad) 123 To 2025 LiveLaw (Mad) 131 NOMINAL INDEX The Principal & Secretary, Women's Christian College and Others v. State of Tamil Nadu and Others, 2025 LiveLaw (Mad) 123NS Krishnamoorthi and Others v. The District Collector and Others, 2025 LiveLaw (Mad) 124S Ramya v. The Union of India and Others, 2025 LiveLaw (Mad) 125The General Manager and Others v....

Wikipedia Moves Delhi High Court Against Order To Take Down Allegedly 'Defamatory' Content On ANI, Hearing Tomorrow

Wikimedia Foundation, which hosts Wikipedia platform, on Monday (April 7) moved the Delhi High Court against the order directing it to take down allegedly defamatory content and description of news agency ANI Media Private Limited.The matter was listed today before a division bench comprising Justice Navin Chawla and Justice Renu Bhatnagar. However, the matter could not be heard as one of...

Munambam Land Dispute: Kerala High Court Stays Order Cancelling State Appointed Inquiry Commission

The Kerala High Court on Monday ( April 7 ) passed an interim order staying the decision of single judge setting aside the appointment of Inquiry Commission set up by the State "to find a permanent solution" concerning dispute of land ownership between the residents of Munambam and the Waqf Board.A division bench of Chief Justice Nitin Jamdar and Justice S. Manu passed the interim order in...

Blanket Denial Of Premature Release To Person Who Murdered Woman Or Child Affects Their Human Rights, Not Conducive To Welfare State: Kerala HC

The Kerala High Court held that the State Government Order blanketly prohibiting premature release of persons convicted of murdering a woman is not conducive to a welfare state.“A blanket stance that a person who have murdered a woman or a child shall not be prematurely released de hors any other circumstances is not conducive to a welfare State” observed Justice Kauser Edappagath.The...

Awarded Amount Cannot Be Enhanced Under Section 34 Of Arbitration Act: Karnataka High Court

The Karnataka High Court bench of Mr Justice Hanchate Sanjeevkumar has held that the District Judge, while deciding a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), is not empowered to increase the amount awarded by the Arbitrator. The findings of the Arbitrator with respect to the awarded amount can only be set aside if they contravene any of...

Madhya Pradesh HC Upholds Order Rejecting Migrant Candidate's Nomination Form On Ground Of Not Submitting State Caste Certificate

The Madhya Pradesh High Court upheld a district court order which rejected a mayoral candidate's election petition–who migrated from Rajasthan–on the ground that her nomination papers were rightly dismissed by the electoral officer as she did not submit caste certificate issued by the competent authority of the state. In doing so the court relied on a circular issued by the state's...

Family Courts Are Governed By General Principles Of Delay & Laches, Not By Strict Provisions Of Limitation Act: Orissa HC

The Orissa High Court has ruled that the Family Courts are not governed by rigid limitation periods prescribed under the Limitation Act, 1963, rather the general principles of delay and laches apply to their adjudications.The Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash further held that disputes relating to 'marital status' of parties is a 'continuing cause...

Allahabad High Court Stays Criminal Proceedings Against AMU Student Booked Over Anti-CAA Protests In 2020

The Allahabad High Court last week stayed the entire criminal proceedings against a 25-year-old student of the Aligarh Muslim University (AMU) who is facing a 2020 FIR on the allegations of raising slogans during the CAA-NRC protests and thereby disobeying a public servant's order. The petitioner, Misbah Qaiser, a B.Arch. Student at the university had been booked under Section...

Uttarakhand HC Stays Enforcement Directorate's Order To Provisionally Attach Property Worth ₹70 Crore Linked To Congress Leader

The Uttarakhand High Court last week stayed an order issued by the Enforcement Directorate (ED) to provisionally attach approximately 101 Bighas of land, worth over ₹70 crore, which is linked to former minister and Congress leader Harak Singh Rawat. The ED took this action in January this year under the Prevention of Money Laundering Act (PMLA) 2002, claiming that the registered...

Limitation Cannot Be Decided As Preliminary Issue Without Recording Whether It Is A Mixed Question Of Law And Fact: Bombay High Court

The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that an arbitrator is not permitted to decide the issue of limitation as a preliminary issue without first recording a finding as to whether it is a mixed question of law and fact that requires evidence to be led. It further held that if such a finding is not recorded and the issue is...