Revisional Court Can't Assume Jurisdiction To Reject O.21 R.97 Application When It Is Pending Before Executing Court: Allahabad HC

The Allahabad High Court has held that a revisional court cannot assume jurisdiction of an execution court and decide an application under Order XXI Rule 97 CPC, when the same is pending before the executing court. Justice Rohit Ranjan Agarwal observed that the Revisional Court exceeded its jurisdiction in rejecting an application under Order XXI Rule 97 CPC, after concluding that the issue...

Colaba Residents Association Moves Bombay High Court Against Proposed Construction Of Passenger Jetty Near Gateway Of India

Colaba residents have approached the Bombay High Court against the proposed construction of a passenger jetty and terminal facilities near the Gateway of India.Clean and Heritage Colaba Residents Association (CHCRA), an association of over 400 residents of Colaba, filed the petition against the proposed 'Passenger jetty and Terminal Facilities' construction by the State government and...

Separate Notice For Counter Claims U/S 21 Of A&C Act Not Required When Arbitration Proceedings Are Pending Between Parties: Delhi HC

The Delhi High Court bench of Justice Subramonium Prasad has observed that where the disputes between the parties are already the subject matter of an earlier arbitral reference, a separate notice under Section 21, Arbitration and Conciliation Act, 1996 (“ACA”) would not be necessary for separate proceedings to adjudicate counter claims. Facts The present petition under...

Phone Tapping Case | Telangana High Court Reserves Verdict On Anticipatory Bail Plea Of Ex-Special Intelligence Bureau Chief

The Telangana High Court on Wednesday (April 30) reserved its verdict on an anticipatory bail plea moved by former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS.After hearing all the parties, Justice J Sreenivas Rao said, "Heard both sides. For orders and judgments". Senior...

Directors Not Personally Liable For Non-Fulfilment Of Company's Export Obligations Unless Specific Role Is Alleged: Delhi HC

The Delhi High Court has held that unless specific allegations which discuss the role of a director in the export performance are made, there is no question of finding the director personally liable for non-fulfilment of export obligations by the company.Justice Tara Vitasta Ganju relied on Santanu Ray vs. Union of India where the Supreme Court discussed vicarious liability of directors. In...

Gujarat High Court Upholds Demolition Drive In Ahmedabad's Chandola Lake Area, Rejects Plea For Rehabilitation

The Gujarat High Court on Tuesday (April 29) upheld a demolition drive undertaken by state authorities in Ahmedabad's Chandola lake area on Monday (April 28), after observing that the water body is government land and the construction on it was illegal. The court was hearing a plea moved by 18 persons seeking to declare the demolition drive undertaken by the State on April 28 Chandola Lake...

Madras High Court Forms Committee To Crackdown On Illegal Homestays, Cottages In Nilgiris And Kodaikanal Hills

The Madras High Court has ordered the formation of a committee comprising of District Revenue Officer, Municipal Commissioner and the District Tourism Officer to carry out inspection in Nilgiris and Kodaikanal districts to crack down on illegal home stay and cottage operators. The forest bench of Justice N Sathish Kumar and Justice Bharatha Chakravarthy asked the committee to ensure...

Candidate's Eligibility Is To Be Assessed Till Final Selection Is Made, Not Just On Last Application Submission Date: Himachal Pradesh HC

The Himachal Pradesh High Court (“Court”) bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that when a candidate applies for any post, the eligibility is assessed till the final selection date and not just on the last date of submission of application.Background of the case: The Court had invited applications for the post of translator under Level II on 04.08.2022,...

'Arbitrary': Allahabad HC Overturns Termination Of Standing Counsel's Contract Prompted By DM's 'Annoyance' With Court Summons

The Allahabad High Court recently set aside the Uttar Pradesh Government's order to terminate a Standing Counsel's empanelment/contract, terming it as 'illegal' and 'arbitrary'. The termination followed the petitioner's inability to connect to the Hardoi District Magistrate, whose phone was switched off during court hours, due to which theDM was summoned by the Court in October...

Defamation: Delhi High Court Seeks BJP Leader Tajinder Bagga's Response On Plea By Subramanian Swamy

The Delhi High Court on Wednesday sought response of BJP leader Tajinder Pal Singh Bagga in a plea filed by Subramanian Swamy who was summoned in a criminal defamation case filed by the former.Bagga had filed the defamation complaint over a tweet made by Swamy, claiming it to be false and defamatory in nature.Justice Ravinder Dudeja sought reply of Bagga within four weeks, including on the...

Compensation Can Be Granted When Aggrieved Party Continues Service Due To Suppression Of Fact Of Contract's Termination: Telangana HC

The Telangana High Court bench of Justices Moushumi Bhattacharya and B.R.Madhusudhan Rao has held that loss of profit incurred by a party due to the other party's suppression of material facts regarding the termination of the contract, where the former continued to render services under a mistaken belief, can be reasonably compensated by applying the Hudson formula. Brief...

Allottee Not Responsible If Delay In Construction Is Due To Procedural Requirements, Punjab & Haryana HC Quashes ₹94 Cr Extension Fees By HUDA

The Punjab & Haryana High Court has quashed the extension fees of Rs. 93.12 Crore imposed on a government organisation by the Haryana Urban Development Authority (HUDA) for delay in construction of flats for government employee on land allotted in 1996.The Court found that the delay in construction was due to procedural and administrative requirements, hence the delay period will...