High Courts
POCSO Act | Section 34 Empowers Special Courts To Determine Age Of Both Offender & Victim: J&K High Court Remands Case For Fresh Age Inquiry
Clarifying the jurisdiction of Special Courts under the Protection of Children from Sexual Offences Act (POCSO), the Jammu & Kashmir and Ladakh High Court has held that the Special Court is empowered not just to determine the age of the accused, but also of the victim.“Section 34 of the POCSO Act vests jurisdiction with the Special Court not only to determine the age of the offender but...
No Interim Relief U/S 9 Of A&C Act Without Exceptional Circumstances After Conciliation Fails & Arbitration Starts Under MSME Act: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that once conciliation fails under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), the Council may either conduct the arbitration itself or refer the matter to an arbitral institution. As per Section 18(3) of the MSME Act, the provisions of the Arbitration and Conciliation Act, 1996 (Arbitration...
Courts Cannot Conduct Comparative Study Of Natural Resource Allocation: J&K High Court Dismisses Plea Challenging Mining Lease Cancellation
Reaffirming the judiciary's restraint in matters of policy, the High Court of Jammu & Kashmir and Ladakh, while dismissing a writ petition seeking cancellation of mining leases, held that courts cannot conduct a comparative study of methods for distribution of natural resources, as such decisions fall within the exclusive domain of the Executive.Justice Javed Iqbal Wani, emphasized...
Dispute Over Land Mutation Arising From Settlement Agreement Can Be Referred To Arbitration: P&H High Court
The Punjab and Haryana High Court bench of Justice Vikram Aggarwal has held that a dispute concerning the mutation of land arising from a Memorandum of Settlement entered into between the parties containing an arbitration clause is considered a dispute in personam especially when it does not affect third-party rights. Such disputes are arbitrable and should be referred to arbitration...
After Jharkhand HC Nudge, State Govt Announces Advocates' Health Insurance Scheme, CM Hemant Soren Set To Inaugurate On May 3
The Jharkhand government has announced the launch of the Advocates Health Insurance Scheme under the Rajyakarmi Swasthya Bima Yojana on May 3 which will be inaugurated by Chief Minister Hemant Soren. As per an April 17 letter issued by the Jharkhand Advocates' Welfare Fund Trustee Committee the event will take place at Harivansh Tana Bhagat Indoor Stadium, Hotwar in Ranchi. The Chief...
If Fresh Appointment Made After Termination, Previous Service Period Cannot Be Counted For Pension Calculations: Bombay HC
Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe dismissed a writ petition that prayed for the counting of earlier service in pension calculations. The court held that any reappointment made after terminating the previous service cannot be linked to the earlier service period. The court explained that if previous service was terminated,...
Parties Agreeing To Mutual Divorce After Living Separately For More Than A Year Doesn't Negate Separation: Allahabad High Court
The Allahabad High Court has held that just because the parties agreed for mutual divorce after more than 1 year of separation period, the Court cannot neglect the separation period prior to the agreement for divorce. It held that the period of separation prior to the meeting of minds will be considered under sub-section (1) in section 13-B of the Hindu Marriage Act, 1955.Section 13-B of...
Prolonged Suspension From Service Mirrors Penalty: Rajasthan HC Directs State To Ensure 'Reasonable Timeline' For Further Action, Lays Guidelines
The Rajasthan High Court ruled that even though suspension is though legally not a penalty but an interim measure, however when dragged for a prolonged period mirrors punishment or “disguised” punishment.In doing so the court issued a mandamus to the State of Rajasthan–through Secretary, Department of Personnel, to ensure that all "competent authorities vested with the power to...
Deletion Of Names Through Chamber Summons Does Not Render Appeal U/S 50(1)(B) Of A&C Act As Not Maintainable: Bombay High Court
The Bombay High Court bench of Justices A.S. Chandurkar and M.M. Sathaye has observed that when a common arbitration petition seeking recognition, enforcement and execution of a foreign award is declined against all the respondents, the mere fact that some respondents had successfully filed chamber summons seeking deletion of their names would not render the appeal filed...
P&H High Court Raises Questions On Agricultural Dept's Statutory Authority To Ban Hybrid Paddy Seeds In Punjab
In a significant development, the Punjab and Haryana High Court has questioned the statutory authority behind the Punjab Government's recent decision to ban the sale of hybrid paddy seeds in the state.Justice Kuldeep Tiwari asked the Punjab Government to inform court the statutory force behind passing the impugned order which has banned sale of hybrid paddy seeds in Punjab on April...
'Electricity Meter Costs ₹8900, Where Will Poor People Go?': Karnataka HC Orally Questions State For Mandating Smart Pre-Paid Meters
The Karnataka High Court on Friday (April 26) orally questioned the decision of the state government making it mandatory for electricity consumers to install smart pre-paid meters, the cost of which is higher than what is prevalent in neighbouring states. Justice M Nagaprasanna orally observed “All over (other states) it is at Rs 900 for the very same smart meter and you are charging Rs...
Sikh People Usually Wear 'Kada', Personal Effect: Delhi High Court Sets Aside Detention By Customs
Observing that Sikh persons usually wear kada as part of their religious practice, the Delhi High Court set aside the detention of a Dubai resident's gold kada by the Customs Department.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “Clearly, a perusal of the photographs and the fact that it is one Kada which is usually worn by persons like the Petitioner...