Telling Someone That Respect For Dr.Ambedkar Has Reduced Because Of Followers Like Him Isn't Offence: Bombay High Court

The Bombay High Court (Aurangabad Bench) quashed an FIR registered against a man over a phone call in which he told another person that respect for Dr.Babasaheb Ambedkar has reduced because of followers like the latter.The Court opined that asking a follower of Dr Babasaheb Ambedkar why s/he is 'using' the leader's name when they cannot follow his footsteps, and saying that because of...

Restaurant Service Or Bakery Product? Bombay High Court To Decide If Donuts & Cakes Should Be Taxed At 5% Or 18% Under GST

The Bombay High Court is to decide whether the donuts and cakes should be classified as restaurant service or a bakery product under Goods and Services Tax. The Division Bench of Justices B.P Colabawalla and Firdosh P. Pooniwalla were addressing the issue of whether the supply of donuts falls within the ambit of restaurant services under Service Accounting Code (SAC) 9963 or should...

Maha Govt Has Denied Sanction To Prosecute BJP's Ex-State VP Vikram Pawaskar For Hate Speech Against Muslims, Bombay High Court Told

The Bombay High Court on Wednesday was informed that the Maharashtra government has refused to grant sanction to 'prosecute' Vikram Pawaskar, the former BJP State Vice President, in two cases of 'hate speech' against the Muslim community. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement made by State's Chief Public Prosecutor Hiten Venegavkar,...

Delhi HC Grants Interim Relief U/S 9 Of Arbitration Act By Attaching TMT Steel Bars Worth ₹69.5 Crores Made Using Coal Whose Quality Was Disputed

The Delhi High Court bench of Justice Manoj Kumar Ohri has granted interim relief to a petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 to the extent of 50% of the balance outstanding claimed i.e., Rs. 69.50 Crores by attaching TMT Steel bars (finished product) of the equivalent amount in a dispute over the quality of coal delivered, which was used to manufacture...

[Arbitration Act] Limitation Does Not Stop If Initial Filing Is Non Est, Date Of Filing Must Be Reckoned From Date Of Refiling: Delhi HC

The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the filing of the arbitral award under challenge along with application under Section 34 of the Arbitration and Conciliation Act is not a mere procedural formality but an essential requirement and non-filing of the same would make the application non est in the eyes of law. The Court further observed that such a...

S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC

The Telangana High Court has held that the 2015 amendment to the Arbitration and Conciliation Act grants a bouquet of protections to a party during the course of arbitral proceedings. It clarified that section 9 (3) restricts a party from seeking interim protection before a Court, once a tribunal has been constituted. After the amendment, once the Tribunal has been constituted, the parties...

Projects Of National Importance Can't Be Halted Due To Delay In Settling Award For Land-Losers: Punjab & Haryana High Court In NHAI's Plea

Observing that project of national importance should not be halted due to lackadaisical approach of authorities, the Punjab and Haryana High Court has directed the Punjab government to ensure the encumbrance-free possession of land for national highway projects, including the Delhi-Katra Expressway.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "this Court is required to be...

'Union Cannot Be Permitted Free Play': Himachal Pradesh High Court Dismisses Centre's Plea Challenging AFT Order Citing 2 Yrs Delay

The Himachal Pradesh High Court has dismissed a batch of pleas filed by the Centre Government challenging the order of the Armed Forces Tribunal (AFT) on the ground of delay, observing that the Union of India cannot be permitted free play, to challenge the orders at its own whims and fancies after a period of over two years.Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma said,...

Legal Profession Appears To Be Settled Career But Success Here No Cakewalk: Justice Anoop Kumar Mendiratta Bids Farewell To Delhi HC

Justice Anoop Kumar Mendiratta on Wednesday bid farewell to the Delhi High Court, saying that legal profession seems to be a settled career without much toil but success in the field is not a cakewalk.Reminiscing his early life in the profession, the judge said that his foray into the legal profession happened as a backup for his “failed attempt” to become a medico doctor.“Law...

Magistrate Report Not 'Material' To Book Cops For Alleged Fake Encounter In Badlapur, Will Decide After CID Probe: State To Bombay HC

On whether it will register an FIR based on the "findings" of an Enquiry Magistrate, who concluded that the five policemen killed the accused of the Badlapur Sexual Assault case in a "fake encounter", the Maharashtra government today told the Bombay High Court that it cannot say the report constituted "material" to comply with the mandate in the Lalita Kumari judgment (to lodge FIR).The...

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable.For context, Section 397(2) CrPC imposes a bar on the revisional...

Non-Devotional Songs Should Not Be Played Inside Temple Precincts : Madras High Court In Plea Against Singing Of Movie Songs

The Madras High Court has asked various Temple authorities to ensure that only devotional songs are played by the orchestra that it may engage during any temple festival. Justice D.Bharatha Chakravarthy was dealing with a petition stating that movie songs being sung inside temples is inappropriate. The court observed that orchestra arranged by the temple should ensure that only devotional...