Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34(1) of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Court noted that the proceedings in the wrong court should be bona fide, with due diligence. Brief...

Party-In-Person Must File Case From Own E-Filing Account, Registry Can Object If Case Filed From Another Person's ID: Kerala High Court

The Kerala High Court has ruled that when a party in person wants to file a case, that person must be registered as an Electronic-Filer (E-Filer) under the Electronic Filing Rules for Courts (Kerala) 2021 and must file the case from their own account.Justice Bechu Kurian Thomas further said that the Registry can raise an objection if the case is filed by a party-in-person using the...

Kerala High Court Orally Observes 1998 State Law Inadequate To Curb Menace Of Ragging, Expresses Need To Formulate Rules

The Kerala High Court on Wednesday (March 5) orally observed that rules need to be framed under Kerala Prohibition of Ragging Act, 1998 to effectively tackle the menace of ragging. The High Court orally noted that the State only had a brief legislation of 9 sections to address the issue. It observed that since the passing of the legislation, UGC has come up with detailed guidelines to...

Moratorium Period Under IBC Does Not Bar Payment Of Compensation Under NI Act: J&K High Court Orders ₹4 Crore Interim Compensation

The Jammu and Kashmir High Court held that the declaration of a moratorium would not bar the complainant from filing a complaint under the NI Act. The court said that the debtor cannot take refuge under the Code to frustrate proceedings under the NI Act if he is found liable to pay compensation in the proceedings.Justice Puneet Gupta held that Section 14 of the IBC, which places a moratorium...

Manual Scavenging: Gujarat High Court Condemns 'Absolute Silence' By Municipality's Incharge On Action Taken On Death Of 2 Sanitation Workers

The Gujarat High Court on Wednesday (March 5) expressed its displeasure with the Chief Officer of Patdi Nagar Palika (Municipality) for the "absolute silence" on any action taken by the body after it became aware of the death of two sanitation workers– employed by a contractor, during manual scavenging. While perusing the officer's affidavit, the court said that the "ignorance" shown by...

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim

The Madras High Court has recently refused to interfere with an order of the Special Judge for POCSO cases, Chennai, directing registration of an FIR against a Tamil news channel for allegedly revealing the identity of a victim in a POCSO case. As per Section 23 of the Act, media is restricted from disclosing the identity of the child, including name, address, photograph, family details,...

No Liberalised Family Pension For Death During Casual Leave; Direct Causal Link With Official Duty Essential: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur held that death of a CRPF Sub-Inspector in a road accident during casual leave does not qualify for Liberalized Family Pension or Ex-Gratia Compensation. The court held that mere classification of leave as 'on duty' under service rules is not enough unless there exists a direct causal link between the...

Paying Only Subsistence Allowance To Employee Suspended Due To Criminal Case And Later Acquitted Without Dept Proceedings Amounts To Punishment: Rajasthan HC

The Rajasthan High Court held that when an employee was suspended during pendency of proceedings under the Prevention of Corruption Act (“PC Act”) in which he was acquitted, in absence of any departmental proceedings against him, restricting his pay during suspension period to only subsistence allowance amounted to punishing such employee which could not be allowed. Court said:“The...

Practice Experience Can't Be Counted Until AIBE Is Cleared: Orissa HC Disqualifies Lawyer's Nomination As Treasurer In District Bar Election

The Orissa High Court has categorically held that the practice experience of an Advocate enrolled with the State Bar Council cannot be taken into account unless and until he qualifies the All-India Bar Examination (AIBE) conducted by the Bar Council of India (BCI).While disqualifying an Advocate from holding the post of 'treasurer' of a District Bar Association for lack of practice...

Karnataka High Court Lets Vijaya Bank Retain ₹3 Lakh Indemnity Recovered From Employee Who Left Before Completing Mandatory Service Period

The Karnataka High Court has set aside a single judge order directing Vijaya Bank to refund the indemnity bond amount collected from a former employee, who left its services before completing mandatory service period of three years and preferred employment with SAIL.A division bench of Chief Justice N V Anjaria and Justice K V Aravind noted that a clause in the employee's joining letter issued...

High Court Objects To Engagement Of Private Lab For Conducting MRI, CT Scans In Punjab's Govt Hospital

The Punjab and Haryana High Court has objected to the engagement of a private path lab for conducting basic tests like MRI, CT scans for a government hospital.A division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel remarked, "This Court fails to understand as to why a private Laboratory is required to be engaged, when the State is duty bound under its sovereign function of...

Kerala High Court Entrusts KeLSA With Creating Awareness Against Child Marriages In Tribal Communities Of Wayanad

The Kerala High Court has entrusted Kerala State Legal Service Authority (KeLSA) with creating awareness about the ills of child marriage in the tribal communities in Wayanad.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu was dealing with a suo motu petition on the practice of child marriage prevalent in some tribal communities in Wayanad. Some tribal communities in...