75 Yrs Of Constitution But Society Yet To Shed 'Unwanted Baggage' Of Caste: Madras HC Refuses To Appoint Temple Trustees From Particular Sub-Caste

While dismissing a plea seeking to frame a scheme of administration in Arulmighu Varatharaja Perumal and Senraya Perumal Temple by appointing non-hereditary trustees from a particular caste, the Madras High Court observed that the very prayer is opposed to public policy and constitutional goals. Justice Bharatha Chakravarthy lamented that despite 75 years of the Constitution, sections...

Woman Becomes Eligible For Surrogacy At 23 Years Age And Ineligible On The Preceding Day Of Her 50th Birthday: Kerala HC Clarifies

In reference to Section 4 (c) (i) of the Surrogacy (Regulation) Act 2021, the Kerala High Court stated that a female would be eligible to obtain eligibility certificate for surrogacy when she attains the age of 23 and becomes ineligible on the preceding day of her 50th birthday. The Court thus clarified the maximum age limit for female cannot be extended till the preceding day of the 51st...

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts

Noting the pendency of cases under Section 138 of the Negotiable Instruments Act, the Madras High Court has issued a slew of directions for speedy of disposal of cases. “Judicial notice can be taken of the fact that cases under Section 138 of the Negotiable Instruments Act, 1881 are clogging the Magistrate Courts for years on account of various reasons. The very purpose...

Limitation For Appeal U/S 37 Of Arbitration Act Is Governed By Article 116 Of Limitation Act, Delay Not To Be Condoned In Mechanical Manner: Bombay HC

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the delay in filing an appeal under section 37 of the Arbitration and Conciliation Act,1996 (“Arbitration Act”) should not be condoned in a mechanical manner as it would defeat the very objective of the Arbitration Act which is to provide a speedy resolution of disputes. It also held that as per judgment of...

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that home buyers who have deposited certain amount and are prospective allottees can also filed complaint in Real Estate Regulatory Authority (RERA) for redressal of grievances. The Court rejected the contention of a Real Estate Company that the complainants are not home buyers or allottees because the project is not in existence and they...

High Court Within Whose Jurisdiction AO Passes Assessment Order Has Jurisdiction To Entertain Appeal U/S 260A Income Tax Act: Delhi HC

The Delhi High Court has reiterated that only such High Court within whose jurisdiction the Assessing Officer passing an impugned assessment order is situated would have the jurisdiction to entertain an appeal under Section 260A of the Income Tax Act, 1961.The Section makes provision for an appeal to the High Court from an order passed in appeal by the Appellate Tribunal.In the case at hand,...

Why Reservation For Disabled Lawyers Not Provided In Haryana AG Law Officers Selection: High Court Asks

The Punjab & Haryana High Court has asked the Haryana Government why reservation under the Rights of Persons with Disabilities Act, 2016 has not been directed in the Haryana Advocate General Law Officers posts.The Officer of Advocate General has recently invited application for Law officers. However number of posts or reservation has not been specified in the notification.Justice...

When There Is Ambiguity In Arbitration Agreement, Business Efficacy Test Can Applied To Discern Intent Of Parties To Arbitrate: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that when there is an ambiguity in the agreement with respect to arbitration related provisions, the business efficacy test can be applied to discern true intent of the parties to arbitrate. Brief Facts: The present petition has been filed under section 11 of the Arbitration and Conciliation Act, 1996...

Gujarat HC Reserves Verdict In Journalist Mahesh Langa's Plea For Quashing FIR Alleging Theft Of 'Confidential' Govt Documents

The Gujarat High Court on Thursday (February 13) reserved its verdict in plea moved by journalist Mahesh Langa seeking quashing of an FIR registered against him by Gandhinagar Police for alleged corruption, criminal conspiracy and theft where he is accused of obtaining "highly confidential government documents".After hearing arguments of the parties Justice Divyesh A Joshi said, “Heard...

Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC

The Gauhati High Court recently allowed an application seeking condonation of a 21-day delay in filing an appeal against a family court's order, after noting that this 21-day delay which was already beyond the prescribed 30-day limitation period as prescribed under the family court's act may not classify as “barred by limitation”. A division bench comprising Justice Sanjay Kumar Medhi...

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The accused was the step-grandfather of the victim and she was relying on him for her livelihood.The victim's mother died from cancer 8 years ago. Her father had abandoned her in her childhood hence, she was residing with her grandmother and step-grandfather.The...

Transfer Pricing | Resolution Under Mutual Agreement Procedure Is By Consensus, Cannot Be Imposed Upon Assessee: Delhi HC

The Delhi High Court has made it clear that a dispute with respect to arm's length price in a transfer pricing can be resolved under Mutual Agreement Procedure (MAP) only by consent and negotiations between contracting parties.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed that such a resolution cannot be imposed in a contested case, where there is no...