High Courts
No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “It is...
Serious Allegations Of Fraud Constituting Criminal Offense Are Non-Arbitrable: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad held that the allegations of fraud which are extremely serious and potentially constitute a criminal offense are non-arbitrable. The court noted that the plea of fraud is of such a nature that it impacts the entire contract, including the arbitration agreement. Consequently, the court held that such a dispute is not arbitrable...
Delhi High Court Weekly Round-Up: March 10 To March 16, 2025
Citations 2025 LiveLaw (Del) 299 to 2025 LiveLaw (Del) 320NOMINAL INDEXRattan India Power Ltd. v. BHEL 2025 LiveLaw (Del) 299 Eureka Forbes Limited vs.Om Sai Enterprises & Ors 2025 LiveLaw (Del) 300 Puma SE vs. Mahesh Kumar 2025 LiveLaw (Del) 301 JSD Traders LLP v. Additional Commissioner, GST 2025 LiveLaw (Del) 302 Ramada International, Inc. vs. Clubramada Hotels And Resorts...
Withdrawal Of MSMED Council Application Does Not Preclude Arbitration U/S 11, Even Without Council's Response: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad held that withdrawal of an application before the MSMED Council does not bar a party from seeking the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, even in the absence of any corresponding response from the MSMED Council. Brief Facts: Respondent No. 2 and 3 approached...
Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice
The Jharkhand High Court directed the state tax authorities to follow due procedure while passing adjudication orders. The Division Bench of Chief Justice Ramachandra Rao and Justice Deepak Roshan stated that “despite directions issued by the Court, it appears that State Tax authorities are continuing to conduct adjudication proceedings in utter disregard to the mandatory provisions...
Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by the...
Look-Out Circular Is A Coercive Measure, Has Adverse Consequences: Andhra Pradesh HC Says Authorities Should Apply Mind Before Issuing LOCs
Justice Subba Reddy Satti of the Andhra Pradesh High Court has held that a Look-Out Circular (LOC) is a coercive measure that certainly has adverse civil consequences inasmuch as it makes “a person surrender and consequentially interferes with his right to personal liberty and free movement.”The Court further held that the issuing authority should apply its mind to the facts of each...
Bombay High Court Dismisses PIL Challenging Imposition Of Double Toll Fees On Non-FASTag Vehicles
The Bombay High Court recently dismissed a Public Interest Litigation (PIL) challenging circulars issued by the National Highways Authority of India, which mandates vehicles without 'FASTag' to pay double the toll fees.Noting that the introduction of FASTag was a policy decision aimed for providing efficient road travel, a division bench of Chief Justice Alok Aradhe and Justice Bharati...
Orissa HC Issues Guidelines For Disposal Of Mutation Cases Based On Wills Executed Under Ex-Princely States, Says Probate Not Required
The Orissa High Court has reiterated that probate of Wills executed in ex-princely states/Gadajat states is not necessary and thus, the revenue authorities can proceed for mutation on the basis of un-probated Wills in such areas.A Single Bench of Justice Ananda Chandra Behera referred to a number of precedents on the above position of law and clarified that –“If the Wills are executed in...
NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court
In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. The petitioner was arrayed as an accused based on a disclosure statement. Following a chance...
Elderly Man Using “Lathi” Not A Weapon: Punjab & Haryana HC Modifies 100-Yr-Old's Murder Conviction To Culpable Homicide Not Amounting To Murder
The Punjab & Haryana High Court has altered a 100 year old man's murder conviction to culpable homicide not amounting to murder, noting that he delivered a single blow with his lathi, which is not a weapon and is typically carried by elderly persons in villages.Justice Gurvinder SIngh Gill and Justice Jasjit Singh Bedi said, "The question that there arises for consideration is as to...