Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court

The Kerala High Court stated that Article 226 cannot be invoked against a show cause notice issued under Section 74 of the CGST Act at preliminary stage. “Article 226 of the Constitution of India is not meant to be used to break the resistance of the Revenue in this fashion. In exercise of such jurisdiction, the High Court is required to refrain from issuing directions...

Limitation For Appointment Of Arbitrator Commences From Date Of Failure To Comply With Requirements In Notice Invoking Arbitration: AP High Court

The Andhra Pradesh High Court bench of Chief Justice Dhiraj Singh Thakur has held that the limitation period for filing an application seeking appointment of arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996, commences only after a notice invoking arbitration has been issued by one of the parties and there has been either a failure or refusal on the part...

Lack Of Mandatory Jail Sentence For Hate Speech Crimes Serious Matter : Kerala High Court Flags Issue To Parliament & Law Commission

While denying anticipatory bail to BJP leader PC George in a case for making remarks against the Muslim community, the Kerala High Court expressed concerns about the rising frequency of statements based on caste and religion."Nowadays, there is a tendency to make statements based on religion, caste etc. These are against the basic structure of our Constitution. These tendencies should be...

[Arbitration Act] Referral Courts Can't Indulge In Enquiry Into Whether Claims Are Time-Barred: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that in an application under section 11 of the Arbitration and Conciliation Act, 996, it would not be proper for the referral court to indulge in an intricate evidentiary enquiry into the question of whether the claims raised by the petitioner were time-barred or not. “Courts, at the referral stage, can interfere only...

'Punjab Not Truly Discharging Duty To Provide Free Medical Aid': High Court Seeks Affidavit On Vacant Posts In Govt Hospital

The Punjab & Haryana High Court has sought an explanation from the Punjab Government as to why out of 39 sanctioned posts in Punjab's Malerkotla Civil Hospital only 2 medical officers are posted. Chief Justice Sheel Nagu and Harmeet Singh Grewal said, "It is obvious that the sovereign function of the State of providing free medical aid to the patients is not being discharged by the State...

Orissa High Court Releases Cargo Vessel MV Debi Following Settlement Between Parties, Orders Refund Of Court Fees

The Orissa High Court has ordered release of cargo ship 'MV Debi' which was arrested at the Paradip Port and subsequently ordered to be auctioned last year for its failure to pay berth hire and penal berth hire charges amounting to almost eight crore rupees. The Court has also ordered refund of the court fees paid by the plaintiff-Paradip International Cargo Terminal Pvt. Ltd. Taking...

If Not Regularised It Would Put A Premium On State's Act Of Exploiting Human Labour: Karnataka HC Directs Regularisation Of 2 Daily Wagers

The Karnataka High Court has directed the State government to regularise service of two workmen who have worked for the State government for 39 years and 32 years respectively as daily wage earners.In doing so the court observed that if the regularisation is not ordered then it would amount to putting a premium on the act of State in exploiting human labour. It thus issued a mandamus to...

Ensure Public Amenities Do Not Suffer: Punjab & Haryana HC Scraps FCI Tender, Directs Issuance Of Fresh Notification Expeditiously

The Punjab & Haryana High Court scrapped the tender floated by the Food Corporation of India (FCI) with the direction to issue fresh notification so that public amenities do not suffer.Justice Sureshwar Thakur and Justice Vikas Suri said, "This Court is constrained to after accepting the writ petition, to pass a mandamus upon the respondent to scrap the subject tender, thus, for...

Wife Of Deceased Techie Atul Subhash Withdraws Plea Before Karnataka High Court Seeking Quashing Of Abetment FIRs

The Karnataka High Court on Friday disposed of as withdrawn the petition filed by Nikita Singhania her mother and brother seeking to quash the FIR registered against them for allegedly abetting the suicide of Singhania's husband Atul Subhash, a Bangalore based techie. A single judge, Justice S R Krishna Kumar took on record the memo filed by the counsel for the petitioner...

Deserves Serious Attention: Karnataka HC Issues Notice On PIL Against Conferment Of Cabinet Rank To 42 MLAs & Legislative Council Members

The Karnataka High Court on Friday issued notice to the State Government on a public interest litigation filed questioning the government notification appointing 42 Members of the Legislative Assembly and Members of the Legislative Council to the various boards, corporations, and other posts and conferring them with Cabinet rank and providing pecuniary benefits. A division bench...

Madras HC Orders Reopening Of Temple In Villupuram Sealed Over Caste Conflicts, Asks Govt To Act In Case Of Law & Order Problems

The Madras High Court has ordered reopening of a temple in Villupuram which was sealed in 2023 following caste related conflicts. Justice GK Ilanthiraiyan directed the Hindu Religious and Charitable Endowment Department to reopen the Draupadi Amman temple. The court asked the government to take action against any person who attempted to create law and order problems. In March last...

Sending Legal Notice Or Mediation Request Doesn't Satisfy Section 12A Of Commercial Courts Act Mandating Mediation: Delhi High Court

The Delhi High Court has observed that sending a legal notice or mediation request to a party cannot be considered as a 'compliance' of Section 12A of the Commercial Courts Act, 2015, which mandates mediation before the institution of a commercial suit.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela held that non-response to such mediation request...