All High Courts
Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court
The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. The only limited exception carved in Section 45 is if the Court is of the prima facie opinion that the arbitration agreement is (a) null and void; or (b) in-operative; or (c) incapable...
'Capital Grant Subsidy' Paid To Contractor To Meet Economic Shortfall In Revenue Is Not Liable For TDS Deduction: Delhi HC
The Delhi High Court has held that 'capital grant subsidy' which may be extended by the National Highways Authority of India to its contractors is not liable to TDS deduction under Section 194C of the Income Tax Act, since such grant cannot be construed as payment for a “work”.Section 194C requires deduction of tax at source on any sum which may be paid to a contractor for carrying out...
Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion
The Allahabad High Court last week granted bail to one Javed Alam, who was booked in an FIR lodged by a Bajrang Dal member accusing him of abducting a Hindu minor girl and having physical relations with her. A bench of Justice Sameer Jain noted that in her Section 161 and 164 CrPC statements, the victim girl stated that she was more than 17 years of age when the FIR was lodged and...
UP Panchayat Raj Act | Not Every Error In Gram Panchayat Inventory Purchase Bill Justifies Removal Of Pradhan: Allahabad HC
The Allahabad High Court has ruled that every error in a Gram Panchayat's inventory purchase bill cannot be grounds for proceeding against the Gram Pradhan under the UP Panchayat Raj Act 1947, specifically when such an error does not result in any property loss. “It is to be seen that Gram Pradhan is an elected member of the Gram Panchayat and his removal from the office of the...
Service By Ex-Serviceman During First National Emergency Can Be Counted For Pensionary Benefit For Govt Post Even After 1 Yr Of Discharge: P&H HC
The Punjab & Haryana High Court has said that the service rendered during First Emergency by the Ex-Servicemen will be counted for the pensionary benefits arising from the Government post which is joined later even beyond one year of service if the post reserved for Ex-Servicemen is not advertised within stipulated time. As per Punjab Recruitment of Ex-Servicemen Rules, 1982 the Officer...
Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent.Single-judge Justice Govind Sanap while upholding the conviction of a man for raping his minor wife, rejected his argument that...
Elephant Fitness Certificate, 3-Days Rest, 3-Hrs Cap On Parading: Kerala HC Issues Directions To Prevent Cruelty During Temple Festivals
The Kerala High Court has remarked that Elephants in Kerala are widely used in Temples in the name of tradition and religion but, in reality, it is a "commercial exploitation" without any care or concern for their well-being.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. thus issued certain directions for effective implementation of the Kerala Captive...
Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites strict action under the law.Justice Sumeet Goel observed,...
School Girls Allegedly Forced To Remove Clothes For Phone Search: HC Issues Contempt Notice To Indore Police Commissioner For Not Filing Report
In a case concerning a government school teacher allegedly forcing minor girls to remove their clothes to search for a mobile phone, the Indore bench of the Madhya Pradesh High Court issued a show-cause notice to the city Police Commissioner to explain why contempt proceedings should not be initiated against him for not complying with its order. A division bench of Chief Justice Suresh Kumar...
Opinion On Merits Destined To Remain In Sealed Cover Forever: Madras HC Observes As 46-Yr-Old Dispute Ends After Parties Reach Compromise
A 46 year old land dispute suit was recently disposed of by the Madras High Court after the parties informed the court that they have arrived at a compromise."Shocked" by the long pendency of the suit, the High Court had in July this year transferred the suit–earlier pending before the lower court, to itself by exercising powers under Section 24 of the Code of Civil Procedure and Article 227...
Karnataka High Court Stays Investigation Against BJP MP Tejasvi Surya For Allegedly Spreading 'Fake News' About A Farmer's Suicide
The Karnataka High Court on Thursday (November 14) by way of interim relief stayed investigation in the case registered against BJP Member of Parliament Tejasvi Surya, accused of spreading 'fake news' regarding the suicide of a farmer in Haveri district. A single judge bench of Justice M Nagaprasanna passed the interim order on the petition filed by Surya seeking to quash the FIR. The court...
Punjab & Haryana High Court Dismisses Ex-MLA Dilbag Singh's Plea Challenging ED's Provisional Attachment Order In Illegal Mining Case
The Punjab and Haryana High Court has dismissed a plea filed by Indian National Lok Dal's former MLA Dilbagh Singh and others, challenging the Provisional Attachment Order (PAO) passed by the Enforcement Directorate in connection with money laundering allegations in an illegal mining case.A division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal opined that the PAO complied...