Arbitration Agreement Remains Valid Even If Underlying Contract Is Terminated: Sikkim High Court

The Sikkim High Court bench of Chief Justice Biswanath Somadder and Justice Bhaskar Raj Pradhan affirmed that it is well settled that if the contract containing arbitration clause is rendered invalid or void, it does not affect the arbitration agreement. The arbitration agreement would continue to exist and the validity of which will be decided by the Arbitral Tribunal under section 16...

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act

The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. In doing so the court also observed that the police after...

Madras High Court Denies Anticipatory Bail To Actress Kasthuri For Alleged 'Controversial Remarks' About Telugu Community

The Madras High Court on Thursday (November 14) denied anticipatory bail to South Indian actress Kasthuri for her alleged comments against the Telugu community in Tamil Nadu. A single bench of Justice Anand Venkatesh, on Thursday dismissed the anticipatory bail plea filed by the actress. Speaking at a Brahmin meet in Chennai on November 3rd, the South Indian actress had purportedly...

Reusing Another Brand's Embossed Beer Bottles To Sell One's Own Beer Product Is Trademark Infringement: Madhya Pradesh High Court

The Madhya Pradesh High Court has made it clear that reusing old beer bottles, which are embossed with the brand name/ logo of another company, to sell one's own beer product- constitutes trademark infringement.A division bench of Justices Sanjeev Sachdeva and Pranay Verma thus restrained the sale of two beer companies in old bottles of Mount Everest Breweries Ltd., which are embossed with...

Recovery Of Excess Payment From Lower-Rung Employees Violates Article 14: Patna HC Imposes Rs 5 Lakh Penalty On Child Development Project Officer

The Patna High Court has reiterated that recovering excess payments from employees in the lower service tiers, such as Class-III and Class-IV staff, is iniquitous and would place an undue burden on them, exceeding any reciprocal benefit to the employer.Justice Purnendu Singh, presiding over the matter, emphasised, “employees in lower rung of service would spend their entire earnings in...

[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court

The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law.The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in the alleged...

Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court

The Kerala High Court has held that a person residing in a state can register his vehicle by any registering authority within the state, irrespective of his place of residence or business within the state, as per Section 40 of the Motor Vehicles (Amendment) Act of 2019.Section 40 provides for the place where the motor vehicle has to be registered. The petitioner's car was not registered by...

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court

Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity.The court further underscored that in today's...

[GST] Penalty Can't Be Imposed On Goods In Transit With Tax Invoice & E-Way Bill, Citing Subsequent Suspension Of Registration: Allahabad HC

The Allahabad High Court has set aside the demand and penalty order passed under Section 129 of the Central Goods and Services Tax Act 2017 against a trader whose GST registration came to be suspended, after it found that the goods in transit were accompanied with proper tax invoice and e-way bill. A division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar relied...

Calcutta High Court Imposes 1500 Limit On Attendees At BJP's Rally In Howrah, Expresses Concerns Over 'Narrow Strech' Of Road

The Calcutta High Court has allowed a rally by the Bharatiya Janata Party in Kolkata's Howrah area, after permission had been refused by the police authorities. A single bench of Justice Tirthankar Ghosh allowed permission for the rally, but expressed string exception over the fact that it had been scheduled to be held along a stretch of "narrow road" which was only 20 metres wide.Keeping in...

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court

In a significant ruling, the Bombay High Court on Tuesday (November 12) held that a daughter will not have any limited or absolute right of inheritance in the properties of her father, if he has died prior to the enforcement of the Hindu Succession Act, 1956.A division bench of Justices Atul Chandurkar and Jitendra Jain answered a reference - Whether a daughter could acquire any right, either...

Calcutta High Court Declines To Quash Case Against Owner Of Nursing Home Over Death Of COVID Patient Due To Treatment By 'Fake Doctor'

The Calcutta High Court has declined to quash a case against the owner of a nursing home filed by the father of a lady suffering from COVID-19, who allegedly passed away due to treatment by a "fake doctor."A single bench of Justice Ajoy Kumar Mukherjee held:"It is true that the petitioner in this application has made a conscious effort to distance herself from the other accused Sudipto Sardar...