All High Courts
Award Cannot Be Set Aside On Grounds Of Mere Illegality Unless Patent Illegality Is Established U/S 34 Of Arbitration Act: Himachal Pradesh HC
The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua, affirmed that 'patent illegality' in the award calls for interference under section 34 of the Arbitration Act but a mere illegality is not patent illegality. It ought to be apparent on the face of the award and not the one which is culled out by way of a long drawn analysis of pleadings and...
Instruct IOs To Ensure Compliance Of Mandatory Safeguards Concerning Recoveries U/S 27 Evidence Act: Allahabad HC To UP DGP
The Allahabad High Court recently directed the State DGP to issue directives to investigating authorities to ensure they comply with the mandatory safeguards relating to recoveries to be read in evidence under Section 27. Expressing concerns over courts frequently discarding prosecution cases due to IOs' lapses in following legal procedures during evidence recovery, a bench of...
MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court
The Odisha High Court bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman has upheld that an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) could only be challenged in accordance with Section 34 of the Arbitration and Conciliation Act, 1996, as mandated by Section 19 of the MSMED Act. The court held that the Single...
Himachal Pradesh High Court Nullifies 2006 Law Permitting Appointment Of MLAs As Parliamentary Secretaries
Today, the Himachal Pradesh High Court nullified a 2006 State Law which permitted the state government to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries. The Court found the Law to be beyond the legislative competence of the State Legislature. With this, a bench of Justice Vivek Singh Thakur and Justice Bipin Chander Degi also set aside...
Anganwadi Workers Perform Onerous Statutory Duties, Not Considering Them As Part Of State Civil Services Is Discriminatory: Gujarat HC
The Gujarat High Court in an order passed recently observed that although Anganwadi Workers (AWWs) and Helpers (AWHs) are not formally part of State Civil Services, they perform a "unique role" as well as onerous statutory duties under the Right to Education Act (RTE) and the National Food Security Act (NSF). In doing so the court the found the State's refusal to recognize them within State...
Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12(5) of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. In this case, the petitioner had waived...
Honouring Bharat Mata Is An Expression Of Love And Pride: Madras High Court Asks State To Return Bharatha Matha Statue Taken From BJP Office
The Madras High Court recently asked the State to return a Bharatha Matha statue that was seized from the Bharathiya Janata Party's office in Virudhanagar East. Though the authorities claimed to have removed the statue to maintain peace and harmony in the society, Justice Anand Venkatesh observed that no person in their right mind would contend that the expression of...
Madras High Court Allows Release Of Suriya Starrer 'Kanguva' After Producer Makes Part Payment Towards Dues
The Madras High Court on Wednesday (November 13) cleared the release of Suriya and Bobby Deol starrer Kanguva movie after its producer, K E Gnanavel informed the court of making part payment towards dues. A division bench of Justice G Jayachandran and Justice CV Karthikeyan also recorded a proposal made by the producer of making a one time settlement of Rs 3,75,00,000 by December...
On ICAI's Plea, Karnataka HC Restrains Company From Certifying Individuals As "Fit To Practise" Income Tax, GST, Custom Brokerage, Etc
The Karnataka High Court has by way of an interim order restrained a private company from offering courses under the name and title of 'Post Graduate Diploma in Taxation Professional Skill Qualification.'A single judge bench of Justice Suraj Govindaraj passed the order while hearing a petition filed by the Institute of Chartered Accountants of India. The court restrained M/s Institute...
Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father
The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression.The Court further stated that scientific studies are proving that post-partum depression is relatively...
S. 13 (1) (iii) HMA | Spouse's 'Schizophrenia' Alone Not Sufficient For Divorce, Requisite Degree Of Mental Disorder Must Be Proved: Allahabad HC
The Allahabad High Court has recently observed that the ground of a spouse suffering from schizophrenia, by itself, is not sufficient for the grant of a decree of divorce under Section 13(1) (iii) of the Hindu Marriage Act 1955 as it must be proven that the 'mental disorder' if of such a kind and degree that a spouse cannot reasonably be expected to live with partner. Noting that...
Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court
The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee.A single judge bench of Justice S Sunil Dutt Yadav said “The...