All High Courts
'Serious Misconduct': Gujarat HC Declines Plea By Govt Officer Debarred From Taking Class-I Officer's Exam For 'Misbehaving With Invigilator'
While dismissing a plea by a government officer debarred from the Gujarat Public Service Commission (GPSC) 2023-2024 due to her alleged misconduct in preliminary examination, the Gujarat High Court observed allegations against the officer were serious and not expected from a person appearing in Class-I officer's exam. The petitioner officer moved the high court challenging the order of...
Allahabad HC Summons Ghaziabad DM For Violating Division Bench Order To Register Sale Certificates, Issuing Demand Notice Of Over ₹14 Crores
The Allahabad High Court has directed the District Magistrate, Ghaziabad to appear before it in person for violating a Division Bench order directing immediate registration of sale certificates issued in favour of the petitioner, and instead issuing a demand notice of more than Rs. 14 crores under the Indian Stamp Act, 1899.The petitioner had earlier approached the High Court seeking a...
Delhi High Court Upholds Arbitral Award In Dispute Over Interpretation Of “Revenue” In Agreement Between AAI, DIAL/MIAL
The Delhi High Court bench of Justice Yashwant Varma, while adjudicating the petitions filed by the Airports Authority of India (AAI) under Section 34 of the Arbitration and Conciliation Act, 1996, has held that courts while evaluating a challenge under Section 34 would not be justified in faulting an award merely because an alternative view was possible or where they find that,...
Adverse Police Report Cannot Be A Ground For Refusing Parole: Rajasthan High Court
Rajasthan High Court has ruled that if the parole applicant did not suffer from any ineligibility for his/her release under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021 (the Rules), an adverse police report could not be a ground in itself for refusing the parole.The division bench of Justice Pushpendra Singh Bhati and Justice Manoj Kumar Garg observed that parole was a...
'Prima Facie' BMC Has Failed To Control The Menace Of Illegal Hawkers: Bombay High Court
The Bombay High Court on Wednesday, while castigating the Brihanmumbai Municipal Corporation (BMC) for 'failing' to control the menace of illegal hawkers within Mumbai, said it will now have a 'pragmatic' approach to resolve this long pending issue.A division bench of Justices Ajay Gadkari and Kamal Khata was irked to note that despite the 'tall claims' of the BMC in its earlier affidavits...
Woman Advocates Seeks Senior Designation After Completing 10 Years Of Practice, Cites Fundamental Duties; Bombay High Court Rejects Plea
The Bombay High Court on Monday (October 21) dismissed the plea filed by a woman advocate, who sought to be designated as a 'senior advocate' in view of her completing 10 years in legal practice.A division bench of Justices Nitin Sambre and Vrushali Joshi noted that the petitioner advocate - Manjeet Kaur (47), sought senior designation while relying on section 16 (which provides for...
Mentioning Proposed Penalty In Declaration Under SVLDR Scheme Not Incorrect: Gujarat HC
The Gujarat High Court has held that Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) is applicable to any show cause notice for penalty/late fee, irrespective of whether it is under adjudication or appeal. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt cited FAQs of the scheme as per which, any person who has a show cause notice (SCN) for demand...
Award Can Be Set Aside On Grounds Of Patent Illegality If Decision Of Arbitrator Is Perverse Or Irrational: Madras High Court
The Madras High Court Bench of Justice C.Saravanan held that patent illegality as a ground for setting aside an Award is available only if the decision of the Arbitrator is found to be perverse or so irrational that no reasonable person would have arrived at the same or the construction of the contract is such that no fair or reasonable person would take or that the view of the Arbitrator...
Allahabad HC Stays Coercive Action Against Lawyer Accused Of Posting 'Indecent' Content Against Brahmin Community Online
The Allahabad High Court has stayed coercive action against a Jaunpur-based lawyer who is facing an FIR on the allegations of posting indecent content against the Brahmin community online. Listing the case for February 7, 2025, a bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi granted relief to Lawyer Barsatu Ram Saroj, as it noted that the matter...
Immoral Transaction Like Bribe Not Enforceable Under Negotiable Instruments Act: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a bribe amount does not constitute as a legally enforceable liability under the Negotiable Instruments (NI) Act.Justice Manjari Nehru Kaul said, "A payment made as a bribe, being an illegal and immoral transaction, does not constitute a legally enforceable liability. Thus, the learned trial Court correctly concluded that no...
Court Can Draw Adverse Inference Of Husband's Failure To File Income Affidavit In Wife's Plea For Interim Maintenance: Punjab & Haryana HC
The Punjab and Haryana High Court has said that the Court is constrained to draw adverse inferences against husband if despite giving ample opportunities, he fails to file Affidavit of Disclosure of Assets and Liabilities in wife's interim-maintenance plea.Justice Sumeet Goel said, "In cases where a party fails to file the Affidavit of Disclosure of Assets and Liabilities, despite being...
Cyclone Dana: Orissa High Court Asks Cuttack Authorities To Remove Bamboo Structures, Hoardings; Flags 'Artificial Scarcity' Of Commodities
The Orissa High Court on Tuesday inquired about the preparedness of the civic authorities of Cuttack city in the face of probable severe cyclonic storm 'Dana', which is likely to make land-fall on the coast of Odisha in between 24th and 25th October.A Special Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a PIL concerning the civic issues of the city of...