S.34 Application Cannot Be Rejected Merely Because Approach Of Court Should Be Not To Interfere With Award: Delhi High Court

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee have held that the Arbitral Award should not be interfered with lightly, the same does not imply that applications filed under Section 34 ought to be rejected only on the grounds that the approach of the Court should be not to interfere with the award. Additionally, the court held that both the parties,...

ADM Naveen Babu's Wife Moves Kerala High Court Seeking CBI Probe, Says Possibility Of Homicidal Hanging Cannot Be Ruled Out

A plea has been moved before the Kerala High Court by the wife of deceased ADM Naveen Babu seeking a CBI investigation into her husband's tragic death.CPM Member and former Kannur district Panchayath President PP Divya who was accused of abetting the suicide of Naveen Babu was granted bail by the Thalassery Sessions Court in the first week of November. The plea stated that ADM Naveen Babu...

Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court

Recently, the Allahabad High Court has held that cases where appointment of arbitrators is through contracts which contemplate such appointment and statutory appointment of arbitrators are two separate classes to cases and the same are distinguishable on facts.National Highways Authority of India approached the High Court against order of the Additional District Judge, POCSO Act, Bijnor...

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court

The Kerala High Court while dismissing a case for expunging the adverse remarks made against a police officer, observed that such remarks were absolutely necessary to take an appropriate decision in that order. Justice A. Badharudeen said that in such a case, it will be difficult to issue notice to the officer before making such observation."...such a finding by the learned Special Judge...

Delhi High Court Grants Relief To Mankind Pharma, Restrains Use Of 'Mankind Agri Seeds' Mark

Granting relief to pharmaceutical company "Mankind Pharma", the Delhi High Court has recently restrained a Gujarat based agricultural goods manufacturer entity from using "Mankind Agri Seeds'" mark while advertising or selling its products. Justice Amit Bansal passed the interim order in favour of Mankind Pharma in its trademark infringement suit against Mankind Agri Seeds, observing that a...

'Father Stan Swamy Has Taken Efforts For Tribal Welfare' : Madras High Court Allows Installation Of His Statute In Private Land

The Madras High Court has allowed a man to install a stone pillar containing Father Stan Swamy's photo on his private land, honoring the work done by the latter for the Tribal persons. Quashing a notice issued by the State authorities, Justice M Dhandapani remarked that Fr Stan Swamy had taken a lot of efforts for the welfare of the tribal persons. The court also noted that citizens had...

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer(s) of the matrimonial related litigation(s) if her...

Kerala High Court Quashes Punishment On Sub-Engineer At Kerala State Electricity Board Invoked Based On 'Factum Valet' Doctrine

The Kerala High Court quashed the punishment imposed upon a Sub-Engineer of the Kerala State Electricity Board Limited (KSEBL) and exonerated him from all the charges for the delay in issuance of a provisional assessment order, which was imposed by the disciplinary authority by invoking the doctrine of Factum Valet. For context, the doctrine of Factum Valet which means that an act that was...

Possibility Of Victim Herself Being A Partner In Crime: Allahabad High Court Acquits 7 Convicts In 2004 'Minor' Kidnapping, Rape Case

The Allahabad High Court recently acquitted seven accused, convicted in connection with a July 2004 minor girl's kidnapping and rape case, as it observed that the allegations made against the accused were fabricated, intended to serve as a cover-up and create a defence for the victim, who was herself implicated in a separate kidnapping case involving a minor boy. A bench...

Section 303(2) BNS | FIR Can Be Registered Only After Getting Appropriate Order From Magistrate: Madras High Court

The Madras High Court recently observed that the offence under Section 303(2) of the Bharatiya Nyaya Sanhita is a non-cognizable and bailable offence and an FIR could be filed for these offence only after getting appropriate orders from the Magistrate. Justice Anand Venkatesh thus quashed an FIR filed against the man. Though the court noted that the FIR itself was not sustainable in...

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh held that if a candidate's appointment was not as per law, it would be immaterial as to how many years he has discharged duties in relation to the post. The Bench upheld the order of the Single Judge that had denied relief to the Appellant(Head Clerk) who was appointed to the post...

What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers

The Kerala High Court has fixed the notional income at rupees 17, 325 per month for a 5-year-old minor boy, who has been in a state of paraparesis and lost his childhood since a 2016 accident.The Insurance Company challenged the Tribunal's decision to fix the notional income to rupees 8,000 per month. Justice Easwaran S. referred to Master Ayush v. The Branch Manager, Reliance General...