Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court

Applying the Golden Rule for purposive interpretation of Section 25 of the Hindu Marriage Act, the Jodhpur bench of the Rajasthan High Court ruled that the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as provided in the provision. In doing so the court underlined that res judicata is not applicable since the reliefs sought under Section 25 could...

Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that petition under section 34 of the Arbitration Act cannot be entertained which is filed beyond the prescribed period of 3 months under section 34(3) of the Act in the absence of sufficient cause being shown. Brief Facts Award was passed on 06.11.2023 in favour of the non-applicant/respondent by the...

Punjab & Haryana High Court Upholds Constitutional Validity Of Haryana Municipal (Amendment) Act, 2018

The Punjab & Haryana High Court upholds the constitutionality of Haryana Municipal (Amendment) Act, 2018 whereby the State Election Commission (SEC)was empowered to remove to remove municipal presidents and members on grounds of statutory disqualification under section 13 A of the Act. Justice Sureshwar Thakur and Justice Sudeepti Sharma said that Article 243V of the Constitution...

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that executing court under section 36 of the Arbitration Act can direct the award debtor to deposit the decretal amount in the court registry till the disposal of the petition under section 34 of the Arbitration Act. The court also observed that while deciding an application under Section 36 (3) of the Arbitration...

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. Justice P. V. Kunhikrishnan in its order said that the fourth exception to Section 499 IPC says that, it is not defamation to publish a substantially true report of the...

Not Considering Income Tax Assessee's Request For Personal Hearing Violates Natural Justice: Kerala High Court

The Kerala High Court held that the income tax authorities, by not considering a request for personal hearing has violated the principles of natural justice. Justice K. Babu observed that due to this violation, the orders passed without considering the assessee's request is bound to be set aside.“The adherence to principles of natural justice as recognized by all civilized States is of...

Delhi High Court Directs Delhi Jal Board To Pay ₹22 Lakh Compensation Over Death Of 9-Yr-Old By Falling Into Pit

The Delhi High Court has recently directed the Delhi Jal Board (DJB) to pay compensation of Rs. 22 lakh over death of nine-year-old boy by falling into a pit in 2016. Justice Purushaindra Kumar Kaurav said that there was negligence on the part of DJB and it was thw duty of the Board to maintain safe conditions and take due precautions in and around the land where the pit was situated. “it...

Person Engaged In Construction, Maintenance Or Demolition Of Buildings Above One Storey Is Employee Under Employees Compensation Act: Allahabad HC

The Allahabad High Court has held that any person engaged in construction, maintenance, repairing or demolition of any building which is more than one story high is an employee for the purposes of compensation under the Employees Compensation Act, 1923.Claimant-appellant's husband was carrying out wall painting and repair work when he fell from the third floor of a building and sustained...

'Inordinate Delay In Registering FIR', Kerala High Court Grants Anticipatory Bail To Malayalam Actor Baburaj In Sexual Harassment Case

The Kerala High Court has allowed the anticipatory bail application moved by Malayalam film actor Baburaj in connection with allegations of sexual harassment that came to light following the Hema Committee report, with stringent conditions. The Court has directed actor Baburaj to surrender before the Investigating officer in ten days.The crime was registered against him at the Adimali...

S.50 PMLA Statement Given In ED Custody Inadmissible: Madhya Pradesh HC Gives Bail To Man Booked For Importing Poppy Seeds Worth Rs 140 Cr

While allowing a man's bail plea booked for money laundering under the Prevention of Money Laundering Act, the Indore bench of the Madhya Pradesh High Court has reiterated that statements of the accused recorded by the investigating agency under Section 50 PMLA while he was in custody shall be inadmissible against him.In doing so it also observed that in the present case the opinion formed by...

Bombay High Court Takes Cognizance Of Civic Officer, Advocate Abusing And Assaulting Court Peon, However Accepts Their "Unconditional Apologies"

The Bombay High Court recently took suo motu cognizance of an "unfortunate incident" which took place in the Court premises, wherein an advocate and an official of the Nashik Municipal Corporation (NMC) abused a court peon in a filthy language after they were asked to maintain silence.A division bench of Justices Ajay Gadkari and Kamal Khata was disturbed to take note of the incident...

Delhi High Court Weekly Round-Up: November 18 To November 24, 2024

Citations 2024 LiveLaw (Del) 1246 to 2024 LiveLaw (Del) 1281NOMINAL INDEXANI v. RSY News & Anr. 2024 LiveLaw (Del) 1246 Kanwar Singh Yadav vs. Delhi Tourism and Transport Development Corporation Limited 2024 LiveLaw (Del) 1247 Gautam Gambhir v. State 2024 LiveLaw (Del) 1248 SHABANA v. GOVT OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 1249 SUBATA KHAN v. GNCTD 2024 LiveLaw (Del)...