Motor Accident Claims Must Be Backed By Evidence, Vehicles Not Involved In Accident Cannot Be Asked To Pay Compensation: Gauhati High Court

The Gauhati High Court on Monday set aside the judgment and award passed by Motor Accident Claims Tribunal, Darrang, by which it has directed the 23rd Battalion of Sashastra Seema Bal (SSB) to pay a compensation to the tune of Rs. 14,57,732/- to the claimant, on the ground that it was not proved before the Tribunal that a vehicle belonging to 23rd Battalion of SSB was involved in the...

Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides the claims on merits. Whether termination of the agreement was valid or not is not be decided by the court at section 9 stage. Primacy to agreement between the parties has to be...

Huge Backlogs With FSLs Show Stark Failure By States In Timely Administration Of Justice: Punjab & Haryana High Court

The Punjab & Haryana High Court has directed Governments of Punjab & Haryana to consider implementation of recommendations made by the Committees constituted for functioning of the Forensic Science Laboratories (FSL) across the States of Haryana and Punjab.The extensive backlog with the FSL, which has caused undue delays in trials, reveals a stark failure on the part of the States...

Complaint Case Pending For 7 Yrs: To Curb 'Tareekh Pe Tareekh' Culture, Allahabad HC Directs Magistrate To Pass Order In 1 Week

The Allahabad High Court recently directed a magistrate to pass an appropriate order under Sections 203 or 204 CrPC (as the case may be) in a complaint case pending before a Court in Ballia for the last 7 years. A bench of Justice Saurabh Shyam Shamshery observed that such a direction was being given to the magistrate concerned to secure the ends of justice and to curb the...

Enforcement Court U/S 48 Of Arbitration Act Can Refuse To Enforce Foreign Award But Cannot Set It Aside: Delhi High Court

The Delhi High Court Bench of Mr. Justice Jasmeet Singh affirmed that the power to set aside a foreign award lies only with the courts at the seat of the arbitration, which exercise primary/supervisory jurisdiction over the matter. Even if grounds under Section 48 of the Arbitration Act can be made out, the Court being the enforcement court and having only secondary jurisdiction over the...

Calcutta High Court Seeks Report From Top Police Officials On Allegations Of Violence During Durga Puja Celebrations

The Calcutta High Court vacation bench of Justices Md Shabbar Rashidi and Hiranmay Bhattacharya has called for a report from the Commissioner of Police, Kolkata, over allegations of violence which took place during Durga and Laxmi puja celebrations in the State.It was claimed by the petitioner that during the Durga Puja and Lakshmi Puja celebrations in the State of West Bengal which were...

Karnataka HC Quashes Criminal Case Against Pilot Under Aircraft Act After Plane Flown By Him Toppled During Take Off

The Karnataka High Court has said that an offence under Section 11 of the Aircraft Act is not maintainable unless a complaint is filed with prior sanction to prosecute from the competent authority.A single judge bench of Justice M Nagaprasanna held thus and allowed the petition filed by a pilot Akash Jaiswal against and quashed the proceedings initiated against him under Section 11A. As per...

Cheque Bounce Cases Semi Criminal/Civil In Nature, Presence Of Accused In Hearing Not To Be Insisted Upon: Rajasthan High Court

The Jodhpur bench of the Rajasthan High Court has recently ruled that presence of accused particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded.A single judge bench of Justice Arun Monga was hearing a quashing plea of a man booked...

GST Rate On Bricks With Less Than 90% Fly Ash Content To Be Charged At 5% Instead Of 18%: Gujarat High Court Clarifies

The Gujarat High Court on 25th September (Wednesday) held/clarified the Goods and Services Tax (GST) applicable to fly ash bricks and blocks with less than 90% fly ash content. The court ruled that the products qualify for the lower GST rate of 5%, than 18% GST rate on products not meeting the 90% fly ash threshold and quashed and aside the orders of the Advance Ruling Authority and...

"Career Of Hundred Students At Stake": High Court Summons Top Punjab Govt Officers Over Non-Payment Of Scholarship Money To Panjab University

The Punjab & Haryana High Court has summoned top officials including Punjab's Principal Secretary, Department of Higher Education along with the entire record to explain why the amount of Scholarship has not been paid to the Panjab University.The case pertains to students whose degrees and certificates have allegedly been withheld by Panjab University (PU) pending reimbursement of fees...

Public Prosecutor Cannot Just Act As Per Instructions Of Govt, Must Apply Mind Before Withdrawing Case: Kerala High Court

The Kerala High Court held that the Public Prosecutor has to apply his mind independently on the material before him and decide whether to withdraw a case even if the Government has ordered for withdrawal. The Single Bench of Justice K. Babu observed that the Public Prosecutor should independently decide that such a case is fit for withdrawal even if there is a direction from the...

Hope Centre And State Will Resolve Dispute: High Court On Shortage Of FCI Godowns In Punjab For Storing Paddy

'Hope and expect that the Central Government as well as the State Government will sit on the same table and resolve the dispute as expeditiously as possible' said the Punjab & Haryana High Court on the issue with regard to the shortage of storage space in Punjab for paddy.Reportedly, the lack of storage space in the FCI's godowns, and the arrival of the new paddy at mandis, has...