CWC's Order Cannot Be Based On Personal Moral Values, Must Protect Child's Interests: Kerala HC Gives Custody Of Infant To Breastfeeding Mother

The Kerala High Court quashed an order of Child Welfare Committee (CWC) giving the custody of a one-year child to the father observing that the Committee did not even consider that the child was being breastfed by the mother. Justice V. G. Arun gave the custody of the child to the mother.The CWC had awarded custody to the father after observing that the mother had chosen to stay with a man...

Administrative Error In Pay Fixation Cannot Lead To Post-Retirement Recovery With Interest: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Sushrut Arvind Dharmadhikari quashed a recovery order seeking excess payments with interest from a retired Subedar. The Court held that recovery of excess payments from retired government employees, particularly when there is no misrepresentation or fraud, is impermissible after four years of retirement under Rule 9(4) of M.P....

GST Order Cannot Be Challenged Citing No Personal Hearing If Hearing Not Requested After Receipt Of SCN: MP High Court Dismisses Plea

The Madhya Pradesh High Court at its Indore bench, dismissed a writ petition which was filed by Future Consumer Limited, challenging an order passed by the Deputy Commissioner of State Tax under Section 73 of GST Act. The petitioner stated that they were denied the right to personal hearing under Section 75(4) of the Act. The division bench comprising of Justice Vivek Rusia and Justice...

Reduction Of Awarded Interest Under Section 34 Of Arbitration Act Is Impermissible: Delhi High Court

The Delhi High Court Bench of Justice Jasmeet Singh held that the arbitral tribunal has the discretion to grant pre-award interest and/or post-award interest, on either whole or part of the principal amount. In proceedings under section 34 of Arbitration and Conciliation Act, 1996, it is impermissible to reduce interest awarded since the same amounts to modification of the...

Failure To Place "Information" Of Contempt In Judge's Papers Or With Notice Issued To Contemnor Is An "Incurable Defect": Kerala High Court

The Kerala High Court has made it clear that in case of contempt of court, rules prescribed by the High Court should be strictly followed and any deviation therefrom is fatal to the proceedings.The Division Bench comprising Justice Devan Ramachandran and Justice M. B. Snehalatha noted that once the defect is noticed in the proceedings, any attempt to continue with it can be viewed as one...

Legal Aid Clinics In All Jails, Mental Well-Being Of Inmates: Gujarat State Legal Services Authority Implements SoP For Prison Reforms

Gujarat High Court Chief Justice and Patron-in-Chief of the State Legal Services Authority (GSLSA) Justice Sunita Agarwal has developed an exhaustive Standard Operating Procedure (SOP) titled "Prison Reforms" which aims to enhance legal services for jail inmates who have been incarcerated for extended periods.The launch of this initiative was emphasised during the release of a compiled book...

Tribunal Is Master Of Evidence, Findings Cannot Be Scrutinised U/S 37 Of Arbitration Act As If Court Sitting In Appeal: Delhi HC

The Delhi High Court Bench of Justices Tara Vitasta Ganju And Vibhu Bakhru held that the Arbitral Tribunal is the master of evidence and a finding of fact arrived at by an arbitrator is on an appreciation of the evidence on record, and is not to be scrutinized under section 37 of Arbitration Act as if the Court was sitting in appeal. Brief Facts Pec Limited (Appellant) issued a...

Financial Constraints Cannot Override Constitutional Right To Equal Pension Benefits: Kerala HC

Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that pre-2006 Assam Rifles retirees are entitled to revised pension benefits on par with post-2006 retirees. The court rejected the Union of India's financial constraints argument, holding that monetary considerations cannot justify violation of fundamental rights. Following Supreme Court precedents, the court...

It's Our Compassion For Society Which Sustains Us As Judges : CJI DY Chandrachud

Chief Justice of India (CJI) Dhananjay Chandrachud on Friday said that a sense of compassion for the society sustains judges."But above all, what sustains us as judges? It is our sense of compassion for the society in which we render justice," he stated while addressing a felicitation function organised by the Bombay Bar Association in honour of the outgoing CJI.In this context, he referred...

Punjab & Haryana High Court Directs ED To Arrest Former Congress MLA Dharam Singh Chhoker In PMLA Case

The Punjab & Haryana High Court directed the Enforcement Directorate (ED) to forthwith arrest former Congress MLA from Haryana Dharam Singh Chhoker accused in a Prevention of Money Laundering Act, 2002 (PMLA) case.It is alleged that the Company owned by Chokker and his family, Mahira Infratech Pvt Ltd had collected Rs 363 crore from homebuyers for the construction of 1,500 flats to...

Provisions Of IPC Would Apply To Offences Committed Before 1st July, Though Registered After Commencement Of BNS: Madras High Court

While quashing a defamation complaint filed against Tamil Nadu speaker M Appavu, the Madras High Court observed that the complaint registered after 1st July 2024, under the provisions of IPC, for an offence committed before 1st July was maintainable. Justice G Jayachandran observed that if the saving clause under Section 531 of BNSS is restricted only to matters pending on or before...

Stray Animal Menace In AIIMS, Courts Concerning; Difficult For People Particularly With Disabilities To Even Walk On Road: Delhi High Court

While hearing a public interest litigation petition on attacks by strays such as monkeys and dogs on persons with disabilities in the city, the Delhi High Court orally called for the adoption of an approach balancing the rights between both stray animals as well as PwDs and a mechanism to deal with the same. The court however orally said that the "City cant be in such a shabby condition that...