Prior To 2015 Amendment Act, Non-Disclosure Of Information Per Se Not A Ground To Incur Disqualification U/S 12 Of Arbitration Act: Rajasthan High Court

The Rajasthan High Court Bench of Justices Pushpendra Singh Bhati and Munnuri Laxman held that under section 12 of the Arbitration Act after the amendment act of 2015, there is a specific reference of ineligibility in the circumstances referred under the Seventh Schedule. This means per se there is an ineligibility if there exists any circumstance, which is specifically referred to in the...

Disciplinary Proceedings Need Only 'Preponderance of Probability', Not 'Beyond Reasonable Doubt': Madras HC

Madras High Court: A Division Bench of Justice M.S. Ramesh and Justice C. Kumarappan upheld the dismissal of two Greaves Cotton Limited workers accused of engine sabotage. The court reaffirmed that disciplinary proceedings need only meet the “preponderance of probability” standard rather than criminal law's “beyond reasonable doubt” threshold. The court found the...

Kerala High Court Stays Proceedings Against Actor Edavela Babu In Sexual Harassment Case

The Kerala High Court on Thursday granted an interim stay on further proceedings in a sexual harassment case against Malayalam movie actor and former General Secretary of Association of Malayalam Movie Artists (AMMA) Edavela Babu. The order was passed by Justice A. Badharudeen in a case filed by the petitioner to quash the FIR lodged at the Nadakkavu Police Station under Sections...

Criminal Courts Of District Judiciary Cannot Recall Their Orders: Kerala High Court

The Kerala High Court has ruled that criminal courts of the district judiciary including Sessions Courts, the Magistrate Courts and even the Special Courts lack inherent powers to recall their earlier orders. As such, the Court quashed an order issued by the Special Court recalling its earlier order on its own.The petitioner was granted bail by the High Court in an NDPS case and as a...

No Double Jeopardy: Kerala High Court Refuses To Quash Rape Case Against Alleged Fraudster Monson Mavunkal

The Kerala High Court on Wednesday (October 23) refused to quash a rape case lodged against alleged fraudster Monson Mavunkal, for allegedly sexually assaulting a girl over a span of about 21 months.The infamous antique dealer has allegedly defrauded many people by selling them fake antiques. He reportedly had connection with many politicians and higher police officials in Kerala....

Karnataka High Court Declines To Quash Cheating Case Against Sculptor For Doing "Shoddy Job" Of Designing Statue For Theme Park

The Karnataka High Court has refused to quash a cheating case registered against Krishna Naik, accused of unscientifically erecting a 33-foot statue of Parashurama inside a theme park in Udupi district, which had to be brought down after a few months of erection.A single judge bench of Justice M Nagaprasanna dismissed the petition and said, “Though the petitioner was entrusted with the work...

Recovery Of Time-Bound Promotion Benefits (Kramonnati) From Work Charged Employees Illegal, Benefits Must Continue; MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Vivek Jain upheld work charged employees' right to time-bound promotion benefits (kramonnati), quashing recovery orders issued against them. The Court held that work charged and contingency paid employees constitute a common class under service rules, entitled to identical benefits including kramonnati. Rejecting...

UAPA | Mere Allegations Of Terrorist Gang Association Without 'Specific Evidence' Insufficient To Deny Bail: Jharkhand High Court

The Jharkhand High Court has held that merely alleging membership in a terrorist gang and association with its leadership, without providing specific instances of involvement in criminal activities, would not be enough to substantiate such claims. Thus granting bail to the appellant charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the court ruled that vague and...

HYDRAA Demolition Drive Following Due Process: State Tells Telangana High Court, No Interim Relief In PIL

The Telangana High Court on Wednesday (October 23) declined to grant interim relief in a public interest litigation (PIL) seeking to restrain the 'Hyderabad Disaster Response and Asset Protection Agency' (HYDRAA)' from demolishing any buildings without following due procedure. The high court did so after noting the State's submission that due process was being followed by the authorities....

Madras High Court Allows Student To Continue In MBBS Course After Wrongly Choosing BDS Course During Counselling

The Madras High Court recently came to the rescue of a student, who despite having been allotted the MBBS course in the first round of counselling, had wrongly chosen the BDS course. The bench of Justice R Subramaniam and Justice Sunder Mohan observed that it could not agree with the State's hyper-technical contention and give capital punishment for a genuine mistake committed...

Forest Tribunal Unlike High Court Has No 'Inherent Power' Of Review: Kerala High Court 5-Judge Bench

A five judge bench of the Kerala High Court has held that the Tribunal constituted under the Kerala Private Forests (Vesting and Assignment) Act has no inherent power of review and this authority has to be traced to the provisions permitting the review.In doing so the bench said that Tribunal's power of review under Section 8B (3) cannot be enlarged on grounds other than those mentioned...

2017 Mandsaur Firing: Madhya Pradesh HC Declines Plea To Table Inquiry Commission's Report Before Assembly Noting 6-7 Years Had Gone By

The Madhya Pradesh High Court dismissed a plea seeking tabling of the Jain Commission report on the 2017 Mandsaur farmer shooting incident before the legislative assembly, after noting that 6-7 years had lapsed since the report was submitted by the Commission to the state government. The court noted that there was no consequence provided in the Commission of Inquiry Act if the commission's...