All High Courts
No Rational Nexus In Restricting Hospital Sanitation Tenders To Those With In-State Experience: Himachal Pradesh High Court
The Himachal Pradesh High Court passed directions in a case which challenges Clause F(c) in the Notices Inviting Tenders issued by the Health & Family Welfare Department.For reference: “Clause F(c) prescribes that only firms with prior experience of hospital sanitation within the State of Himachal Pradesh shall be eligible to tender for sanitation services in public...
Appointment Of Candidate Who Deliberately Enters Higher Marks In Form To Gain Undue Advantage Is Fundamentally Illegal: Allahabad High Court
The Allahabad High Court has held that appointment of a candidate who deliberately enters higher marks in application form for recruitment, to gain undue advantage in selection process is fundamentally illegal. It held that such candidate cannot seek the benefit of estoppel as the appointment is tainted from the beginning.Justice Manju Rani Chauhan held, “where a candidate deliberately...
Bombay High Court Quashes ₹1.26 Crore Arbitral Award Over Unilateral Appointment Of Arbitrator
The Bombay High Court recently set aside a ₹1.26 crore arbitral award made in favor of Madhuban Motors Pvt. Ltd. on the grounds that the lender unilaterally appointed the sole arbitrator, violating Section 12(5) of the Arbitration and Conciliation Act, 1996. Ruling that participation in arbitral proceedings cannot remedy an ineligible appointment, the Bench comprising of Justice Sandeep...
'Deceased Was Murdered By Someone Else': Allahabad High Court Acquits Murder Accused 38 Years After Life Imprisonment Sentence
Recently, the Allahabad High Court has acquitted 3 accused of murder and serving life imprisonment on grounds that the murder was a blind murder and was carried out by someone else. The Court held that there were major contradictions in ocular and medical evidence and the prosecution failed to prove its case beyond reasonable doubt.While acquitting the 3 accused, the bench of Justice J.J....
Review Power Not Inherent; Authority Becomes Functus Officio Once Final Order Passed: Patna HC Reinstates Panchayat Teachers After 10 Years
The Patna High Court recently set aside the orders of the state-level tribunals and reinstated two women Panchayat teachers in Buxar after nearly a decade-long legal battle. In doing so, the Court reiterated that the power of review is not an inherent attribute of a judicial or quasi-judicial authority and must flow from a specific statutory conferment.A Single Judge Bench comprising Justice...
Including Dead Persons As Prosecution Witness Goes To Root Of Matter, Shows Non-Application Of Mind Rendering Probe Unreliable: Allahabad HC
The Allahabad High Court has held that investigation is rendered unreliable and legally unsustainable if dead persons are included as prosecution witnesses without any explanation.Justice Shekhar Kumar Yadav held “The inclusion of deceased persons as prosecution witnesses, without any explanation, goes to the root of the matter and reflects non-application of mind during investigation,...
Availability Of Civil Remedy Not Grounds To Quash Criminal Proceedings: J&K High Court Holds In Enso Tower Dispute
The High Court of Jammu & Kashmir and Ladakh recently held that the mere existence of a civil or commercial dispute does not bar criminal prosecution, if the allegations in a complaint disclose the commission of a criminal offense. Noting that same facts might result in both civil and criminal remedies, the bench comprising of Justice Sanjay Dhar, on 26th December, 2025, rejected to quash...
Bank's Right To Recover Becomes Absolute Once Demand Notice Is Served In Borrower's Lifetime, Fresh Notice To Legal Heirs Not Needed: Kerala HC
The Kerala High Court, in a recent judgment, held that the statutory right of a bank to recover dues from a borrower under the SARFAESI Act becomes absolute once the demand notice is duly served during his lifetime and the mandatory 60-day period expires without the liability discharged.There was no need for the bank to issue fresh notices under the Act for the legal heirs of the...
Bail Is Rule, Jail Exception: High Court Grants Bail To J&K Bank Manager In Alleged Multi-Crore Loan Fraud Case
The Jammu and Kashmir and Ladakh High Court has granted bail to Jatinder Kumar, a Manager of Jammu & Kashmir Bank, who was arrested in connection with an alleged large-scale loan fraud case investigated by the Crime Branch, Economic Offences Wing (EOW), Jammu.While allowing the bail application, Justice Mohammad Yousuf Wani strongly reiterated the settled constitutional principle that...
Non-Signatory Developer Can Be Impleaded In Arbitration If Conduct Shows Intent To Be Bound: Karnataka High Court
The Karnataka High Court has refused to interfere with an arbitral tribunal's decision impleading a non signatory company in arbitration proceedings holding that where conduct, agreements and commercial involvement of a party demonstrates clear intent to be bound by the arbitration agreement, the Group of Companies would apply. A Division Bench of Justice Jayant Banerji and Justice...
Courts Must Not Stifle Corruption Probes At Threshold: J&K&L High Court Refuses To Quash FIR Against Former ARTO
Reiterating that courts must not stifle corruption investigations at the threshold, the Jammu and Kashmir and Ladakh High Court has dismissed a plea seeking quashment of an FIR registered against a former Assistant Regional Transport Officer, holding that the record discloses “sufficient grounds to suspect commission of offences” and that no case for exercise of inherent jurisdiction is...
Bombay High Court Sets Aside Arbitral Award Against Investors, Says Participation In Regulatory Proceedings Is Not “Forum Shopping”
The Bombay High Court recently set aside an arbitral decision that had rejected investors' claims against Central Depository Services (India) Limited (CDSL), on the grounds of alleged forum shopping, by declaring that involvement in regulatory proceedings does not bar independent arbitration remedies. Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996,...