All High Courts
Gauhati High Court Directs Nagaland Govt To Decide Whether Employees Of Advocate General's Office Are Entitled To Secretariat-Level Pay Scale
The Gauhati High Court at Kohima recently directed the State of Nagaland to decide whether the employees of the establishment of the office of the Advocate General, Nagaland are entitled to the pay scale of Secretariat employees.The said direction was passed by the single judge bench of Justice Parthivjyoti Saikia while hearing an application under Article 226 of the Constitution of India praying, more particularly for the grant of Secretariat Level Pay Scale to a UDA posted in the office of the...
Telangana High Court Dismisses Wakf Board's Plea Claiming 5-Star Hotel Property
The Telangana High Court has delivered a significant judgment favoring Viceroy Hotels Limited in their protracted property dispute with the Telangana Wakf Board (the Board). The Court held that the principle of res judicata applies with full force to Wakf property disputes, preventing the Board from re-litigating a settled issue. The dispute centered around a valuable property of almost 5 acres in the center of Hyderabad overlooking the Hussain Sagar Lake. The Waqf Board claimed the property to...
Retrospective Re-Fixing Of Salary And Pension Benefits After Retirement Is Against Law: Madras High Court
The Madras High Court recently set aside an order of the Registrar of Madurai Kamaraj University reducing a former Lab Assistant's scale of pay and subsequently reducing the pension amount. Justice RN Manjula that after retirement, the employer-employee relationship between the petitioner and the University had come to an end and the University held no authority to re-fix the salary and consequential benefits of the petitioner. “The petitioner was retired from service by...
NHAI Arbitration| Landowner Can Seek Appointment Of An Expert Commissioner To Determine True Value Of Property: Kerala High Court
The High Court of Kerala has held that a landowner dissatisfied with property categorization by Competent Authority for Land Acquisition (CALA) can request an Expert Commissioner's appointment to ascertain the property's actual value.The bench of Justice Viju Abraham held that an arbitrator cannot dismiss a landowner's application under Section 26 for an expert commissioner's appointment...
Karnataka High Court Weekly Round-Up: April 22 - April 28, 2024
Citations: 2024 LiveLaw (Kar) 186 To 2024 LiveLaw (Kar) 201Nominal Index:M/s Radical Works Pvt Ltd AND Padmanabh T G. 2024 LiveLaw (Kar) 186P Anandan AND The Divisional Controller. 2024 LiveLaw (Kar) 187R BHARATH AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 188HIGH COURT OF KARNATAKA VS. STATE OF KARNATAKA AND OTHERS. 2024 LiveLaw (Kar) 189ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 190.Iranna & ANR AND Union of India & Others. 2024 LiveLaw (Kar) 191Vijayraj Surana...
Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court
The High Court of Calcutta has held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order.The bench of Justice Sabyasachi Bhattacharyya held that bar under Section 9(3) which proscribe Section 9 remedy upon constitution of arbitral tribunal would not apply when the Court is reapproached for the enforcement of an order passed before the constitution of the tribunal. The Court held that enforcement of an order passed by...
Delhi High Court Refuses To Entertain PIL Seeking 'Authoritative Interpretation' Of Section 66 Of PMLA
The Delhi High Court on Monday refused to entertain a PIL seeking “authoritative interpretation” of Section 66 of PMLA, alleging that ED is pressurizing the police and CBI to file FIRs under predicate offence on the basis of the information shared by it with the agencies.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora granted liberty to the petitioners, Ashok Kumar Singh and another individual, to raise the issue of interpretation before appropriate...
Two Additional Judges Of Telangana High Court Made Permanent
The Central government on April 25 cleared the appointment of Justice Jaggannagari Sreenivasa Rao and Justice Namavarapu Rajeshwar Rao, Additional Judges of the Telangana High Court as permanent judges. “In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint S/Shri Justices (i) .Jaggannagari Sreenivas Rao @ J. Srinivas Rao and (ii) Namavarapu Rajeshwar Rao, Additional Judges of the Telangana High Court, to be Judges of...
Statement Of Contractor Without Supporting Material Not Enough To Declare Transaction Benami: Allahabad HC Quashes Benami Transaction Proceedings
The Allahabad High Court has held that mere statement of the contractor doing construction work cannot be relied upon to declare such construction as benami transaction under the Prohibition of Benami Property Transactions Act, 1988. The Court held that “reasons to believe” in Section 24(1) of the Act must be based on cogent and relevant material.Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 provides that where based on material in his possession, the Initiating...
Arbitration Clause In The Original Agreement Would Not Survive When The Agreement Is Superseded By A Settlement Agreement Without An Arbitration Clause: Delhi High Court
The High Court of Delhi has held that an arbitration clause contained in the original agreement would fall if the agreement is superseded by a settlement agreement without an arbitration clause.The bench of Justice Pratibha M. Singh held that if a mutual settlement supersedes the original contract, the original arbitration clause would not survive and if there is unilateral repudiation, then the arbitration clause may survive depending on the facts.The Court held that if the arbitration clause...
'Belated, Inconsistent Pleas': Kerala High Court Dismisses Review Petition Claiming Possession Over Govt Held Land After 70 Yrs
The Kerala High Court dismissed a review petition stating that a litigant cannot take inconsistent pleas before the Court without being vigilant of his rights.In the facts of the case, the petitioner has approached the High Court with a review petition against a judgment dated February 19, 2024, rendered in a writ petition of 2015 involving a property dispute. In review, he claims ownership over the disputed property using two additional documents as evidence. The Court held that the petitioner...
Overstaying Temporary Parole Period Not Bar For Grant Of Permanent Parole Under Rule 14(C) Of Prisoners Rules: Rajasthan High Court
Rajasthan High Court has recently held that overstaying the temporary parole period cannot be imposed as a bar on availing permanent parole under Rule 14(c) of Rajasthan Prisoners (Release On Parole) Rules, 1958.The Division Bench of Justices Inderjeet Singh and Ashutosh Kumar observed that overstaying the parole period cannot be equated with the restrictions contained in Rule 14(c) of the Rules of 1958. Rule 14(c) states that permanent parole will be denied to prisoners who have escaped from...