Exclusive Jurisdiction Clause Is Enforceable Only If Chosen Court Is Competent U/S 20 CPC At Time Of Contract: J&K&L High Court

Reiterating a fundamental principle of civil jurisdiction, the High Court of Jammu and Kashmir and Ladakh at Jammu has held that parties cannot, by design or default, confer jurisdiction on a court that inherently lacks it. An exclusive jurisdiction clause is enforceable only if the chosen court was competent under Section 20 CPC at the time of the contract, it added.The Division Bench...

Himachal Pradesh High Court Weekly Round-Up: October 20, 2025 To October 26, 2025

Citations: 2025 LiveLaw (HP) 196 to 2025 LiveLaw (HP) 201 Nominal Index: Kashmir Chand Shadyal v/s State of H.P. and others., 2025 LiveLaw (HP) 196 Kamli and others v/s Boby Chauhan & others., 2025 LiveLaw (HP) 197 Padam Sharma & Ors. v/s State of Himachal Pradesh & Ors.,2025 LiveLaw (HP) 198 Pushpa Devi v/s State of Himachal Pradesh.,2025 LiveLaw...

Threat Of Land Encroachment, Proposed Use For Public Purpose Not Enough To Invoke Urgency Clause U/S 17 Of Land Acquisition Act: Allahabad HC

The Allahabad High Court has held reiterated that mere threat of encroachment and stating that the land is to be used for planned development for public purpose will not justify the invocation of urgency clause under Section 17 of the Land Acquisition Act, 1894 and dispensation of the statutory requirement of calling for, hearing and deciding objections of the landowners.While dealing with...

Executing Court Cannot Rely On Evidence From Separate Proceedings Between Parties Under Different CPC Provision: HP High Court

The Himachal Pradesh High Court has held that an executing court can't rely on evidence led in a separate proceeding under a different provision of the Civil Procedure Code between the parties.The Court remarked that such conduct shows a “complete non-application of judicial mind.”Justice Ajay Mohan Goel remarked that: “there was a complete non-application of judicial mind by the...

Karnataka High Court Queries State On Outstanding Beggary Cess, Says Children Begging On Streets Tells 'Something Is Not Right'

The Karnataka High Court on Monday (October 27) directed the State Government to inform the steps it has taken to recover the outstanding Beggary cess amount, collected by local bodies.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha in its order recorded that the affidavit filed by the the Director of Directorate of Municipal Administration indicates that during last...

Court Can't Deny To Pass Decree Based On Mediation Report After Referring Dispute To Mediation: Orissa High Court

The Orissa High Court has held that after referring a dispute to mediation, the referring Court cannot deny to accept the mediation report nor it can defy its duty to pass a decree basing upon the solution/compromise arrived at in the mediation.Setting aside the order of a Civil Court denying a decree based on mediation report, the Bench of Justice Sashikanta Mishra observed –“As...

Bombay High Court Quashes Murder Conviction Of Woman For Killing Rapist Who Harassed Her To Withdraw Her Complaint

The Bombay High Court recently commuted a woman's conviction to culpable homicide not amounting to murder after she allegedly killed a man who kept harassing her to withdraw her rape compliant against him.A division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande, sitting at the Nagpur seat, quashed and set aside a December 21, 2005 judgment of an Additional Sessions Court in...

Police Can't Be Disbelieved Merely Because Narcotic Search, Seizure Isn't Videographed: Delhi High Court

The Delhi High Court on Monday ruled that the version of the police cannot be disbelieved merely because the search and seizure of narcotics under the NDPS Act is not videographed or photographed.Justice Ravinder Dudeja said that while use of technology enhances the efficacy and transparency of the police investigation, but it cannot be ignored that the tools for videography or photography...

DHCBA President Flags 'Frequent' Transfer Of Judges From Delhi High Court, Calls For Safeguarding Judicial Independence

Delhi High Court Bar Association (DHCBA) President, Senior Advocate N Hariharan on Monday flagged concerns over "frequent" judicial transfers in the recent times, while calling for a need to uphold judicial independence.Hariharan was speaking at the full court ceremony organized to bid farewell to Justice Arun Monga and Justice Tara Vitasta Ganju following their transfer to the Rajasthan...

Justice Arun Monga, Justice Tara Vitasta Ganju Bid Farewell To Delhi High Court

Justice Arun Monga and Justice Tara Vitasta Ganju on Monday bid farewell to the Delhi High Court, following their transfer to Rajasthan and Karnataka High Courts respectively.Justice Ganju had sworn in as Delhi High Court judge on May 18, 2022. Her name was recommended by the Supreme Court collegium in the year 2020, followed by reiteration.On the other hand, Justice Monga had sworn in as...

Punjab & Haryana Bar Council Seeks Explanation From HC Bar Association Secy Over Appreciation Letter To CJ For Designating Seniors

The Punjab and Haryana Bar Council has sought an explanation from the Secretary of the High Court Bar Association for issuing an appreciation letter to the Chief Justice of the Punjab and Haryana High Court Sheel Nagu, over the recent designation of senior advocates. The Council alleged that the letter was issued in Secretary's personal capacity, without convening meeting of the...

Rule 9 Of Security Interest (Enforcement) Rules Does Not Apply When Secured Creditor Suppressed Material Facts: Telangana High Court

The Telangana High Court has directed the Union Bank of India to return INR 2,16,25,000 paid by K. Indra Mohan as 25% of the sale consideration, holding that the Bank had not adequately disclosed to the purchaser the pending litigation over the subject property.The Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar, referring to Rule 9 of The Security...