Allahabad High Court Upholds Denial Of EWS Reservation To 69,000 Assistant Teachers As Recruited Candidates Were Not Made Party To Suit

The Allahabad High Court has upheld the order of a Single Judge, denying the benefit of reservation under the Economically Weaker Section category for recruitment to the post of Assistant Teachers held in 2020.The Single Judge had refused to extend the benefit to the candidates of the recruitment held in 2020 as the process was initiated before the enactment of the Uttar Pradesh Public...

Interim Measures U/S 9 Of Arbitration Can't Be Sought By MSME During Conciliation Proceedings: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that interim measures under Section 9 of the Arbitration Act can be sought by the MSME only after mandatory conciliation before the MSME Council fails and the dispute proceeds to arbitration—either conducted by the Council or referred to an arbitral institution. Only then do the provisions of the Arbitration...

HPPCL Engineer's 'Mysterious' Death | Himachal Pradesh HC Transfers Case To CBI As DGP Raises Concerns Over SIT Probe

Finding it to be an 'exceptional' situation, the Himachal Pradesh High Court on Friday transferred the probe into the 'mysterious' death of Himachal Pradesh Power Corporation Limited (HPPCL) chief engineer Vimal Negi to the Central Bureau of Investigation (CBI). A bench of Justice Ajay Mohan Goel passed this order while allowing a petition filed by Negi's wife seeking the transfer of...

Revocation Of Security Clearance 'Harsh', Losing Business At All Indian Airports: Turkey Based Çelebi Argues In Delhi High Court; Order Reserved

The Delhi High Court on Friday (May 23) reserved its verdict on a plea filed by Turkish based company Celebi Airport Services Private Limited challenging the decision of Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".Justice Sachin Datta reserved the verdict after hearing Senior Advocate Mukul Rohatgi appearing for Celebi and...

Allahabad High Court Tells Finance Ministry To 'Consider Training' DRT Officer Who Passed Similar Orders Without Application Of Mind

Noting similar orders being passed in cases by the Debt Recovery Tribunal, Lucknow without any application of mind, the Allahabad High Court observed that the Ministry of Finance must consider imparting training to the officers so that DRT can function smoothly.Petitioners approached the High Court against the order of the DRT rejecting their application for interim relief. Though an appeal...

'Disturbing Circumstances': P&H High Court Chief Justice Withdraws Case Listed Before Judge For Orders Upon Receiving Complaint

After receiving a complaint, the Punjab and Haryana High Court Chief Justice Sheel Nagu has withdrawn a plea for quashing an FIR in a corruption matter from a single judge, on the same day it was listed for pronouncement. The CJ explained the decision to be in the "interest of the institution" and to "protect the reputation" of the judge.In doing so he underscored that the power of the...

Once Fresh DV & CrPC Proceedings Are Initiated, Lok Adalat Award Becomes Non-Executable For Same Claims: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has held that a party who enters into a compromise and obtains a Lok Adalat award based on that compromise cannot subsequently seek both to enforce that award and to initiate fresh litigation on the same subject matter.“Once fresh proceedings under the Domestic Violence Act and Section 125 CrPC are initiated and interim maintenance is...

Kerala High Court Directs State Electricity Board To Publish Whole Works Contracts On Their Website

The Kerala High Court has directed the Kerala State Electricity Board Limited (KSEBL) to install necessary infrastructural, resources and procedural arrangements to publish whole works contract on its website.The Court emphasized that the KSEBL being an instrumentality of the state should be "transparent" in inviting tenders. The Court had enquired about the possibility of advertising the...

[Arbitration] S.10 Of General Clauses Act Applies Only If S.34 Application Was Filed Within Time, Court Was Closed On Last Day Of Limitation: Delhi HC

The Delhi High Court bench of Justices Hari Shankar and Ajay Digpaul has held that the benefit of Section 10 of the General Clauses Act is available only when the petition is filed within the normal limitation period that is 90 days as prescribed under section 34(3) of the Arbitration Act and the court was closed on the last day of that period. It does not apply when the court was closed...

Statutory Port's Dues Deserve Priority In Distribution Over Other Claims, Including Those Of Secured Creditors: Bombay High Court

The Bombay High Court stated that the statutory port dues take precedence over all other claims, including those of secured creditors, by virtue of the paramount lien created under Section 64 of the Major Port Trusts Act, 1963 and such are to be treated as secured claims being entitled to be paid in priority, even before the secured creditors.The bench consists of Justice Abhay Ahuja allowed...

Denying Education To Girls Citing Health Concerns Like Anaemia Arising Due To Menstruation Is Unacceptable: Rajasthan High Court

The Rajasthan High Court granted relief to the petitioner who was denied admission in B.Sc (Nursing) under Armed Forces Medical Services despite being eligible, after being assessed as “unfit” when her hemoglobin was found to be low owing to heavy menstrual blood flow at the relevant time.Justice Anoop Kumar Dhand held that, “A girl's health condition like the petitioner, should not...

Motor Vehicles Act | LMV Licence Holder Entitled To Drive Auto Rickshaw; Kerala High Court Retrospectively Applies SC Ruling

The Kerala High Court recently held that a person holding an LMV licence would not be disentitled to drive an auto rickshaw, in the light of the Supreme Court's ruling in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi.The judgment was pronounced by Justice Johnson John while considering a Motor Accidents Claims Appeal (MACA) preferred by the owner of the vehicle (auto rickshaw)....