Offence For Furnishing False Information U/S12(1)(b) Of Passports Act Is Attracted Even If Offender Is A Foreigner: Kerala High Court

The Kerala High Court held that the offence of furnishing false information for obtaining a passport under Section 12(1)(b) is attracted even if the person concerned is a foreign citizen. Justice V. G. Arun observed that when Section 3 of the Act which says that no person shall attempt to depart from India if he does not hold a valid passport or travel document includes under its ambit...

Self-Induced Frustration Amounts To Breach Of Contract, Promisor Obligated To Disclose Inability To Perform Entire Agreement: Telangana HC

Observing that self-induced frustration of a contract would also amount to its breach, the Telangana High Court underscored that the promisor is obligated to communicate to the promisee on closure of contract at the relevant time being privy to it, and a non-disclosure amounts to disablement of performance under Section 39 of Contract Act. A division bench of Justice Moushumi Bhattacharya...

Karnataka HC Allows Burial Of Migrant Labourer Allegedly Killed In Police Encounter After Being Accused Of Killing Minor Girl

The Karnataka High Court on Monday (April 28) permitted the State Government to bury the dead body of a migrant labourer from Bihar, Ritesh Kumar who was allegedly killed in a police encounter on April 13 at Hubballi.A division bench of Chief Justice N V Anjaria and Justice K V Aravind granted permission after the state government made a request saying the post mortem on the deceased body...

Arbitrator Cannot Be Substituted U/S 29A(6) Of A&C Act Unless Grounds Mentioned U/S 14 & 15 Are Satisfied: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that even though the term "substitution" is mentioned under Section 29-A(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), an arbitrator cannot be substituted in an application under this section unless the grounds specified in Sections 14 and 15 of the Arbitration Act are satisfied, which...

Religion Is One Consideration In Custody Matter But Welfare Of Child Paramount: Bombay High Court

The Bombay High Court on Monday dismissed the habeas corpus petition filed by the second husband of popular fashion entrepreneur and social media influencer Pernia Qureshi, who sought the custody of their three year old daughter.A division bench of Justices Sarang Kotwal and Shriram Modak reiterated that though religion is one of the considerations in child custody matters, yet the welfare of...

Karnataka HC Directs State To Operate Cyber Command Centres To Combat Cyber Crimes, Says It Would Usher New Beginnings To Tackle New Age Crime

The Karnataka High Court has asked the State Government to make operation cyber command centres, by appointing appropriate officers manning such centres in order to tackle the emergence and growth of cyber crime.A single judge, Justice M Nagaprasanna said “If a cyber command centre is established to combat cyber crimes and strengthen cyber security, it would usher a new beginning of...

Accepting Lower Post Under Compulsion Doesn't Bar Legitimate Claims Due To Procedural Lapses In Selection Process: J&K High Court

The Jammu and Kashmir High Court held the petitioner's acceptance of the Constable post as against claim made for Sub-inspector on compassionate grounds did not negate his original claim because it was made after a prolonged struggle and under duress.The petitioner whose father had died in counter-insurgency applied to be appointed as Sub-inspector under SRO 43 on compassionate grounds...

Bombay HC Dismisses Appeal Against Order U/S 9 Of Arbitration Act Injuncting Owner Of Kapani Resorts From Disposing Of Interest In Properties

The Bombay High Court bench of Chief Justice Alok Aradhe And Justice M. S. Karnik has upheld the order passed by the Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), injuncting the owner of the Kailash property and Kapani Resorts from alienating or disposing of any interest in the properties until the completion of the...

Influencers' Video Criticizing Product Based On Lab Results Prime Facie Not Defamatory Against Brand: Delhi High Court

The Delhi High Court has refused to grant a temporary injunction in favour of San Nutrition Private Limited in its plea against alleged defamation, disparagement and trademark infringement by four social media influencers who made videos featuring San Nutrition's 'Doctor's Choice' products.San Nutrition Private Limited (plaintiff) sought action against content creators Arpit Mangal, Kabir...

Hathras Gang Rape & Murder Case: Allahabad HC Flags Suspended SHO's Insensitivity, Denies Relief Over 'Dereliction' Of Duty

The Allahabad High Court last week dismissed a petition filed by suspended-Station House Officer (SHO) Dinesh Kumar Verma seeking to quash criminal proceedings including the summoning order in connection with the 2020 Hathras gang rape and murder case, wherein he has been booked over allegations of dereliction of official duty. A bench of Justice Raj Beer Singh criticised the...

Candidate Studying Under National Institute Of Open Schools Is Eligible To Get Admission To Integrated LLB Course: Kerala HC

The Kerala High Court held that a student who did obtained his 10th and 12th certificate under National India Open Schools (NIOS) is eligible to get admission to integrated 5 year LL.B course as per BCI rules.The NIOS had submitted before the Court that it was a National Level Board equivalent to CBSE and ICSE and its certificate was recognised by the Government of Kerala and all State...

Order U/S 75(6) Of GST Act Must Be Self-Contained, Mere References To SCNs Is Not Sufficient: Allahabad High Court

The Allahabad High Court has held that order under Section 75(6) of the Goods and Service Tax Act, 2017 must be self-contained and mere reference to previous show cause notices is not sufficient. Section 75 of the GST Act is a general provision relating to determination of tax. Section 75(6) of the GST Act provides that “the proper officer, in his order, shall set out the...