Grant Of Post-Award Interest U/S 31(7)(B) Of A&C Act Is Mandatory, Arbitrator's Discretion Limited To Rate Of Interest: Delhi HC

The Delhi High Court bench of Justice Ravinder Dudeja has held that the grant of post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (“the Act”) is mandatory. The only discretion which the Arbitral Tribunal has is to decide the rate of interest to be awarded. Where the Arbitrator does not fix any rate of interest, then statutory rate, as...

Karnataka High Court Dismisses Plea Challenging Election Of Chief Minister Siddaramaiah From Varuna Constituency

The Karnataka High Court on Tuesday dismissed the election petition filed against Chief Minister Siddaramaiah's victory from Varuna constituency in the 2023 assembly elections..A single judge, Justice S Sunil Dut Yadav dismissed the petition filed by K M Shankara, a voter from the constituency who alleged that the Congress leader indulged in electoral malpractices.A detailed order is yet to...

S.21 POCSO Act Intends To Prevent Suppression Of Crimes, Not Penalize Those Who Report With Certain Delay Due To Vulnerability: Delhi HC

The Delhi High Court has recently observed that Section 21 of the POCSO Act is intended to prevent suppression of sexual offences and ensure timely action in the best interest of the child and is not meant to penalise those who, despite personal vulnerabilities, report the crime ultimately.“If judges begin to treat delay and silence – born out of trauma or social oppression –...

Assessment Order Passed Beyond Limitation Period: Andhra Pradesh High Court Sets Aside ₹50 Lakh Tax Penalty

The Andhra Pradesh High Court has allowed a plea of Shirdi Saibaba Constructions which was ordered to pay Rs.50,14,541/- as tax penalty, on the grounds that the assessment order was passed beyond the period of limitation.In this regard, a Division Bench of the High Court comprising Justice R. Raghunandan Rao and Justice K. Manmadha Rao, held,“…a best judgment order, of assessment, in the...

Violates Fundamental Rights: Kerala HC Says 'High Time' For Setting Up Legal Framework To Compensate Victims Of Wrongful Prosecution

The Kerala High Court has remarked that it is high time for a legal framework to be set up to compensate victims of wrongful prosecution, noting that as of now, a wrongly convicted person only has a remedy under private law by instituting a suit against the State before civil court for damages. Justice Kauser Edappagath in his order remarked that wrongful convictions violate the...

'Cabinet Panel Examining Issue': J&K Govt Tells High Court In Plea Against Increase Of Reservation Quota To 67%

The J&K government has filed an additional affidavit in the J&K High Court informing the court that it has formed a cabinet subcommittee to look into the controversial changes in the reservation rules in consultation with all stakeholders.This affidavit came to be filed after serious criticism from civil society and student groups over its initial affidavit in which the government...

Telangana HC Quashes FIR Against BRS Leader KT Rama Rao For Permitting Drone Over Lakshmi Barrage Project, Sharing Video On Social Media

The Telangana High Court on Monday (April 21) quashed an FIR lodged against BRS leader Kalvakuntla Taraka Rama Rao, alleging that on his behest last year two co-accused along with social media persons, forcibly entered Medigadda Barrage–stated to be an important project–flew drones over the area without permission, threatening the same.For context, the Medigadda Barrage also known as...

Allahabad HC Castigates Bank Of Baroda Over 'Illegal' Return Of Auctioned Property To Defaulting Borrower, Orders Heavy Compensation

The Allahabad High Court recently reprimanded the Bank of Baroda for what it termed an "arbitrary, whimsical, and capricious" action in returning an auctioned property to the defaulting borrower (the original borrower), despite having completed the auction process and accepted the earnest money from the successful bidder (the auction purchaser). Observing that the bank's conduct...

Land Acquisition Proceedings Lapse If Award Is Not Passed Within 2 Years Of Declaration Being Made: J&K High Court

The Jammu and Kashmir High Court held that if no award is passed within two years after the declaration is made, the entire land acquisition proceedings shall stand lapsed unless stayed by the court.The petitioner had challenged the proceedings on the ground that his land was acquired for public purpose but no final award was passed vitiating the entire acquisition proceedings.A bench of...

After Delhi HC Slams 'Sharbat-Jihad' Remarks, Baba Ramdev Agrees To Take Down Video Against Rooh Afza

Yoga guru Baba Ramdev on Tuesday informed Delhi High Court that all the advertisements, whether print or videos, against Hamdard National Foundation India's Rooh Afza product will be taken down.Senior Advocate Rajiv Nayar representing Ramdev and Patanjali Foods Limited made the submission before Justice Amit Bansal. The Court was hearing Hamdard's suit against Patanjali and Ramdev over...

Non-Appointment Of AAG After Consultation With High Court Not Contempt: Rajasthan HC Closes Suo Motu Criminal Proceedings Against State

Closing a suo motu criminal plea registered by a single judge on the non-issuance of order by State appointing Branmanand Sandu Advocate Cum Additional Advocate General despite the high court's consent, the Rajasthan High Court observed that it did not amount to contempt nor could it be considered a criminal matter.A division bench of Chief Justice Manindra Mohan Shrivastava and Justice...

Kerala High Court Issues Guidelines For Appointment Of Public Prosecutors, Calls For Primacy To Be Given To District Judge's Opinion

The Kerala High Court has directed the State to give primacy to the opinion of the District Judge while appointing Public Prosecutors and formulate guidelines to that effect. The Court further directed the State to fill any vacancy of Prosecutors remaining unfilled in various courts without much delay.Section 24 of Cr.P.C and now corresponding Section 18 of BNSS contemplates that the...