All High Courts
Centre Notifies Appointment Of Justice Arun Palli As Chief Justice Of J&K And Ladakh High Court
The Central Government on Saturday (April 12) notified the appointment of Justice Arun Palli as Chief Justice of High Court of Jammu and Kashmir and Ladakh. Union Law Minister Arjun Ram Meghwal took to 'X' regarding the appointment Justice Arun Palli. "In exercise of the power conferred by the Constitution of India, the Hon'ble President of India, after consultation with Hon'ble Chief Justice...
Withholding Tax Refunds Without Justification Violates Section 55 Of JVAT Act: Jharkhand High Court
The Jharkhand High Court has held that withholding tax refunds beyond the statutorily prescribed period without adequate justification, violates Section 55 of the Jharkhand Value Added Tax Act, 2005, and deprives the taxpayer of rightful dues. The Court ruled that the refund must carry interest from the date the excess demand was determined, and non-allocation of funds by the State...
Scheme Governing Auction Disputes Applies In All Auction Cases Unless Contrary Scheme Without Arbitration Clause Is Shown: Calcutta High Court
The Calcutta High Court bench Justice Shampa Sarkar has held that when a scheme generally applicable to all auction related disputes contains an arbitration clause, that clause will govern disputes arising between the parties, unless a contrary scheme without such a clause is shown. Brief Facts: Satya Narayan Shaw (petitioner) has filed this petition under section 11(6) of...
Delay Beyond Prescribed Period U/S 34(3) Of Arbitration Act Cannot Be Condoned In View Of Inapplicability Of S.5 Of Limitation Act: Himachal Pradesh HC
The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that Section 5 of the Limitation Act, 1963 (Limitation Act) does not apply to a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Therefore, if the petition is not filed within the prescribed period as laid down under Section 34(3) of the Arbitration Act,...
Successor To Merger Transaction Can Invoke Arbitration Clause When All Rights And Liabilities Are Transferred: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that once all liabilities, rights, and obligations are transferred to an entity through a merger approved by the competent forum, the arbitration clause contained in a loan agreement executed between the parties prior to the merger can be invoked by a third party that has acquired all such rights...
Kerala High Court Cautions Media Houses Against Publishing Unverified, One-Sided Stories To Boost TRP
The Kerala High Court has flagged the rising trend among media houses publishing 'mere allegations' leveled by a party against the other, without proper verification, only to increase their TRP (Television Rating Point).Stating that it is both their journalistic and moral responsibility to not publish one-sided story and to verify the news before telecast, Justice A. Badharudeen urged,"it...
Rajasthan HC Warns Private Institutes To 'Desist From Giving Irregular Admissions', Fines Three Dental Colleges ₹7.5 Lakh Per Student
Adopting the principle of equity Rajasthan High Court regularized the admission of certain medical students admitted "irregularly" by three medical colleges in 2018-19 and 2019-2020, subject to the students paying fine of Rs. 1 Lakh. At the same time Justice Dinesh Mehta imposed a cost of Rs. 7.50 Lakhs per student on Vyas Dental College, Eklavya Dental College and Maharaja Ganga Singh...
Pragmatic Approach Needed To Combat Rising Trend Of Real Estate Fraud, If Unchecked May Lead To Recession Like Situation: Punjab & Haryana HC
The Punjab & Haryana High Court said that a "robust and pragmatic approach" is warranted to combat the rising trend of deceitful manipulation involving real estates. It flagged that allowing such activities to continue unchecked would contribute towards creating serious repercussions contributing to recession-like circumstances.In a Serious Fraud Investigation Office (SFIO) report it...
Rule 320 Of AP Prison Rules Or Section 57 Of IPC Does Not Limit Quantum Of Life Sentence, Incarceration Is For Remainder Of Convict's Life: AP HC
The Andhra Pradesh High Court has held that a sentence of imprisonment for life shall mean that the prisoner shall be incarcerated for the remainder of his natural life and Section 57 of IPC and Rule 320(a) of A.P Prison Rules, 1979 (“the Rules”) do not reduce the sentence of life imprisonment of a convict nor create a right to be released before the end of the natural life of the...
“White Collar Criminals”: Madras High Court Convicts DRT Recovery Officer And Others In Corruption Case, Sends Them To 5 Yrs Imprisonment
Setting aside an order of the Special Court for CBI cases, the Madras High Court recently convicted a recovery officer of the Debt Recovery Tribunal, Madurai and others for making illegal gains by undervaluing a property during auction proceedings. The court thus sentenced him to 5 years imprisonment and a fine. Justice KK Ramakrishnan held that the recovery officer was guilty...
28 Years On, Rajasthan High Court Asks Authority To Consider Compassionate Appointment Of Man Who Lost Father At Age Of Two
The Rajasthan High Court has asked the State Electricity Transmission Corporation to consider the plea for compassionate appointment of a man, who lost his serving father back in the year 1997. The man was only 2 years old at the time.Ordinarily, compassionate appointment is an "immediate relief" to the family of a deceased government servant, mitigating the financial distress caused by the...
Corruption Rampant In Every Organ Of Govt, We Are Helpless In Curbing It: Madras High Court
The Madras High Court recently came to the rescue of a woman who was asked to get re-validated certificates for compassionate appointment. The bench of Justice R Subramaniam and Justice G Arul Murugan held that asking the woman to get fresh certificates would only pave way for the officers in-charge to get illegal gratification once more. Acknowledging that corruption was rampant in...