Wife Focusing On Her Own Career & Refusing To Relocate To Canada With Husband Is Not Cruelty: Madras High Court

The Madras High Court recently observed that a wife prioritizing her career and academics and refusing to go to husband's place of work would not be cruelty. The bench of Justice J Nisha Banu and Justice R Sakthivel observed as under, “The petitioner is not ready to sacrifice his career, and wants the respondent / his wife to come and live with him. Similarly, the respondent wants...

Bombay High Court Quashes NBW Issued Against Actor Arjun Rampal Over 2019 Tax Evasion Case

The Bombay High Court recently quashed and set aside a 'non-bailable warrant' issued by the Ballard Pier Magistrate Court in the city against Bollywood actor Arjun Rampal in a 2019 Income Tax evasion case. Vacation Court judge Justice Advait Sethna noted that the order passed by the Additional Chief Metropolitan Magistrate Court in Ballard Pier was 'cryptic' and passed 'without application...

Interest Ceases To Accrue On Decretal Amount Deposited In Court Registry When Award Holder Has Knowledge Of Deposit: Delhi High Court

The Delhi High Court bench of Justices Vibhu Bakhru and Tejas Karia has held that once the Judgment Debtor deposits the decretal amount with the court registry pursuant to a court order, and the Award Holder has notice of such deposit, interest on the deposited amount ceases to accrue. Consequently, interest can only be claimed on the remaining outstanding amount, not on the sum...

Pre-Deposit Of Awarded Amount Through Bye-Laws For Entertaining Plea U/S 34 Of Arbitration Act Is Impermissible: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that Bye-laws may serve as operational guidelines, but they cannot impose conditions that conflict with statutory rights. The Court held that when there is no requirement of depositing the awarded amount as a precondition for filing an application under Section 34 of the Arbitration Act to set aside an award, any attempt...

Essential Requirements To Complete Gift Deeds Under Transfer Of Property Act Would Also Apply To Settlement Deeds: Kerala High Court

The Kerala High Court has held that the requirements to complete a Gift deed provided under Transfer of Property Act would also apply to a settlement deed, even though there is a slight difference between the two. For context, Section 122 of the Transfer of Property Act pertains to Gifts and states, "Gift is the transfer of certain existing moveable or immoveable property made voluntarily...

J&K High Court Orders De-Sealing Of Psychiatry Clinic Citing Procedural Lapses By Authorities, Non-Service Of Notice

The Jammu & Kashmir High Court has ordered the de-sealing of a private psychiatry clinic in RS Pura, Jammu, which had been shut down by the authorities allegedly without prior notice or lawful procedure.The clinic was operating under the name Jai Hind Psychiatry Clinic at Bagga Marh, RS Pura. It was sealed by the Sub-Divisional Magistrate following a communication from the Chief...

Punjab Civil Service Rules | Specially Abled Daughter Can't Be Denied Family Pension Because She Got Married: High Court Imposes Cost

The Punjab & Haryana High Court has imposed a cost of Rs.25,000 on Union Territory of Chandigarh for mechanically rejecting a specially-abled daughter's claim for family pension.Justice Sanjeev Prakash Sharma and Justice H.S Grewal said, “We find that the approach adopted by the petitioners in denying family pension to a specially-abled daughter, who was unmarried at the time of...

BREAKING | Madras High Court Stays TN Amendment Taking Away Governor's Power To Appoint Vice Chancellors To State-Run Universities

The Madras High Court on Wednesday stayed the amendments brought in by the Tamil Nadu government, taking away the Governor's power to appoint Vice Chancellors to State-run Universities. The State amendments were made pursuant to the recent Supreme Court judgment defining the powers of the Governor. The vacation bench of Justice GR Swaminathan and Justice V Lakshminarayan passed the interim...

S.14 SARFAESI Act | Magistrate Can't Exercise Adjudicatory Powers In Proceedings To Take Possession Of Secured Asset: Kerala High Court

The Kerala High Court has reiterated that the Chief Judicial Magistrate (CJM) cannot exercise adjudicatory powers in the proceedings for securing assets under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) 2002. Section 14 of SARFAESI Act states that Chief Metropolitan Magistrate or District Magistrate is to...

Delhi High Court Closes PIL Seeking Special Benches To Adjudicate Quashing Pleas, Asks Lawyer To Give Suggestions On Administrative Side

The Delhi High Court on Wednesday closed a public interest litigation to constitute special designated benches to adjudicate quashing petitions on the basis of a settlement.A division bench comprising Chief Justice dk Upadhyaya and Justice Tushar Rao Gedela asked the lawyer Aditya Singh Deshwal to give the suggestions on the administrative side. “Let's discuss the basic principles of seeking...

Relief For Litigants As Allahabad High Court Suspends ₹500 Charge For Photo Identification, Permits Affidavits Sworn Before Any Public Notary

The Allahabad High Court has, as an interim measure, directed that the charge of Rs. 500/- towards photo identification by the Bar Associations is not to be realized from the litigants. Justice Pankaj Bhatia in his order said that it is high time that in the era where efforts are being made to "promote digital India, continuing with a regressive practice of the litigants traveling from far...

Turkish Company Çelebi Opposes Centre's Move Furnishing Reasons For Revocation Of Its Security Clearance To Delhi High Court In 'Sealed Cover'

Turkey based company Celebi Airport Services Private Limited on Wednesday told the Delhi High Court that it was neither given any notice nor an opportunity of being heard regarding the Bureau of Civil Aviation Security (BCAS) decision to revoke its security clearance in the "interest of national security".Senior Advocate Mukul Rohatgi told Justice Sachin Datta that the Central Government...