Separate Notice For Counter Claims U/S 21 Of A&C Act Not Required When Arbitration Proceedings Are Pending Between Parties: Delhi HC

The Delhi High Court bench of Justice Subramonium Prasad has observed that where the disputes between the parties are already the subject matter of an earlier arbitral reference, a separate notice under Section 21, Arbitration and Conciliation Act, 1996 (“ACA”) would not be necessary for separate proceedings to adjudicate counter claims. Facts The present petition under...

Phone Tapping Case | Telangana High Court Reserves Verdict On Anticipatory Bail Plea Of Ex-Special Intelligence Bureau Chief

The Telangana High Court on Wednesday (April 30) reserved its verdict on an anticipatory bail plea moved by former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS.After hearing all the parties, Justice J Sreenivas Rao said, "Heard both sides. For orders and judgments". Senior...

Gujarat High Court Upholds Demolition Drive In Ahmedabad's Chandola Lake Area, Rejects Plea For Rehabilitation

The Gujarat High Court on Tuesday (April 29) upheld a demolition drive undertaken by state authorities in Ahmedabad's Chandola lake area on Monday (April 28), after observing that the water body is government land and the construction on it was illegal. The court was hearing a plea moved by 18 persons seeking to declare the demolition drive undertaken by the State on April 28 Chandola Lake...

Madras High Court Forms Committee To Crackdown On Illegal Homestays, Cottages In Nilgiris And Kodaikanal Hills

The Madras High Court has ordered the formation of a committee comprising of District Revenue Officer, Municipal Commissioner and the District Tourism Officer to carry out inspection in Nilgiris and Kodaikanal districts to crack down on illegal home stay and cottage operators. The forest bench of Justice N Sathish Kumar and Justice Bharatha Chakravarthy asked the committee to ensure...

Candidate's Eligibility Is To Be Assessed Till Final Selection Is Made, Not Just On Last Application Submission Date: Himachal Pradesh HC

The Himachal Pradesh High Court (“Court”) bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that when a candidate applies for any post, the eligibility is assessed till the final selection date and not just on the last date of submission of application.Background of the case: The Court had invited applications for the post of translator under Level II on 04.08.2022,...

'Arbitrary': Allahabad HC Overturns Termination Of Standing Counsel's Contract Prompted By DM's 'Annoyance' With Court Summons

The Allahabad High Court recently set aside the Uttar Pradesh Government's order to terminate a Standing Counsel's empanelment/contract, terming it as 'illegal' and 'arbitrary'. The termination followed the petitioner's inability to connect to the Hardoi District Magistrate, whose phone was switched off during court hours, due to which theDM was summoned by the Court in October...

Defamation: Delhi High Court Seeks BJP Leader Tajinder Bagga's Response On Plea By Subramanian Swamy

The Delhi High Court on Wednesday sought response of BJP leader Tajinder Pal Singh Bagga in a plea filed by Subramanian Swamy who was summoned in a criminal defamation case filed by the former.Bagga had filed the defamation complaint over a tweet made by Swamy, claiming it to be false and defamatory in nature.Justice Ravinder Dudeja sought reply of Bagga within four weeks, including on the...

Compensation Can Be Granted When Aggrieved Party Continues Service Due To Suppression Of Fact Of Contract's Termination: Telangana HC

The Telangana High Court bench of Justices Moushumi Bhattacharya and B.R.Madhusudhan Rao has held that loss of profit incurred by a party due to the other party's suppression of material facts regarding the termination of the contract, where the former continued to render services under a mistaken belief, can be reasonably compensated by applying the Hudson formula. Brief...

Once Goods Are Verified And Found To Be Correct In MOV-04, Department Can't Be Permitted To Change Stand Later: Allahabad High Court

The Allahabad High Court has held that when the authority on verification has mentioned the details of the goods found and verified the correctness of the invoices and the goods in transit, it cannot be permitted to change the stand later and say that the goods were not in accordance with the invoice. Justice Piyush Agrawal held “Once on the verification report i.e. MOV-04, the...

POCSO Offence Is Committed Against Society, Accepting Defence Of Subsequent Marriage With Victim Will Defeat Purpose Of Act: Madras HC

While reversing the acquittal of a man charged under the Protection of Children from Sexual Offences Act, the Madras High Court recently held that the defence of subsequent marriage between the victim and the accused does not take away the offence committed by the accused while the victim was a child. Justice P Velmurugan observed that the offence under the POCSO Act was an offence...

Gold Given To Bride Her Exclusive Property; Strict Documentary Proof Can't Be Insisted In Wife's Claim To Return Stridhan : Kerala High Court

The Kerala High Court recently held that in cases concerning the gold and cash given to a woman during her marriage, the courts have to apply the principle of preponderance of probabilities, as often documentary proof is not available for the transaction and misappropriation of the 'Stridhan'."Due to private and often informal nature of the transfers, it becomes merely impossible for women...

Karnataka High Court Quashes Case Against Ex-Chancellor Of Alliance University Over Alleged Misuse Of Domain Name

The Karnataka High Court has quashed a case registered under provisions of the Information Technology Act, against Dr Madhukar G Angur, Ex-Chancellor of Alliance University, accusing him of misusing the nomenclature, seals, intellectual property of the University and making false claims that he is the Chancellor of the University. A single judge, Justice M Nagaprasanna allowed the petition...