Gujarat High Court Expunges Remarks On Bar President's Conduct After He Expresses Regret Over Heated Exchange With Chief Justice

The Gujarat High Court on Monday (February 3) expunged its remarks on the conduct of High Court Advocates' Association President Brijesh Trivedi, after noting his regret over the heated exchange with Chief Justice Sunita Agarwal, during the hearing of a 2011 PIL last month. The court further took note of Trivedi's assurance that such an "occurrence will not be repeated in future". For...

Arbitral Award Can Be Set Aside As 'Patently Illegal' If View Taken By Arbitrator Is Not A Plausible One: Madras High Court

The Madras High Court bench of Justice P.B. Balaji has held that when the view taken by the Arbitrator is not even a plausible view, an award passed by such an arbitrator can be set aside under section 34 of the Arbitration act on the ground of patent illegality. Brief Facts: The petitioner awarded a contract to the respondent for the purpose of designing and constructing...

Kerala High Court Dismisses VHP's Challenge To Caste Certificate Of Hindu Woman Married To Christian Man

The Kerala High Court has dismissed a writ appeal preferred by Vishwa Hindu Pareeshath (VHP) against the grant of OBC Non-Creamy Layer certificate to a Hindu woman namely Kumari Bindhu, who married a Christian man. The certificate said that she belonged to Hindu-Nadar caste and belonged to Non-Creamy Layer.The Caste Hindu-Nadar was recorded by her while she applied for the post of Last...

Not Having Birth Certificate Due To Socio-Economic Backwardness No Ground To Deny Participation In Sport Events: Delhi High Court

The Delhi High Court has observed that not having a birth certificate evidencing age of an individual due to socio-economic backwardness is no ground to deny the opportunity to compete or participate in sport events. “This Court cannot be oblivious of the fact that on account of socio- economic backwardness, it may not have been feasible in some cases, to obtain the birth...

Govt Authority Must Furnish Security Before Getting Stay On Award U/S 36(3) Of A&C Act, No Special Treatment Can Be Given: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that special treatment cannot be given to the government while hearing a petition seeking stay on the enforcement of the award under section 36(3) of the Arbitration Act. Every petitioner including the government will have to furnish security or deposit the awarded amount before a stay on the enforcement of the award can...

Prisoner Cannot Be Denied Access To Minimal Facilities Required To Deal With His Physical Condition: Madras High Court

The Madras High Court recently observed that prisoners have a right to access minimal facilities that are required to deal with their physical condition and the government could not shirk its responsibility for providing better facilities to prisoners. The bench of Justice GR Swaminathan and Justice R Poornima noted that in some cases a prisoner's physical or medical condition...

NEET 2024 | Vacant NRI PG Seats In Private Colleges To Be Included In Last Round Of Counselling For General Quota: State To Madhya Pradesh HC

In a plea seeking inclusion of 48 vacant NRI seats of Private Medical Colleges and its conversion into General quota seats for meritorious candidates, the State government told the Madhya Pradesh High Court that if NRI seats are vacant, it will be filled from the General category based on merit in the last round of the counselling process of NEET-PG 2024.A division bench of Justice...

[Senior Citizens Act] Son-In-Law Must Vacate Father-In-Law's House In Case Need Arises For Peaceful Income For Senior Citizen U/S 23 Of The Act: MP HC

The Madhya Pradesh High Court in a recent ruling ordered eviction of a son-in-law residing on premises belonging to his retired father-in-law who needed the said property as a source of additional income to maintain his wife and children.Dismissing the appeal, the High Court upheld the decision of the writ court wherein it was opined that by implication if the house was given to the daughter,...

No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court

The Karnataka High Court has said that once a testator has admitted the execution of a Will in proceedings before the Court and pleadings are filed, there would be no requirement to further establish the authenticity of the Will in terms of Sections 67, 68 and 70 of Bharatiya Sakshya Adhiniyam.A single judge, Justice Suraj Govindaraj held thus while dismissing a petition filed by Sarojini...

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief.A single judge, Justice Mohammad Nawaz held thus while disposing of the petition filed by a school...

Plea In Gujarat HC Challenges Validity Of S.75(2) Of CGST Act, Says It Gives Show Cause Notice 'Another Life' Even If Fraud Is Not Proved U/S 74(1)

The Gujarat High Court recently issued notice on a plea challenging the validity of Section 75(2) CGST Act wherein if the concerned court or authority concludes that show cause notice issued under Section 74(1) to a person for tax evasion is unsustainable as the charges of fraud, wilful misstatement or suppression of facts aren't established, then the department shall determine the tax payable...

Necessity Of Rented Property For Bonafide Use Is To Be Adjudged From Landlord's Perspective, Not From Perspective Of Tenant: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court has held that it was not for the tenant to suggest or show that the landlord did not have any bonafide necessity of the rented premises. In doing so the court underscored that the necessity of a rented property for bonafide use has to be adjudged from the perspective of the landlord and not the tenant. The observation was made by Justice Vinit...