All High Courts
Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed,“The anticipatory bail, the extraordinary privilege,...
Party Entering Settlement Agreement, Agreeing To Consent Award Cannot Later Object To Its Enforcement On Grounds Of Lack Of Knowledge: Delhi HC
The Delhi High Court bench of Justice Anish Dayal has rejected an objection raised by the Award Debtor against the enforcement of an Award on the ground that it was contrary to public policy since it was not informed by the Award Holder about a previous settlement with the Judgment Debtor's subsidiary. The Court deprecated the stance taken by the Award Debtor, as in view of the facts of...
Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1
The Allahabad High Court has imposed a cost of Rs. 50,000 on the Union of India and various departments of Indian Railways for denying the benefit of notional increment to employees retiring on 30th June, despite the decision of the Supreme Court in Director (Administration and Human Resources) KPTCL and others v. C.P. Mundinamani and others and Union of India & Ors. Vs M....
S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court
The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever.While ingeminating the principles of law governing discharge of accused under Section 239 of the Code of Criminal Procedure...
Kerala High Court Weekly Round-Up: March 10- March 16, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 166-180]Ajeesh @ Ajeeshkumar v State of Kerala, 2025 LiveLaw (Ker) 166Aanjaly Sandeep Shetty v. Additional Commissioner, 2025 LiveLaw (Ker) 167V. Subramanian v Union of India and Others, 2025 LiveLaw (Ker) 168K R Harikrishnan v SI of Police, 2025 LiveLaw (Ker) 169The Principal Commissioner of Income Tax v. Last Hour Ministry, 2025 LiveLaw...
'Avoid Ambiguity, Specify Essential Qualification': Allahabad HC Directs AMU To Ensure Clarity In Future Advertisements For Lecturer Posts
The Allahabad High Court has recently directed the Registrar of the Aligarh Muslim University (AMU) to be cautious and precise in its future advertisements for the posts of Lecturer, ensuring that no ambiguity surrounds the eligibility criteria. “…such ambiguity should be removed i.e. words shall be chosen carefully and instead of ambiguous words...
Serious Allegations Of Fraud Constituting Criminal Offense Are Non-Arbitrable: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad held that the allegations of fraud which are extremely serious and potentially constitute a criminal offense are non-arbitrable. The court noted that the plea of fraud is of such a nature that it impacts the entire contract, including the arbitration agreement. Consequently, the court held that such a dispute is not arbitrable...
Delhi High Court Weekly Round-Up: March 10 To March 16, 2025
Citations 2025 LiveLaw (Del) 299 to 2025 LiveLaw (Del) 320NOMINAL INDEXRattan India Power Ltd. v. BHEL 2025 LiveLaw (Del) 299 Eureka Forbes Limited vs.Om Sai Enterprises & Ors 2025 LiveLaw (Del) 300 Puma SE vs. Mahesh Kumar 2025 LiveLaw (Del) 301 JSD Traders LLP v. Additional Commissioner, GST 2025 LiveLaw (Del) 302 Ramada International, Inc. vs. Clubramada Hotels And Resorts...
Withdrawal Of MSMED Council Application Does Not Preclude Arbitration U/S 11, Even Without Council's Response: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad held that withdrawal of an application before the MSMED Council does not bar a party from seeking the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, even in the absence of any corresponding response from the MSMED Council. Brief Facts: Respondent No. 2 and 3 approached...
Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice
The Jharkhand High Court directed the state tax authorities to follow due procedure while passing adjudication orders. The Division Bench of Chief Justice Ramachandra Rao and Justice Deepak Roshan stated that “despite directions issued by the Court, it appears that State Tax authorities are continuing to conduct adjudication proceedings in utter disregard to the mandatory provisions...
Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by the...