All High Courts
Bail Is Rule, Jail Exception: High Court Grants Bail To J&K Bank Manager In Alleged Multi-Crore Loan Fraud Case
The Jammu and Kashmir and Ladakh High Court has granted bail to Jatinder Kumar, a Manager of Jammu & Kashmir Bank, who was arrested in connection with an alleged large-scale loan fraud case investigated by the Crime Branch, Economic Offences Wing (EOW), Jammu.While allowing the bail application, Justice Mohammad Yousuf Wani strongly reiterated the settled constitutional principle that...
Non-Signatory Developer Can Be Impleaded In Arbitration If Conduct Shows Intent To Be Bound: Karnataka High Court
The Karnataka High Court has refused to interfere with an arbitral tribunal's decision impleading a non signatory company in arbitration proceedings holding that where conduct, agreements and commercial involvement of a party demonstrates clear intent to be bound by the arbitration agreement, the Group of Companies would apply. A Division Bench of Justice Jayant Banerji and Justice...
Courts Must Not Stifle Corruption Probes At Threshold: J&K&L High Court Refuses To Quash FIR Against Former ARTO
Reiterating that courts must not stifle corruption investigations at the threshold, the Jammu and Kashmir and Ladakh High Court has dismissed a plea seeking quashment of an FIR registered against a former Assistant Regional Transport Officer, holding that the record discloses “sufficient grounds to suspect commission of offences” and that no case for exercise of inherent jurisdiction is...
Bombay High Court Sets Aside Arbitral Award Against Investors, Says Participation In Regulatory Proceedings Is Not “Forum Shopping”
The Bombay High Court recently set aside an arbitral decision that had rejected investors' claims against Central Depository Services (India) Limited (CDSL), on the grounds of alleged forum shopping, by declaring that involvement in regulatory proceedings does not bar independent arbitration remedies. Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996,...
Section 5 Of Limitation Act Does Not Apply To Filing Of Election Petitions Under Municipalities Act, 1916: Allahabad High Court
The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to filing of election petitions under the Municipalities Act, 1916 as such election petitions are not suits.Justice Subhash Vidyarthi held“Although an election petition filed under Section 20 of the Municipalities Act is not a suit, it is an original proceeding which has to be decided in the manner...
Right To Speedy Trial Extends To Appeals: J&K&L High Court Closes 46-Yr Old Criminal Case On Grounds Of Delay
Reflecting the human consequences of prolonged criminal litigation, the Jammu and Kashmir and Ladakh High Court has brought to a close a criminal case arising out of an incident of 1979, holding that continuation of the substantive sentence would serve no meaningful purpose.Justice Sanjay Parihar, while deciding a criminal appeal pending since 2009, treated the sentence as already...
'Allegation That Investigation Is Lagging': Kerala High Court Orally Remarks While Considering Bail Pleas In Sabarimala Gold Theft Case
The Kerala High Court on Tuesday (December 30) orally observed that there is an allegation that the investigation in the Sabarimala gold theft case is dragging. Justice Jobin Sebastian was considering the bail pleas of former Travancore Devaswom Board president A. Padmakumar and that of jeweller Roddam Pandurangaiah Naga Govardhan.When the matter came up before the vacation bench, the Court...
Gujarat High Court Permits Director Rajkumar Santoshi To Travel Abroad For 'Lahore 1947' Film Promotion, Relaxes Bail Condition
The Gujarat High Court on Tuesday (December 30) relaxed the bail condition imposed on film director Rajkumar Santoshi booked in a cheque dishonour case, permitting him to travel abroad between December 30-January 4, 2026 for promotion of his upcoming directorial movie 'Lahore 1947'. For context, Santoshi was convicted by trial court for offence under Section 138 Negotiable Instruments Act and...
Kerala HC Grants Bail To Asst Director Booked For Allegedly Sexually Harassing Actress Inside Dulquer Salmaan's Production Company Office
The Kerala High Court on Tuesday (December 30) granted bail to assistant director Midhil Babu, who is accused of sexually harassing an aspiring young actress in the office of Wayfarer Films Pvt. Ltd., Dulquer Salmaan's production company.Justice Jobin Sebastian passed the order granting him bail today. It was orally observed:"Petition is allowed...You have to surrender the passport."His...
Participation In Strike Alone Cannot Justify Termination Without Enquiry: Patna High Court
The Patna High Court held that participation in a strike, by itself, cannot automatically justify termination of service, particularly in the absence of any finding of illegality of the strike or misconduct attributable to the employee. The Court further held that treating absence during a strike as misconduct or abandonment of service requires adherence to due process, including issuance of...
Domestic Award Pertaining To International Commercial Arbitration Enforceable By HC U/S 36 Of Arbitration Act: Allahabad High Court
The Allahabad High Court has held that a domestic award pertaining to an international commercial arbitration is enforceable by High Court, which has the jurisdiction, under Section 36 of Arbitration and Conciliation Act, 1996.The bench of Justice Rajan Roy and Justice Rajeev Bharti held that“.. it is the High Court which is the 'Court' for filing an application under Section 36 of...
Gauhati High Court Upholds Age Restriction Under Assisted Reproductive Technology Act, Says It Ensures Well-Being Of Mother & Child
The Gauhati High Court recently upheld the constitutional validity of Section 21(g) of Assisted Reproductive Technology (Regulation) Act 2021 which prescribes an age limit for men and women who can avail ART services, observing that provision was enacted to ensure well-being of the mother and child. For context, as per Section 21(g), ART services can be provided to women who are above the age...