Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. Also, there was not any exceptional circumstance(s) which precluded the appellant from filing the present appeal during the prescribed statutory period. The same is of vital importance as it...

PMLA Case | Allahabad HC Denies Bail To Man Accused Of Duping People By Impersonating Person Close To PM Modi

The Allahabad High Court on Tuesday denied bail to one Mohammad Kashif, booked under the Prevention of Money Laundering Act, on the allegations that he duped people financially by flaunting on social media morphed images with ministers, including Prime Minister Narendra Modi. Denying him the relief, a bench of Justice Samit Gopal noted that the alleged recovery of huge amount of...

Madras High Court Dismisses 2011 Plea To Restrain Retd Justice CS Karnan From Commenting On Judiciary In Media

The Madras High Court recently dismissed a petition filed in 2011 seeking to restrain retired high court judge Justice CS Karnanfrom making public statements, wither written or oral against constitutional authorities or any wing of the judiciary or advocates in public media. A division bench of Justice MS Ramesh and Justice AD Maria Clete observed that the prayer in the plea south...

Madras High Court Grants Bail To Man Accused Of Stabbing Doctor For Alleged Poor Treatment Of Mother

The Madras High Court on Tuesday granted bail to Vignesh, accused of stabbing a doctor at the Kalaignar Centenary Super Speciality Hospital in Guindy, Chennai in November this year. Considering the period of incarceration, the materials and the arguments, Justice AD Jagadish Chandira was inclined to grant conditional bail to Vignesh. The court thus ordered him to be...

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC

Punjab and Haryana High Court: A single judge bench consisting of Justice Jagmohan Bansal struck down the order of the Labour Court that ordered payment of overtime wages to a pump operator. The workman filed a claim under Section 33C(2) of the Industrial Disputes Act, 1947 (“ID Act”) stating that he had worked for 12 hours a day for almost a decade, but was paid only for 8 hours....

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement. Once it is accepted that a valid arbitration agreement exists between the parties, the court is necessarily required...

Gyanvapi Mosque Row | In View Of SC's Interim Order, Allahabad HC Adjourns Hearing On Pleas Seeking Further ASI Survey

The Allahabad High Court today adjourned two pleas seeking similar reliefs to direct the Archaeological Survey of India (ASI) to undertake further surveys at Gyanvapi Mosque premises in view of the Supreme Court's Dec 12 interim order restraining courts from passing any effective interim or final orders, including orders for a survey. A bench of Justice Rohit Ranjan Agarwal, hearing...

Authority Can't Decline Landowners' Plea For Layout Plan Approval Unless Acquisition Notification Is Published For Scheme Formation: Karnataka HC

The Karnataka High Court has said that an urban development authority would have the right to decline a plea for approval of layout plan of land, only if a notification is duly published as per law for acquisition of the lands for formation of a scheme or a layout. A division bench of Justice R Devdas and Justice G Basavaraja held thus while dismissing an appeal by the State...

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC

The Allahabad High Court has held that an order of eviction sought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be subject to the outcome of a suit pertaining to larger issues between the family members, if such suit is filed prior to the application made for eviction under the Act of 2007. The division bench comprising Justice Saumitra Dayal Singh...

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act.In the present case, the petitioner was accused of subjecting a 17-year-old girl to sexual intercourse by giving promise...

Karnataka HC Sets Aside Order To Register Defamation Case Against Asst Commissioner For Shouting At Senior Lawyer, Calls It Quasi-Judicial Function

The Karnataka High Court has set aside an order of the Magistrate court directing the registration of a defamation case against the Assistant Commissioner of Kundapura who while discharging quasi-judicial function, allegedly acted erratically and became furious and shouted at a senior lawyer and a member of Kundapura Bar Association, appearing before him. Justice V Srishananda allowed...

Gujarat HC Directs Staff Selection Commission To Keep 1 Seat Vacant For Man Denied Constable Post Due To Tattoo Removal Scar On Saluting Arm

While hearing a man's plea who was disqualified from the Constable's post despite clearing the exam on account of scars left on his saluting arm after tattoo removal, the Gujarat High Court permitted as interim relief one seat to be kept vacant pending the final disposal of the petition. The petitioner claimed that that he had a Tattoo on his right arm prior to the recruitment process started....