Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Brief Facts This Civil Revision Application under section 115 of the CPC has been filed against an order passed by the Additional Senior Civil Judge, Ahmedabad by which an application under section...

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry.Justice Ajoy Kumar Mukherjee noted that the accused man had been married to the deceased for nearly 15 years, and they had two children together. However, when the deceased committed suicide in 2021, he was accused...

Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC

A single bench of Punjab & Haryana High Court comprising of Justice Jagmohan Bansal held that the employee cannot approach Labour Court under the Section 33-C(2) of the I.D. Act, in absence of already determined liability of the employer to pay the retrenchment compensation. Background Facts The respondent joined petitioner-Corporation as Junior Engineer in the year...

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. Brief Facts The respondent was selected through tender process by the petitioner for constructing building for ladies...

Telangana High Court Upholds Cancellation Of Ex-BRS MLA's Citizenship, Imposes ₹30 Lakh Costs

Telangana High Court has dismissed a plea filed by MLA Dr Ramesh Chennamaneni with a cost of 30 lakhs, challenging an order passed by the Under Secretary to the Government of India, Ministry of Home Affairs, holding that the petitioner had ceased to be a citizen of India.Justice B. Vijaysen Reddy who was hearing the matter upheld the cancellation upholding that the petitioner on...

Power Of DRI Officers To Issue Show-Cause Notices Under Customs Act And A 'Flux' In The Legal Position: Delhi HC Discusses

The Delhi High Court recently discussed a 'flux' in the legal position with respect to power of officers of Directorate of Revenue Intelligence (DRI) to issue show-cause notices and recover duties under the Customs Act, 1962. A division bench of Justices Yashwant Varma and Ravinder Dudeja was dealing with a batch of petitions seeking to quash the SCNs and pending adjudication...

Jharkhand HC Stays Law Giving 75% Quota To Locals In Private Jobs, Says Employers Can't Be Prevented From Recruiting Based On Choice

In an interim order passed on Wednesday (December 11) the Jharkhand High Court stayed the operation of the state law mandating employment of 75% local candidates in private sector against the total notified vacancies. after observing that the law restricts the right of a private employer to recruit from the open market employees. The high court passed the order while hearing a writ...

'Has 27 Yrs Of Service Left': Allahabad High Court Reprieve To 2018 Civil Judge Candidate Denied Post Due To Calculation Error

The Allahabad High Court recently ordered the appointment of a woman as Civil Judge, after it found that she was denied the post in UPPSC (J) Examination 2018, due to calculation error in her marks.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh also took into account her young age (33 years) and directed that her appointment shall operate at the seniority position...

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad

The Kerala High Court on Thursday (December 12) suspended the sentence of M K Nasar (third accused) who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph.The matter arose in 2010 when a question in an exam set by Professor Joseph, the former Head of the Malayalam Department of Newman College, Thodupuzha, contained...

S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC

Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175(3), BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. It was opined that no judicial mind was applied for making an independent determination regarding prima facie existence of the case against...

Kerala High Court Issues Guidelines To Ensure Minors Are Not Mistakenly Tried As Adults

The Kerala High Court, while handling a case in which two juveniles were tried and punished as adults, issued a set of directives to investigating agencies and the district judiciary to prevent such occurrences in the future.The officer arresting the accused shall ensure his age by verifying any authentic documents like Matriculation or Equivalent Certificate, Date of Birth Certificate from...

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962 , the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. In its 177-page judgment, a division bench of Justices Yashwant Varma and Ravinder Dudeja observed, “Matters which have the potential of...