Interest Cannot Be Awarded By Arbitrator When Awarding Of Interest Is Prohibited In Contract: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justices Sanjeev Sachdeva and Vinay Saraf has held that the tribunal has no discretion to award payment of interest when there is clear prohibition in the contract that the interest cannot be given. Brief Facts This petition has been filed to challenge the award to the limited extent that interest on the refund of security deposit and earnest...

Alternative Remedy Precludes Writ Petition In Gratuity Dispute: Allahabad HC

Allahabad High Court: A single judge bench consisting of Justice Abdul Moin dismissed a writ petition filed under Article 226. The writ petitioner disputed an order that denied him gratuity for his years of work as a daily wager. The Court noted that the Controlling Authority under the Payment of Gratuity Act, 1972 ('the Act') is statutorily designated to resolve such gratuity...

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court

The Kerala High Court has observed that for the Rent Control Court to assess the genuineness of the claim of permanent tenancy or denial of title, the pleading must be clear, specific, unequivocal and explicit.“The Pleading regarding the denial of title or the claim for permanent tenancy must be clear, specific, and unequivocal, without which the Rent Control Court cannot assess whether...

Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justices Vivek Rusia and Binod Kumar Dwivedi has held that executing court cannot go behind the award or decree to modify or declare it void. Brief Facts This appeal has been filed against an order passed by the Executing Court by which while dismissing the petition, the court also set aside the award. It is the contention of the appellant...

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal

The Gauhati High Court on Monday (December 9), directed its Registry to take necessary steps for listing all pending twenty criminal petitions and criminal revision petitions involving MPs or MLAs before a Special Bench within 10 days, after obtaining necessary approval of the Chief Justice on the administrative side.A division bench of Justice Suman Shyam and Justice Arun Dev Choudhury...

Lawrence Bishnoi Interview Row | ED's Assistance Can Be Taken In Probe Against Police Officers If Proceeds Of Crime Are Involved: P&H HC

The Punjab & Haryana High Court today orally said that the Union Government can take assistance from the Enforcement Directorate (ED) in case economic offences are alleged to have been committed by the police officials involved in the Lawrence Bishnoi TV interview in police custody case.Justice Anupinder Singh Grewal and Justice Lapita Banerji while perusing the sealed cover report...

Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

The Bombay High Court on Monday granted bail to 14 Muslim men accused of rioting and injuring a Hindu family as it celebrated the consecration of the Ayodhya Lord Ram Temple in Mira Road, on January 21, this year.Single-judge Justice Nijamoodin Jamadar noted that the accused were in custody since January and the fact that given the huge number of witnesses and accused, the trial is unlikely to...

Munambam Waqf Dispute: "Will Temporarily Protect Land Owners From Dispossession": Kerala HC Says In Plea Challenging Provisions Of Waqf Act

The Kerala High Court on Tuesday (10th December) orally remarked that it could give interim protection from dispossession to the residents of disputed Waqf land at Kochi's Munambam. The development comes in a petition filed by persons claiming that their predecessors had bought the disputed land in Munambam from Farook College. The property was enlisted in the Waqf registry in 2019, saying...

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the alleged offence committed by the...

CPI(M) Area Conference: Kerala HC Seeks Personal Appearance Of Circle Inspector Over Violation Of Judgment Prohibiting Public Meet On Roads

The Kerala High Court has sought personal appearance of concerned Circle Inspector of Police on Thursday (12 December), to explain the facts and circumstances in the contempt petition against CPI(M) State Secretary M V Govindan for allegedly blocking public roads for holding Palayam area conference.The party conference was held on December 05, which allegedly blocked the road in front of...

So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two Teachers

The Karnataka High Court has refused to quash case registered against founder trustee of a Madarasa who did not report to the police about the alleged incident of unnatural sexual assault committed by two Madarasa teachers on a minor boy. The court observed that the offences alleged against the accused was "so horrendous" that the petitioner should have reported it immediately when it came to...

In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped

The Gauhati High Court on Monday (December 9) permitted a minor girl who was allegedly gang raped, to terminate her 26-week pregnancy, after noting that it would be in the girl's best interest. A division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund passed the order while hearing a Suo Moto writ petition registered on the basis of a news article published in the Times...