Ineligibility Of Arbitrator Cannot Be Challenged First Time Under Section 34 Of Arbitration Act: Madras High Court

The Madras High Court bench of of Chief justice Mr. K.R.Shriram and Justice Senthil Kumar Ramamoorthy has held that the ineligibility of the Arbitrator cannot be challenged for the first time under section 34 of the Arbitration Act when there were enough opportunities to challenge the same in the earlier proceedings. Brief Facts This appeal has been filed under section 37 of...

Allowing People To Stay All Night At Pubs Will Hamper Indian Society: Punjab & Haryana High Court On Sale Of Liquor After Midnight

The Punjab and Haryana High Court has questioned Haryana government's excise policy to permit the sale of liquor beyond midnight in Gurugram and Faridabad, observing that policy makers should consider Indian culture and literacy rate to understand repercussion of excessive drinking is "yet a far reaching goal."Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth said, "While the...

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court

"It is the duty of all Courts of justice, to take care for the general good of the community, that hard cases do not make bad law,” quoted the Punjab & Haryana High Court while refusing to allow plea for condonation of delay filed asserting lack of proper legal advice.Justice Sumeet Goel said, "A mere bald assertion of not having been furnished with proper legal advice cannot constitute...

Putting Up Boards Of Temples, Churches Or Mosques On Busy Roads Is Not Religious Practice: Kerala High Court

The Kerala High Court on Wednesday (4th December) observed that putting up boards in busy thoroughfares cannot be said to be a religious practice. The observation was made by Justice Devan Ramachandran while hearing a 2018 plea concerning unauthorized boards/ banners and public places.The Court criticized the administration for being unable to follow the Court's direction and remove all...

Conducting Illegal Business Of Railway Ticket Booking Is Cognizable But Bailable Offence: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the offence of carrying illegal business of ticket booking under the Railways Act (Section 143) is bailable and cognizable, even when the Act does not explicitly declare the offense as "Bailable”.The Court thus granted anticipatory bail to the accused and explained,“Although the Railways Act, 1989 does not explicitly declare the offense...

'We Are Not The Police': Gujarat High Court In PIL On Violation Of Ammonium Nitrate Rules, Asks Litigant To Approach Authorities First

Permitting withdrawal of a PIL highlighting the alleged non-compliance of Ammonium Nitrate Rules 2012 by certain entities in handling the chemical, the Gujarat High Court on Wednesday (December 4) asked the petitioner to first approach the concerned authorities empowered to look into the issue, and approach the court only if there is any inaction. “Have you made any effort to approach...

Certificate Issued By Private University Based On Off-Campus Course Run By Its Franchisee Not Legally Valid: Madhya Pradesh High Court

The Madhya Pradesh High Court while dismissing a petition relating to recruitment for post of accountant held that any certificate issued by a private university on the basis of an off-campus course run by its franchisee cannot be said to be legally valid.A single-judge bench of Justice Gurpal Singh Ahluwalia observed, “…since the Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh...

[Veterinary Student Death] Kerala HC Quashes Orders Expelling, Debarring Students Accused Of Ragging, Directs University To Do Fresh Enquiry

The Kerala High Court on Thursday (December 5) quashed the order expelling the college students implicated as accused in the suicide of Sidharthan J S. The Court has also quashed the order debarring the students from taking admission to any other college for three years.Sidharthan was a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and...

"Municipality Cannot Infringe Civil Rights Of Persons For Purpose Of Levying Taxes": Calcutta High Court

The Calcutta High Court has orally remarked that municipalities cannot infringe on the civil rights of others in order to levy taxes for its purpose.Justice Tirthankar Ghosh was hearing a case where the petitioner claimed their home was being obstructed due to the construction of an advertisement hoarding by persons living in their building. Counsel for the state responded to the plea,...

Arbitration Clause Cannot Be Invoked Post Expiry Of Tenancy Agreement: Allahabad High Court

While entertaining a revision petition related to a tenancy agreement, the Allahabad High Court has held that a clause for arbitration cannot be invoked for any disputes that arise after the contract has come to an end.“… it clearly transpires that existence of a contract is necessary for invocation of arbitration clause prescribed under the agreement as the clause would perish with...

Unnao Rape Case: Delhi High Court Grants Interim Bail To Kuldeep Singh Sengar On Medical Grounds

The Delhi High Court on Thursday granted two weeks of interim bail on media grounds to expelled BJP MLA Kuldeep Singh Sengar, who was convicted and sentenced to life imprisonment in Unnao rape case. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said that Sengar's medical ailments cannot be ignored and directed him seek admission at AIIMS tomorrow.The...

Why No Action Taken To Remove TV Cables Drawn On Electric Posts Without Following Safety Regulations? Kerala High Court Asks KSEB

The Kerala High Court has directed the Kerala State Electricity Board to ensure that cable operators follow safety regulations while drawing cables through electric posts for providing cable TV and Broadband Services.Justice Gopinath P. enquired with the KSEB as to why no action has been taken for removing cables drawn on electric posts without following the safety regulations. Court...