'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High Court

The Kerala High Court has held that a Magistrate Court can take cognizance in case of custodial torture by police office, without prior sanction of the State Government under Section 197(1) of CrPC. Justice K. Babu reasoned that a Police Officer torturing a man in a police station cannot be treated as part of official duty, thus not requiring sanction to prosecute.“How can we say that the...

Delhi High Court Designates 70 Lawyers As Senior Advocates

he Delhi High Court has designated names of 70 lawyers as Senior Advocates.This was after Delhi High Court's Permanent Committee recommended names of 71 lawyers for being designated as Senior Advocates after interviewing more than 300 lawyers.“Pursuant to the Resolution passed by Hon'ble the Full Court in its meeting held on 29.11.2024, Hon'ble the Chief Justice has been pleased to...

CID Crime Which Probes Serious Offences Has Been Lodging FIRs In Cases Of Civil Nature 'For Reasons Best Known' To Its DGP: Gujarat HC

The Gujarat High Court on Wednesday (November 27) said that it had come across many matters where for reasons best known to its Direct General of Police, the CID Crime–a specialized unit focussed on preventing/investigating serious offences–has been in "recent times" registering FIRs related to civil disputes, particularly those involving financial transactions or property matters.In doing...

Award Suffers From Patent Illegality When Adjudication Is Done Without Giving Any Reasons: Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Justice Satyen Vaidya, while a Section 34 petition, has held that when an award has been found to be rendered without giving any reasoning regarding the adjudication of the disputes, the said award suffers from patent illegality apparent on the face of the award, and liable to be set aside. Facts: The petitioner was awarded a contract to...

Benefit Should Be Given To Candidate And Not Employer, If Advertisement Stipulates Vague Qualification Criteria: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that if an advertisement gives vague and ambiguous meaning with a possibility of varying interpretations about the qualification criteria of a post, the benefit should always be given to the candidate and not the employer.The single-judge bench of Justice Sanjay Dwivedi observed, “Any advertisement creating ambiguity in regard to the qualification...

Can Draw Analogy From Motor Vehicles Act To Calculate Compensation To Victims Of Vadodara Boat Capsize Incident: Gujarat High Court

While hearing a plea concerning the January 18 Harni Lake boat capsize incident in Vadodara, the Gujarat High Court on Friday (November 29) said that the compensation to the victims and their kin can be computed by drawing analogy from the principles enshrined under the Motor Vehicles Act. During the hearing a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi noted...

GST | Separate Notification Needed For Cross-Empowerment Of State Officials? Kerala High Court Refers To Division Bench

The Kerala High Court prima facie disagreed with the view expressed by the Madras High Court

Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC

The Delhi High Court has held that where enhancement of valuation of goods by the proper officer for the purpose of determining Customs duty is accepted by the importer under protest, for expeditious clearance, it cannot be said that the importer has waived its right to question the reassessment. Pertinent to note that Section 17 of the Customs Act, 1962 relates to 'Assessment of...

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

While deciding a case relating to Input Tax Credit, the Allahabad High Court has held that a quasi-judicial body must provide an opportunity of hearing to a person before imposing liability on them. The Division Bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that as per the doctrine of audi alteram partem (let the other side be heard as well), such...

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision (AFT) to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the court said that the benefits of the...

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Factual Overview: The dispute arose regarding a Redevelopment Agreement (RDA) and a Supplementary Agreement (SA) dated 20 July 2022. The agreement was entered between...

Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that the Arbitral Tribunal has awarded the claim for loss of profit for the period the Contract was prolonged without any evidence or material to support the claim. Therefore, the impugned award is vitiated by patent illegality. Brief Facts: The present dispute arose with respect to an agreement...