S.7 Migrant Immovable Property Act Requiring Surrender Of Property To Prefer Appeal Against Eviction In Tune With Peculiar Conditions Of J&K: High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the condition to surrender the property for preferring an appeal under Section 7 of the Migrant Immovable Property Act 1997 against eviction order, was necessitated by the peculiar situation prevailing in the Union Territory of Jammu and Kashmir.The bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "This...

Lakhimpur Kheri Case Trial Not Slow Paced : Supreme Court

The Supreme Court on Tuesday remarked that the trial in the Lakhimpur Kheri violence case, in which Union Minister Ajay Mishra's son Ashish Mishra is an accused, is "not slow paced".A bench comprising Justices Surya Kant and JK Maheshwari made this observation after taking note of the status reports sent by the First Additional District and Sessions Judge, Lakhimpur Khiri, U.P. The bench...

Conversion Of Public Places Of Worship Into Residences By Caretakers Is Contrary To Law: Delhi High Court Orders Waqf Board To Secure Mosque Property

The Delhi High Court has ruled that conversion of public places of worship into residences and their occupation by persons, who take care of the places, is contrary to law.The Court was dealing with a writ petition filed by the one Zahir Ahmed, who came into occupation of a property located next to the Masjid Zabta Ganj in Delhi, due to his father’s position as an Imam of the mosque....

Arbitrator Can Declare Terms Of Contract Null, Even If No Declaration Is Sought By The Party In Its Pleadings: Delhi High Court

The Delhi High Court, while dealing with a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), has rejected the contentions raised by the petitioner that the Award of the Majority Tribunal declaring the Clause providing for compound interest as null, was perverse since there were no pleadings made by the opposite party in its Statement of...

No Pre-Planning, First Time Offenders: Calcutta High Court Commutes Death Penalty In Triple Murder Case

The Calcutta High Court at Jalpaiguri recently commuted the death sentence awarded by the trial court to the convicts in a triple-murder case, to life imprisonment without remission for a period of 30 years,.A division bench of Justice Joymalya Bagchi and Justice Subhendu Samanta observed:“Presence of mitigating factors like lack of criminal antecedents play an important role to opt for a...

Delhi High Court Issues Notice On PIL Seeking Appointment Of Principals, VPs On Vacant Posts In Govt Schools

The Delhi High Court on Tuesday issued notice on a public interest litigation seeking appointment of Principals and Vice-Principals to the posts lying vacant in all government schools in the national capital. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response of the Delhi Government, Lt. Governor and State Council of Educational Research...

An Arbitration Award In Violation Of The Provisions Of The Indian Contracts Act Is Patently Illegal: Delhi High Court

The High Court of Delhi has held that an arbitration award that is passed in violation of the provisions of the Indian Contracts Act, 1872 would be liable to be set aside as suffering from patent illegality. The bench of Neena Bansal Krishna partially set aside an arbitration award that was passed in contravention of Sections 59-61 of the Indian Contracts Act, 1872. The Court...

Chief Justice Of Kenya Witnesses Supreme Court Constitution Bench Hearing In Shiv Sena Case

Chief Justice of Kenya Martha K. Koome was present in the first bench of the Supreme Court on Tuesday afternoon to witness the Constitution Bench hearing in the ShivSena Case.Chief Justice of India DY Chandrachud welcomed her and the delegation from Kenyan Supreme Court."We are very honoured to have in our midst Chief Justice Martha Koome, Chief Justice of Supreme Court of Kenya. Not the least...

Arbitrator’s Direction For Disclosure Of Not Relevant Information Is An Order Under S. 19 And Not 17 Of Arbitration Act: Bombay High Court

The Bombay High Court has ruled that no appeal is maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 (A&C Act) against the order of the Arbitral Tribunal directing the party to disclose the contents of sealed envelope submitted by it at the time of tendering of evidence, since the same did not relate to the subject matter of arbitration nor was it a...

Kerala High Court Issues Additional Directions For Efficient Implementation Of Reservation For Differently Abled In Aided School Appointments

The Kerala High Court on Monday modified the order of a single bench that directed the State to give effect to its 2018 decision regarding reservation for employment in favour of persons with disabilities in aided educational institutions and also to take immediate steps to address the backlog in the appointments in the arising vacancies. The Division Bench comprising Justice P.B. Suresh...

NCP Leader Hasan Mushrif Gets 2 Weeks Protection From Bombay High Court To Seek Anticipatory Bail In ED's Money Laundering Case

The Bombay High Court on Tuesday protected NCP leader Hasan Mushrif for two weeks to approach sessions court for anticipatory bail in a money laundering case related to a sugar mill being investigated by the Enforcement Directorate. A division bench of Justice Revati Mohite-Dere and Justice Sharmila Deshmukh kept all contentions on merits open and posted Mushrif’s plea seeking...

Restricting Right To Information Only To Citizens Contrary To Constitution, RTI Act; No Absolute Bar On Disclosure To Foreigners: Delhi High Court

Observing that restricting the right to information only to citizens would be contrary to the Constitution of India and Right to Information Act, the Delhi High Court has ruled that Section 3 of the RTI Act would have to be read as a "positive recognition of the right in favor of citizens but not as a prohibition against non-citizens."Under Section 3 of the RTI Act, "all citizens" have the...