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Hijab Ban- 'Will List'- Chief Justice DY Chandrachud On Plea To Hear The Case Before Examination Starts
Chief Justice of India DY Chandrachud on Friday said that he will list the Karnataka hijab case after the Holi vacations. The lawyer appearing on behalf of Shariat committee sought an early listing as the exams are commencing from March 9.The Supreme Court is closing for Holi vacations today and will reopen on March 13.The lawyer submitted that the exams are happening from March 9 and...
Madras High Court Directs Annamalai University To Refund ₹10.5 Lakh To Student Who Discontinued MBBS, Says University Tried To Profit Itself
The Madras High court recently directed Annamalai University to refund an amount of ₹10.5 lakh to a former student who had discontinued MBBS studies at the university and joined another college.Observing that the vacant seat was subsequently filled and that the university did not suffer any loss, Justice K Kumaresh Babu of the Madurai bench noted that the institution could only retain the...
Prepare SOP For SDMs On How To Give Effect To Orders On Recovery And Eviction: High Court Directs Delhi Govt
The Delhi High Court has directed the Delhi Government to prepare a standard operating procedure (SOP) for all SDMs on the manner in which judicial orders of eviction and recovery are to be given effect to.Justice Prathiba M Singh said that it has been “repeatedly noticed” that various orders for enforcement of possession and recovery which are to be given effect to by the concerned SDM...
Matrimonial Dispute, No Illegal Detention: Calcutta High Court Dismisses Father's Habeas Corpus Petition For Custody
The Calcutta High Court on Wednesday dismissed a Habeas Corpus writ petition filed by a father, for the production his children who are residing with their mother, on the ground that the ordinary remedy is available under the Guardians and Wards Act in child custody matters.The division bench of Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee observed:“Indisputably there...
Denial Of Admission Under EWS/DG Category Despite Allotment By DoE Violative Of Child’s Fundamental Right Under Article 21A: Delhi High Court
The Delhi High Court has said that denial of admission by a school under EWS/DG category despite allotment by Directorate of Education (DoE) “frustrates the noble objective” of Right to Education Act, 2009 and violates fundamental rights of such children under Article 21A of Constitution of India.Justice Mini Pushkarna made the observation while allowing the plea of a minor child...
Court Has Almost “Nil” Scope Of Interference Against Order Disposing Of S. 34 Petition Under Arbitration Act: Delhi High Court
The Delhi High Court has ruled that, as a necessary corollary of the provisions of Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 (A&C Act), what cannot be considered by the adjudicating Court under a Section 34 petition can certainly not be adjudicated upon by the appellate Court under Section 37. The Court added that it has almost “Nil” scope...
Bombay High Court Quashes Sexual Assault Case Under POCSO After Child’s Mother Consents
The Bombay High Court has quashed an FIR registered against a 19-year-old male student under IPC and POCSO for the abduction and sexual assault of a minor teenager with the complainant’s - mother’s consent.Justices Nitin Sambre and SG Dige observed that the couple was on “friendly terms” and lived together without informing the girl’s parents. And this miscommunication was the...
Corruption Main Reason For Not Achieving Equal Distribution Of Wealth; Botched Investigations Of Scams A Bigger Scam: Supreme Court
In a significant judgement, the Supreme Court of India recently lamented, that corruption was one of the main reasons as to why the ‘preambular promise’ of the Constitution to achieve equal distribution of wealth remains a distant dream.“Though it is the preambular promise of the Constitution to secure social justice to the people of India by striving to achieve equal distribution...
Reference To Wrong Agreement in Arbitration Notice, Not Invalid If Agreement Otherwise Exists: Delhi High Court
The Delhi High Court has reiterated that mere reference to a wrong provision or term of the agreement cannot invalidate the notice invoking arbitration, if otherwise such power or provision exists in the document executed between the parties. The bench of Justice Navin Chawla was dealing with a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C...
Punjab and Haryana High Court Orders Gurgaon DLSA To Pay Compensation To Minor Rape Victim Under 2013 Scheme
The Punjab and Haryana High Court has directed the District Legal Service Authority (DLSA) in Gurgaon to disburse compensation under the Haryana Victims Compensation Scheme, 2013 (now repealed) to a rape victim, whose case had not been forwarded to the DLSA by the trial court for grant of compensation. While allowing the writ petition filed by the father of the victim - who was minor on the...
State Cannot Evade Responsibility To Pay A Contractor In The Guise Of Limitation Period: Kerala High Court
The Kerala High on Wednesday held that the state cannot avoid its obligation to compensate a contractor for dues owed to him by invoking the ground of limitation.A single bench of Justice Shaji P Chaly observed that “Above all, in a welfare State, the State has the duty and obligation to protect the interests of its citizens, rather than finding ways and means to defeat their interests...