Supreme Court Seeks Response Of Union & States On Plea For Guidelines To Prevent Sexual Harassment Of Students In Schools

The Supreme Court on Thursday issued notice in a writ petition seeking protection of children from any kind of harassment including the sexual harassment being carried out at educational institutions. The bench of Justices Indira Banerjee and CT Ravikumar sought responses of the Union and the States. The petition which was filed by Nakkheeran Gopal, Editor, Publisher and Printer...

S.11 Arbitration Act | Interested Party Cannot Appoint An Arbitrator To Decide Disputes Between Parties: Calcutta HC

The Calcutta High Court on Tuesday while adjudicating upon an application under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) held that it a settled law that neither an interested party can be appointed as an arbitrator nor can the said interested party appoint an arbitrator to decide the disputes between the parties.Justice Shekhar B. Saraf observed, ".. a sole arbitrator...

"Deposit ₹25K In UP Gosewa Ayog": Allahabad High Court Imposes Bail Condition On Man Booked Under 'UP Cow Slaughter Act'

The Allahabad High Court recently granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955 on the condition that she shall deposit Rs. 25,000/- in 'UP Gosewa Ayog, Lucknow' within four weeks from the date of his release from jail.The bench of Justice Saurabh Lavania issued this order while granting bail to one Sonu Kasai, who was booked under Sections 3/5/8...

Delhi High Court Weekly Round Up: May 16 To May 22, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 450 TO 2022 LiveLaw (Del) 482Case Title: ASHISH v. CENTRAL BUREAU OF INVESTIGATION 2022 LiveLaw (Del) 450Case Title: DR VIMLA MENON AND ANOTHER v. GOPINATH MENON 2022 LiveLaw (Del) 451Case Title: RASHI MISRA v. B KALYANA RAMAN 2022 LiveLaw (Del) 452Case Title: National Highway Authority of India versus MEP Chennai Bypass Toll Road Pvt. Ltd. &...

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family(HUf) by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the...

Shiksha Karmis In Chhattisgarh Cannot Claim Parity In Pay-Scale With That of Municipal Teachers: Supreme Court

The Supreme Court held that Shiksha Karmis in Chhattisgarh cannot claim parity in pay-scale with that of Municipal teachers on the principle of equal pay for equal work.In this case the writ petitioners before the High Court of Chhattisgarh were appointed as Shikha Karmis under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998. Their writ...

'Ragging Is Antithetical To Equality': Calcutta HC Orders University Students To Pay Medical Expenses Of Injured Students, Engage In Community Service

The Calcutta High Court on Thursday directed students of a university who had been found to have engaged in ragging to pay for the medical treatment of the injured students and also participate in community service by teaching school students in a bid to deter the repetition of such acts. Justice Moushumi Bhattacharya came down heavily on the errant students by observing, "The petitioners...

Weekly Round-Up of Tax Cases: May 15 To May 21

Supreme Court GST Council Recommendations Not Binding On Centre & States; Both Parliament & State Legislatures Can Legislate On GST : Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw (SC) 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council are not binding on...

A Candidate Has No Legal Right To Insist That The Recruitment Process Set In Motion Be Carried To Its Logical End : Supreme Court

The Supreme Court observed that a candidate does not have a legal right to insist that the recruitment process set in motion be carried to its logical end.Even inclusion of a candidate in the select list may not clothe the candidate with such a right, the bench of Justices KM Joseph and Hrishikesh Roy observed. The bench clarified that this does not mean that the employer is free to act in...

While Settling Claims, Insurance Company Should Not Seek Documents Which Are Beyond The Control Of Insured To Furnish: Supreme Court

The Supreme Court observed that while settling the claims, the insurance company should not be too technical and ask for the documents, which the insured is not in a position to produce due to circumstances beyond his control. The bench of Justices MR Shah and BV Nagarathna noted that, in many cases, it is found that the insurance companies are refusing the claim on...

Registrar Of The Jharkhand Cooperative Society, Who Also Is The Ex-Officio Director Of The Respondent, Jharkhand High Court Says Appointment As Arbitrator Not Barred As Parties Had Agreed Earlier

The Jharkhand High Court has ruled that just because registration was granted to a party by a State Cooperative Society, presumption against the independence and impartiality of the Registrar of the said State Cooperative Society to act as an Arbitrator cannot arise. The Single Bench of Justice Sujit Narayan Prasad held that by merely raising apprehension regarding the independence...

Supreme Court Weekly Round Up: May 16- May 22,2022

Supreme Court Judgements Remission/Premature Release Policy Of The State Where The Crime Was Committed Has To Considered: Supreme Court Case Title: Radheshyam Bhagwandas Shah @ Lala Vakil vs State of Gujarat | WP(C) 135 OF 2022 Citation: 2022 LiveLaw (SC) 484 The Supreme Court observed that the remission or pre­mature release in terms of the policy which is applicable...