'Bound To Cause Hindrance': Karnataka High Court Rejects Trade Unions' Plea For Holding Procession On International Labour Day

The Karnataka High Court on Thursday refused permission to a batch of trade unions seeking to hold a peaceful procession in the capital on International Labour Day, i.e. on May 1. A vacation bench of Justice R Devdas and Justice K S Hemalekha said, "This court is of considered opinion that there is a clear direction passed in order dated 3-3-2022 that the state government...

Exclusive Jurisdiction Clause Overrides The Seat Clause In An Arbitration Agreement: Delhi High Court

The High Court of Delhi has given primacy to an exclusive jurisdiction clause over the seat clause in an arbitration agreement. The Court held that when a clause confers exclusive jurisdiction on a court other than the seat court, then only the court on which exclusive jurisdiction is conferred shall decide all the applications arising out of the arbitration...

Shemaroo Films' Copyright Infringement Suit: Bombay High Court Grants Interim Injunction Against News Nation, Suspects Defence Of 'Fair Use'

The Bombay High Court on Wednesday regarded that the defence of de minimis and fair use has to be seen through the prism of the fact that the parties involved, Shemaroo Entertainment Limited and News Nation Network, had entered into an agreement for a non-exclusive license.The suit was filed by Shemaroo, which is primarily involved in film production, after premature termination of...

Arbitration Involving Third Parties And Leading To Other Proceedings - Not Arbitrable : Karnataka High Court

The Karnataka High Court has ruled that reference of a dispute to arbitration cannot be allowed if it would lead to splitting up of the cause of action and cause determination on matters which were not contemplated for arbitration. The Single Bench of Justice B. M. Shyam Prasad held that there cannot be a complete adjudication of the claimant's rights unless the third parties were...

Income Tax Act - Loss Suffered Due To Exchange Fluctuation While Repaying Loan Can Be Regarded As Revenue Expenditure : Supreme Court

Allowing the appeal filed by Wipro Finance Ltd., the Supreme Court observed that the loss suffered owing to exchange fluctuation can be regarded as revenue expenditure and thus an allowable deduction.The bench comprising Justices allowed the appeal against High Court judgment which had reversed the above view taken by Income Tax Appellate Tribunal. Wipro entered into a...

Article 226 | Rule Of Alternative Remedy Is A Rule Of Discretion, Not Rule Of Jurisdiction: Kerala High Court

The Kerala High Court has held that merely because it may not exercise its discretion under Article 226 of the Constitution in view of availability of alternative remedy, is not a ground to hold that it has no jurisdiction.A Division Bench of Justice Suresh Kumar and Justice C.S. Sudha said that the case appears to be a classic example of the 'fence eating the crop'."The rule of...

DGFT Extends Date For Mandatory Electronic Filing Of Non-Preferential CoO Through Common Digital Platform To 1 August 2022

The Director General of Foreign Trade (DGFT) has extended the date for mandatory electronic filing of non-preferential Certificates of Origin (CoO) through a common digital platform to August 1, 2022."The transition period for mandatory filing of applications for Non- Preferential Certificate of Origin through the e-CoO Platform has been further extended till 01st August 2022," the...

Allahabad High Court Seeks UP Govt's Reply On Plea Challenging Certain Questions Asked In UP-TET 2021

The Allahabad High Court has sought the response of the Uttar Pradesh Government on a Writ Plea challenging certain questions asked in the Uttar Pradesh Teacher Eligibility Test (UPTET) 2021. Essentially, 6 petitioners who appeared in UP-TET-2021 have moved the Court by submitting that certain questions that were asked in UP-TET and were successfully challenged before the Lucknow Bench of...

MP High Court Quashes Lower Court Order Allowing Application Of Alleged Rape Victim U/S 311 CrPC To Recall Herself

The Madhya Pradesh High Court recently set aside the order of the trial court allowing the application moved by the Prosecutrix in a rape case to recall herself as a witness. The Court held that the impugned order of the lower court was passed by accepting the averments of the Prosecutrix as 'gospel truth', without carrying out any enquiry regarding the same. Justice Atul Sreedharan...

No Adverse Inference U/S 114 Indian Evidence Act If Prosecution Fails To Prove Presence Of Accused At Murder Scene: Karnataka High Court

The Karnataka High Court has said that if the prosecution fails to prove the presence of the accused at the place of occurence of offence, it is not appropriate to draw adverse inference as per Section 114 of the Indian Evidence Act and Court cannot invoke Section 106 of the Act to ask the accused to disclose reasons for the offence. A division bench of Justice B Veerappa and Justice...

Son Not Expected To Brand His Father As 'Swindler': Bombay High Court Upholds Eviction From Self-Acquired House Of Elderly Parents

The Bombay High Court recently evicted a son from the self acquired house of his parents and held that a son cannot claim that his parents have lost mental balance. Justice Rohit Deo observed that, "In the conservative Indian society, a son is not expected to brand his aged father a 'swindler' or then allege that the aged parents have lost mental balance. The allegations that the...

While Framing Charges Court Is Required To Presume That Material Produced By Prosecution Is True: Allahabad High Court

The Allahabad High Court has observed that at the time of framing of charge, the Court is required to proceed on the presumption that the material produced by the prosecution is true. At that stage, the Court is not expected to go deep into the matter and hold that the material produced does not warrant a conviction, noted the Bench of Justice Shekhar Kumar Yadav.The case in brief The High...