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Supreme Court Decides To Hear Plea Challenging Haryana Sikh Gurudwara(Management) Act On Merits; Rejects Haryana's Objections To Maintainability
The Supreme Court has rejected the preliminary objections raised by the State of Haryana to a writ petition challenging the constitutional validity of the Haryana Sikh Gurudwara (Management) Act 2014.A bench comprising Justice Hemant Gupta and Justice V Ramasubramaniam decided to hear on merits the petition filed in 2014 by a man named Harbhajan Singh, a member of Shiromani Gurudwara...
Service Before Regularization Where Workman Completed 240 Days Continuous Service U/S 25B Industrial Disputes Act Qualifies For Pension: Gujarat HC
The Gujarat High Court has held that past services of the daily-wagers where they have completed 240 days of continuous service as per Section 25B of the Industrial Disputes Act, would qualify for pension.Justice Biren Vaishnav, heavily relying on the case of Executive Engineer, Panchayat v. Samudabhai Jyotibhai Phedi, held,"for counting the period for purposes of pension, the date...
Advocate Who Voluntarily Suspended Legal Practice For Govt Employment No Longer A Member Of The Bar: Kerala High Court
The Kerala High Court recently ruled that a serving Government employee, who had earlier secured enrollment as an Advocate and had later suspended his legal practice for taking up the above Government employment, cannot be treated as a "member of the Bar" for the purpose of selection and appointment as Assistant Public Prosecutor Grade II.A Division Bench of Justice Alexander Thomas...
'As Is Where Is' In A License Agreement Does Not Absolve The Contracting Parties To Make A Minimal Disclosure: Delhi High Court
The Delhi High Court has upheld the award of an Arbitral Tribunal that stipulating the condition of 'as is where is basis' in a License Agreement does not absolve the contracting parties to make a disclosure about the licensed premises, which is otherwise not evident on visual inspection. The Single Bench of Justice Vibhu Bakhru ruled that the Indian Evidence Act, 1872 does not apply...
'Will Protect Homebuyers' Interest' : Supreme Court Asks Supertech IRP To Segregate Homebuyers' Claims From Other Creditors
On being told that the Supertech Ltd - whose twin towers in Noida were ordered to be demolished for violation of building rules- was undergoing insolvency, the Supreme Court on Monday directed the Interim Resolution Professional(IRP) to segregate the claims of unpaid homebuyers from other creditors.The erstwhile management of Supertech Limited on Monday told the Supreme Court that only...
Performance Security Cannot Be Retained After Acknowledgement Of Due Performance : Delhi High Court
The Delhi High Court has ruled that there is no principle in law whereby a party could be permitted to retain the Performance Security after it had acknowledged due performance of a contract.The Single Bench of Justice Vibhu Bakhru upheld the award of an Arbitral Tribunal directing BSNL to refund the amount recovered by it from invocation of Performance Bank Guarantee, since...
No Claim Certificate (NCC) Must Be Examined In The Context Of Relevant Documents And The Covering Letter Under Which It Is Issued: Delhi HC
The High Court of Delhi has observed that a No Claim Certificate (NCC) shall be examined along with the covering letter in which it is sent and that mere issuance of the NCC by the Claimant shall not ipso facto entail the extinguishment of all the claims. The Single Bench of Justice Vibhu Bakhru further held that while adjudicating an application under S. 34 of the Arbitration...
Ensure COVID Orphans Are Not Deprived Of Properties Due To Parents' Debts: Supreme Court Directs Authorities
On Monday, the Supreme Court, inter alia, directed the State Government/ Union Territories to complete the process of preparation of Social Investigation Reports in respect of the children who have been identified to have lost both or either parents post March, 2020 and produce them before the Child Welfare Committee. With respect to the financial liabilities of the...
WB Post Poll Violence: Calcutta HC Issues Notice To NHRC, SLSA To Consider Constitution Of 2 Member Committee To Address Complaints Of Alleged Victims
The Calcutta High Court on Monday issued notice to the National Human Rights Commission (NHRC) and the State Legal Services Authority (SLSA) in connection with a prayer for forming a committee to ensure that people displaced in post-poll violence in West Bengal get to return homes and pursue work.The Court vide order dated August 19, 2021 had handed over to the Central Bureau of...
Member Of Indian Legal Service Cannot Be Appointed As Judicial Member: Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act
The Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the government to frame provisions keeping in mind the directions of the Supreme Court in its judgments. The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy were considering a writ petition filed by Mr...