Arbitration | Every Violation Of Statute Not Against Fundamental Public Policy Of India, Exception Has To Be Construed Narrowly: Bombay High Court

Very high threshold would have to be crossed such as egregious circumstances of corruption, fraud which would violate most basic notions of morality and justice.

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court

The Delhi High Court reiterated that it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action to overcome delay and laches. A Division Bench of Chief Justice of D.N. Patel and Justice Jyoti Singh dismissed an appeal filed with a delay of 46 years from the date the shop in question was demolished and over 11 years from...

Section 53A Transfer of Property Act - Unregistered Document Can't Be Relied To Protect Possession : Delhi High Court

The Delhi High Court held that to give benefits of Section 53A of the Transfer of Property Act; the document relied upon must be a registered document. Justice Sabronium Prasad noted that. "Any unregistered document cannot be looked into by the court and cannot be relied upon on or taken into evidence in view of Section 17(1A) read with Section 49 of the Registration Act."BackgroundIn...

Sabarmati River Pollution: Gujarat High Court Expresses Shock, Says State & Citizens Duty Bound To Preserve Environment & Balance Interests

"There is no fundamental right in a citizen to carry on business wherever he chooses and his right must be subject to any reasonable restriction imposed by the executive authority in the interest of public convenience," the Gujarat High Court has observed. This observation was made by a Bench of Justice JB Pardiwala and Justice Vaibhavi D Nanavati, in connection with a matter...

Madras High Court Pulls Up Union Ministry Of Social Justice & Empowerment Over Delay In Enlisting NGOs Working For LGBTQIA+ Community

In a plea that currently considers the extent of measures that can be adopted for the fair treatment of persons belonging to the LGBTQIA+ Community, Madras High Court has pulled up the Union Ministry of Social Justice and Empowerment for its lackadaisical attitude in enlisting the NGOs working for the said community.The single-judge bench of Justice N Anand Venkatesh observed that the...

Person Who Is To Be Interrogated Or Questioned Can't Decide The Interrogation Venue: Allahabad High Court

Stressing that the investigating agency and the investigating officer have unfettered power of investigation, the Allahabad High Court on Friday observed that it is not open for the person, who is to be interrogated or questioned to decide the venue of such interrogation.The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma further observed that the High Court has no power...

'Affidavits Not Mere Sheets Of Paper But Solemn Statements On Oath' : Supreme Court Upholds Cancellation Of NOIDA Plot Allotment

Holding that affidavits are not mere sheets of paper but solemn statements on oath and that fraud vitiates all proceedings, the Supreme Court has upheld the cancellation of an allotment of plot by NOIDA authority. The Court observed that cancellation of allotment of plot obtained after filing false affidavit is a legitimate ground of cancellation of lease.The bench of Justices Hemant Gupta and...

High Court Pulls Up Delhi Police Over Non Appearance Of IOs, Says Criminal Justice Machinery Can't Be Left At Mercy Of Such Officials

The Delhi High Court recently pulled up the city Police over non-appearance of it's investigating officers before the Court in criminal matters. Justice Chandra Dhari Singh termed the delinquency on the part of Police Department officers as most unfortunate, adding that the same must be strictly dealt with. "It is observed by this Court that even in other cases as well the concerned...

Plaintiff In Civil Suit Has To Prove His Case On His Own Strength, Can't Draw Strength From Documents Of Other Side: Gauhati High Court

The Gauhati High Court has made it clear that in a civil suit, the plaintiff has to prove his case on his own strength. He cannot draw strength from the documents of the other side.Justice Parthivjyoti Saikia thus refused to interfere with the findings of the courts below, in a case relating to property title. It observed,"The appellant (plaintiff before the court below) failed to prove the...

[Maharashtra Co-operative Societies Act] Borrower Cannot Challenge Material Irregularity In Auction Sale Of Immovable Property Before Recovery Officer After 30 Days : Supreme Court

On Wednesday, the Supreme Court held that once the borrower fails to apply to the Recovery Officer to set aside the sale on the ground of material irregularity within a period of thirty days from the date of sale of the immovable property as prescribed under Section 107(14) of the Maharashtra Co-operative Societies Act, 1960, the borrower cannot be subsequently permitted to challenge...

Sexual Harassment | Expression Of Victim's Trauma A Fundamental Right, Can Only Be Curtailed Under 4 Heads Like If Defamation, Contempt, Etc.: Delhi Court

A Delhi Court has observed that expression of a victim's trauma or experience is his or her fundamental right which can only be curtained if it is falls under four broad categories. Additional Civil Judge Preeti Parewa listed the four categories as under:- Libel, slander or defamation;- Contempt of court;- Offends against decency or morality, and- Undermines the security or tends to overthrow...

Breaking | "Sponsored Litigation To Affect Communal Harmony During Polls": Allahabad HC Dismisses Contempt Plea Over Loudspeakers In Temple-Mosque

The Allahabad High Court has dismissed a contempt plea filed regarding the usage of loudspeakers in the Temple as well as Mosque and observed that the same is a sponsored litigation so as to affect the communal harmony of the State keeping in mind the State Elections.Essentially, the Bench of Justice Rohit Ranjan Agarwal was hearing a contempt plea filed by one Islamuddin against Rabindra...