'Can't Enact Laws': Delhi High Court Dismisses Plea Seeking 'One Person One Tree' Policy For Sustainable Development

The Delhi High Court has dismissed a public interest litigation seeking sustainable development in the national capital, by formulation of a 'One Person One Tree' policy.Noting that the subject matter of drafting policies lies exclusively within the domain of the legislature, the Division Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition. It...

Arbitral Award Can't Be Challenged On Ground That Arbitrator Has Failed To Appreciate Facts : Supreme Court

On Tuesday, the Supreme Court reiterated that the Appellate Court exercising power under Section 30 and 33 of the Arbitration Act, 1940 ought not to reassess or re appreciate evidence or examine the sufficiency of the evidence. The Apex Court also held that the arbitral award ought not to be challenged on the ground that the arbitrator had drawn his own conclusion or had failed to...

'Refusal To Consider' Different From 'Rejection For Reasons': Kerala HC Directs State Tax Officer To Reconsider Plea Seeking Copies Of Witness Statements

The Kerala High Court has held that there is a clear distinction between refusing to consider an application and rejecting one with reasons, while finding that an officer should specify reasons while denying copies of statements made to the parties in an investigation. Justice Bechu Kurian Thomas observed that since it is settled law that reasons should be reflected in the order, the...

BREAKING| Failure To Compensate COVID Deaths: Supreme Court Asks Chief Secretaries Of Bihar & AP To Appear At 2PM Today

Lashing out at the States of Andhra Pradesh and Bihar for not complying with the directions to pay ex-gratia compensation to the kin of persons who succumbed to COVID-19, the Supreme Court on Wednesday asked the Chief Secretaries of both the States to remain appear before it virtually at 2 PM today.A bench comprising Justice MR Shah and Justice Sanjiv Khanna observed that the Cheif...

'Unable To Appreciate Why Interrogation Cannot Be Done At Kolkata': Calcutta HC Raps ED Over Non-Issuance Of Summons In WB Coal Scam Probe

The Calcutta High Court on Tuesday expressed displeasure at the manner in which the Enforcement Directorate (ED) is investigating a money laundering case linked to the alleged coal scam in West Bengal. The Court was adjudicating upon the plea of Sumit Roy, who is the secretary to All India Trinamool Congress MP Abhishek Banerjee. Roy had challenged the jurisdiction of the Enforcement...

Lis Pendens - Transfer Of Property Not Void Just Because It Is Made During Pendency Of Suit; But Subject To Outcome Of Case : Supreme Court

The Court further pointed out that the pleas of bona fide purchase or lack of notice are not defences available to the purchaser against the doctrine of lis pendens.

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court

The Supreme Court reiterated that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. The bench comprising CJI NV Ramana, Justices Surya Kant, Hima Kohli was considering an appeal filed by Narcotics Control Beauro challenging the orders passed by the High Court of Karnataka released on bail the persons...

'Magnitude Of Offence Can't Be Only Criterion For Denial Of Bail': Delhi High Court Grants Relief To Accused In Hello Taxi Scam Case

While granting bail to two men accused of a multi-crore scam, the Delhi High Court recently observed that the magnitude of the offence cannot be the only criterion for denial of bail. Justice Subramonium Prasad observed, "The object of bail is to secure the presence of the accused at the time of trial; this object is, thus, neither punitive nor preventative, and a person who has not...

Fake Arbitration In 'Film Shooting Set' Court Room, Madras High Court Cancels Award Directing Execution Of Sale Deed In Respect Of Stranger's Property

Madras High Court has recently set aside an arbitral award directing execution of sale deed of a third party's property, alien to the proceedings before the tribunal, after huge fraud came into light with respect to the transaction between the parties and the arbitral proceedings before the tribunal. Before the Division Bench of Justice P.N Prakash and Justice S....

"Keeping Seats Vacant Serves Nobody's Cause": Rajasthan High Court Allows Ayurveda Aspirant's Plea For Admission In PG Course

The Rajasthan High Court has directed the Ayush Counseling Board to allot appropriate college to the petitioner, an Ayurveda aspirant, against the vacant seats, for pursuing his PG course in the academic Session 2020-21. Justice Dinesh Mehta, observed,"This Court is of the view that interest of justice would be better served if the petitioner is accorded admission in Ayurveda PG...

Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent

The Bombay High Court has directed a son who "deprived his mother from leading a normal life" to vacate the house "expeditiously", noting that the mother had suffered immensely since over five years. Justice Girish Kulkarni observed that it was "astonishing" how the 48-year-old son had invented a novel way of entering the septuagenarian mother's house. He signed a rent agreement with...

Does National Commission For Scheduled Castes Have Power To Order Reinstatement Of Employees? Delhi High Court To Examine

The Delhi High Court on Monday issued notice to the National Commission for Scheduled Caste in a plea seeking quashing of an order whereby the Commission directed the Institute of Cost Accounts of India to reinstate a contractual employee.The Commission had further ordered that employee be made permanent and pay the arrears remaining from the date of removal from services till date. The...