News Updates
Petition Under Section 11 Of The A&C Act Would Be Non-Maintainable After Filing Of An Application Under Section 13 Of The Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a party cannot file a petition under Section 11 of the A&C Act after it has already submitted to the jurisdiction of the arbitrator by way of filing a petition under Section 11 of the A&C Act. The Single Bench of Justice Sandeep Sharma held once the petitioner has failed to respond/object to the arbitration notice wherein the name...
AFI Agrees To Include High Jumper Tejaswin Shankar In CWG Contingent, Delhi HC To Consider Selection Process To Prevent 'National Embarrassment'
The Athletics Federation of India (AFI) on Wednesday told the Delhi High Court that it will include high jumper Tejaswin Shankar in the Indian contingent of players for the upcoming 2022 Birmingham Commonwealth Games.AFI's counsel Hrishikesh Baruah informed the court that one of the athletes was disqualified from the relay event and therefore, Shankar's name will be forwarded in his place in...
"Non-Rupture Of Minor's Hymen Wouldn't Rule Out Case Of Rape": Calcutta HC Upholds Conviction In 5 Yr Old Girl's Rape Case
The Calcutta High Court recently upheld the conviction of a man for raping a 5-year-old girl by observing that the non-rupture of the hymen of a minor child would not wholly rule out a case of rape. Taking into account the facts, circumstances of the case, and the evidence adduced, the Bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay observed thus:"A combined reading...
CPC | Counter Claim In A Suit Need Not Be Headed By Cause Title: Kerala High Court
The Kerala High Court recently held that there is no stipulation under the Code of Civil Procedure (CPC) or the Civil Rules of Practice of the State that counter-claims should be headed by a cause title. Justice C.S Dias held so after examining Order VII Rule 1 and Order VIII Rule 6A of CPC and Rules 11 and 15 of the Civil Rules."Undoubtedly, a counter claim is a subsequent pleading as...
NCLAT Holds Lease Rental As Operational Debt Under The Insolvency And Bankruptcy Code, 2016
A five judge bench of National Company Law Appellate Tribunal comprising of Justice Ashok bhushan, Justice Rakesh Kumar, Justice Rakesh Jain, Mr. Naresh Salecha and Mr. Barun Mitra held that the lease rental qualifies as an operational debt under the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC/Code) The five judge bench was constituted after a three judge bench of...
Scolding Employee To Maintain Office Discipline Does Not Amount To Abetment Of Suicide U/S 306 IPC: Gujarat High Court
The Gujarat High Court has observed that an employer scolding its employee to maintain discipline in the office would not amount to the former abetting the suicide of latter and it would not constitute an offence within the fold of Section 306 of IPC. Justice Nirzar Desai further held that if bona fide action of maintaining discipline in the office is registered as an offence under...
'State Should Not Consider Stale & Old Cases Which Do Not Have Live Link With Necessity Of Passing Order Of Externment': MP High Court
The Madhya Pradesh High Court, Gwalior Bench recently held that while deciding an application to extern an individual, the State authorities should not consider old cases registered against them which have no connection with the question as to whether the order of externment should be passed or not. Quashing the order of externment passed by the District Magistrate, which was...
High Court Directs Delhi Govt To Ensure Uninterrupted Supply Of Sanitary Napkins In Govt Schools
The Delhi High Court on Wednesday directed the Delhi Government to ensure that there is uninterrupted supply of sanitary napkins to the girl students in government-aided schools under its Kishori Yojana. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation preferred by NGO Social Jurist through Advocates...
Karnataka High Court Dismisses Plea Comparing IPL Auction With Human Trafficking
The Karnataka High Court on Wednesday dismissed a public interest litigation filed questioning the auction held every year for selecting players for the Indian Premier League (IPL) teams and claimed that it amounted to "human trafficking". A division bench of Acting Chief Justice Alok Aradhe and Justice JM Khazi orally observed, "Auction and the matches are over, the final match has...
Axiomatic Delay Disentitles Party To Discretionary Relief U/A 226: Delhi High Court Dismisses Plea Challenging Acquisition Proceedings After "62 Yrs"
The Delhi High Court has observed that the axiomatic delay in approaching the court disentitles a party to discretionary relief under Article 226 of the Constitution of India.While dismissing a plea filed after an inordinate delay of 62 years in a land acquisition matter, a division bench comprising of Justice Siddharth Mridul and Justice Gaurang Kanth further added that the Petitioners...
'No Writ Can Lie On The Principle That Candidates Have A Legitimate Expectation To Know Their Raw Marks Or Attempt Answer Keys': Gujarat High Court
The Gujarat High Court has recently held that no writ can lie on the principle that candidates have a legitimate expectation to get their raw marks known or attempt answer keys. It was further remarked, "merely because the apprehension of the petitioners is that they had got less marks than expected is no ground on which a challenge to the adoption of normalization procedure can...
Tender Inviting Authority Can't Bind Bidders When Market Is Substantially Altered Amid Delay In Opening Bids: Madras High Court
The Madras High Court has allowed a petition for quashing the tender process after the bidders approached the court citing Indonesia's ban on the export of RBD Palmolein and other palm products as a Force Majeure Event which made it impossible for them to complete the tender process.Justice GR Swaminathan noted that Indonesia is a major supplier of Palmolein and therefore the ban order...