Courts Can't Interfere In Contractual Matters Unless A Clear-Cut Case Of Arbitrariness Is Made Out: Gujarat High Court

The Gujarat High Court has recently observed that normally, Courts would be loath to interfere in contractual matters unless a clear-cut case of arbitrariness or malafides or bias or irrationality is made out. A bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri observed that needless interference in commercial matters can cause havoc and hence, the Courts must realize...

[Mumbai Local] Season Ticket Proof Of Bonafide Passenger For Accident Compensation Under Railway Act Even If ID Card Not Produced: Bombay High Court

A person holding a season ticket is a bonafide "passenger," for the purpose of claiming compensation under the Railway Act 1989 even in the absence of an identity card, the Bombay High Court has held. The Court said that the Ministry's instructions to consider a passenger who failed to produce an ID card along with his season ticket a ticketless traveller, were not mandatory....

S.482 CrPC Empowers High Court To Entertain Applications Not Contemplated In CrPC If Required To Meet Ends Of Justice: Punjab & Haryana HC

The Punjab and Haryana High Court recently observed that Section 482 of CrPC confers extraordinary powers on High Court and empowers it to entertain applications not contemplated in the Code of Criminal Procedure, in case the ends of justice require."This section gives the power to this Court to entertain applications which are not contemplated in the Code of Criminal Procedure, in the...

PC George Files Another Plea Before Kerala High Court Challenging Magistrate's Order Cancelling His Bail In Hate Speech Case

Senior politician P.C George has moved the Kerala High Court challenging the order passed by the Thiruvananthapuram First Class Judicial cancelling his bail granted in the first hate speech case. The matter has been listed as item 1 before Justice Ziyad Rahman tomorrow. The case pertains to a speech delivered at a programme organised as part of the Ananthapuri Hindu Maha Sammelan, where...

'JAG Top Officer Generally Works At Headquarters' : Supreme Court Overrules Medical Objections To Promotion Of Brigadier Javed Iqbal As JAG Major General

The Supreme Court, on May 18, cleared Brigadier Javed Iqbal's promotion to the post of Major General, the highest post in the Judge Advocate General's Department, which was denied on medical grounds, at the instance of the Military Secretary.The Court overruled the medical objections raised by the Union Government - that the officer had hypertension and was unsuitable for working at...

Plaintiff Is Not Entitled To Return Of Court Fees When The Parties Are Referred To Arbitration Under Section 8 Of The A&C Act: Delhi High Court

The High Court of Delhi has held that the plaintiff is not entitled to return of Court Fess when the parties are referred to arbitration under Section 8 of the A&C Act. The Single Bench of Justice Amit Bansal held that the benefit of Section 16[1] of the Court Fees Act would only be available to the plaintiff when the parties are referred to arbitration for settlement in terms...

"Discriminatory Against Single Men & Married Women Having Child": Plea In Delhi HC Challenges Assisted Reproductive Technology Act & Surrogacy Act

A plea has been filed in the Delhi High Court challenging the vires of the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, stating that some of the provisions are discriminatory against a single man desirous of being a father through surrogacy and a married woman who already has a child and is desirous of expanding her family through the means...

NEET-SS: Kerala High Court Orders Fresh Mop Up Rounds For A Vacant Seat At Kottayam Medical College

The Kerala High Court on Wednesday issued an interim direction to the Director General of Health Services and Medical Counselling Committee (MCC) to conduct a fresh mop up counselling for the seat of DM Neurology lying vacant in the Kottayam Medical College. This seat had become vacant due to the resignation of a student who had already joined based upon the first round of counselling on...

Punjab And Haryana High Court Weekly Round-Up: April 1 to 10, 2022 [Missing Part]

Nominal Index Pt. B.D. Sharma University of Health and Sciences v Kavita and others Aman Lohan and others v. State of Haryana and others Ravi Parkash Sharma v State of Punjab Neelam Devi and another v State of Punjab and another Malkiat Singh v Kasturba Gandhi Memorial Trust & Another Jagdev Singh and another v State of Punjab and another Ramesh Razdan And...

Titles Of Films Are Capable Of Being Recognised Under Trademark Law: Delhi High Court

The Delhi High Court has recently rejected a contention that titles of films cannot be registered under Trademark Law and has held that the word 'SHOLAY' being the title of an iconic film cannot be held to be a mark devoid of protection.Justice Pratibha M Singh added that certain films cross the boundaries of just being ordinary words and the title of the film 'SHOLAY' is one of them. "Titles...

Donation From Guruvayoor Devaswom Funds To CMDRF Illegal : Kerala High Court Dismisses Review Petitions Filed By State

The Kerala High Court, on Thursday (26 May 2022), dismissed review petitions filed against its judgment which held that Guruvayoor Devaswom Managing Committee has no authority to contribute any amount from the Devaswom Funds to Chief Minister's Distress Relief Fund or to any other Governmental agency.The Full bench comprising Justices Anu Sivaraman, Shircy V. and M.R. Anitha pronounced...

Real Estate Appellate Authority Can't Initiate Suo Moto Proceedings: Delhi High Court

The Delhi High Court has held that the Real Estate Appellate Authority cannot possibly be recognized as conferred with the power to initiate proceedings suo moto or on its own motion. Analyzing the relevant provisions of the Real Estate (Regulation and Development) Act, 2016, Justice Yashwant Varma added that the Appellate Tribunal is a creation of statute and that it is not an authority...