Even God Gave Benefit Of 'Audi Alteram Partem' To Adam & Eve, Principles Of Natural Justice Sine Qua Non In Civilised Society: Gujarat High Court

Emphasizing on the importance of principles of natural justice in a "civilized society", the Gujarat High Court recently observed,"the benefit of audi alteram partem principle was even extended to Adam and Eve, even by God before they were punished for disobeying His command. This signifies that even if the authority already knows everything and the person has nothing more to tell,...

Can't Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act : Bombay High Court

The Bombay High Court has observed that a daughter-in-law cannot be directed to pay maintenance to her ailing mother-in-law, especially in the absence of any proof of the woman's income. "We have reservations about such direction to SS (daughter-in-law) to pay maintenance amount to the mother-in-law…Be that as it may, upon perusal of the original record, we do not find a...

Bombay High Court Seeks Hospital's Response To Couple's Plea For Completion Of Surrogacy Procedure

The Bombay High Court on Wednesday directed a private hospital in Mumbai to respond to a couple's plea seeking to complete their surrogacy procedure initiated before the new Assisted Reproductive Technology and Surrogacy Act came into effect. The couple sought transfer of their cryopreserved embryos from PG Hinduja Hospital and Research Centre to any other fertility clinic...

Supreme Court Agrees To Consider SFIO's Plea Challenging Stay Of Look Out Circulars Issued By Centre Against Sahara Group Firms

The Supreme Court on Tuesday agreed to consider the SLP preferred by the Serious Fraud Investigation Office (SFIO) against the Delhi High Court's order dated December 13, 2021, staying the operation of the investigation orders issued by the Central Government against Sahara Housing Investment Corporation Limited, Sahara India Real Estate Corporation Limited and Amby Valley...

SSC Recruitment Scam: Calcutta HC Orders Central Forces Deployment, Preservation Of CCTV Cameras At SSC's Office After Its Chief Steps Down

In an unprecedented move, Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday night directed the Central Bureau of Investigation (CBI) which is probing the alleged irregularities in the recruitment of teachers in West Bengal government schools, to seek assistance of central forces in securing the State's School Service Commission office. The Court also directed that no one...

Kerala High Court Issues Notice In PIL Challenging 50% Reservation For Muslims In State-Run Coaching Centre ICSR

The Kerala High Court on Wednesday issued notice on a Public Interest Litigation (PIL) challenging the 50% reservation for Muslims in the State-run Institute of Career Studies & Research (ICSR) in the Malappuram district.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly issued notice on the plea moved by an advocate practising in the High Court.The ICSR was...

Loss On Trading In Derivatives Of Securities Not A Speculative Loss, Can Be Set Off Against Business Income: Bombay High Court

The Bombay High Court has ruled that transactions in respect of trading in derivatives carried out in a recognized stock exchange are excluded from the definition of "speculation transaction" under the Income Tax Act, 1961. The Bench, consisting of Justices R.D. Dhanuka and S.G. Mehare, held that an assessee is thus entitled to claim set off of the loss suffered by it in the...

Rejected Claims By Resolution Professional In Insolvency Proceedings, To Be Decided By The Arbitrator: Delhi High Court

The High Court of Delhi held that the claims rejected by Resolution Professional in the insolvency proceedings on the ground that they arose after the Insolvency Commencement Date (ICD), are to be decided by the arbitrator. The Court held that extinguishment of claims that arose after the Insolvency Commencement Date (ICD) is a contentious issue that is to be decided by...

Novation Of Partnership Deed, Arbitration Clause Contained In The Deed Can Be Invoked: Bombay High Court

The Bombay High Court has ruled that the allegation of forgery is required to be dealt with at the stage of trial before the Arbitrator. The Single Bench of Justice A. K. Menon dismissed the contention that an arbitration clause cannot be invoked as a result of novation of the agreement containing the arbitration clause. The Court added that even though there had been a novation of...

SSC Recruitment Scam: Calcutta HC Refuses To Hear WB Minister Partha Chatterjee's Plea Seeking Stay On Order To Appear Before CBI

The Calcutta High Court on Wednesday refused to hear an appeal filed by West Bengal Minister Partha Chatterjee challenging an order of a single Bench that directed him to appear before the CBI in connection with the alleged irregularities in appointments of Group-C and Group-D posts (non-teaching staff) in the state government-run schools in West Bengal on the purported recommendation of the...

A Party Cannot Directly Seek The Appointment Of The Arbitrator If The Agreement Provides For Pre-Arbitration Reference To A Competent Authority: Madhya Pradesh High Court

The High Court of Madhya Pradesh has held that the court cannot appoint the arbitrator when the petitioner has not complied with the condition precedent of referring the dispute to the Superintending Engineer. The Single Bench of Justice Vivek Rusia has held the pre-arbitral steps to be mandatory, the non-compliance of which will result in the rejection of the application for...

Invocation Of Arbitration Clause In Tender Document Is Possible Only If Purchase Order Is Placed: Orissa High Court

The Orissa High Court has ruled that till a purchase order is issued by the tenderee pursuant to the acceptance of an offer to supply, no completed 'contract' arises between the parties and thus the arbitration clause contained in the tender document is not attracted. The Single Bench of Chief Justice Dr. S. Muralidhar reiterated that the arbitration clause contained in the...