S.13 Notaries Act | Can't Take Cognizance Of Offences Committed By Advocate, Notary Unless Sanctioned By Centre/State: Karnataka High Court

The Karnataka High Court has ruled that as per Section 13 of the Notaries Act, there is a bar for taking cognizance by the Court for offences committed by an advocate and notary while adding that under the Act, the police have to obtain the permission of the Central Government or State Government for filing the charge sheet and taking cognizance. A single judge bench of Justice K...

Delhi High Court Directs State To Urgently Appoint Officials To Support Tree Officers Till Forest Department Personnel Are Deployed

The Delhi High Court has recently sought the response of the State Government on the measures taken by it for securing it's tree officers in the discharge of their duties.Justice Najmi Waziri therefore ordered the Delhi Government, for the interim, to appoint other officers, subordinate-staff and personnel under Section 6 of the Delhi Preservation of Trees Act, 1994 on an urgent basis, to...

Writ Court Cannot Impose Penalty Not Contemplated In Statute In Exercise Of Plenary Jurisdiction: Calcutta High Court

The Calcutta High Court on Wednesday has observed that a writ Court in exercise of its powers under Article 226 of the Constitution cannot impose a penalty which is not contemplated in the concerned statutory rules in exercise of its so called plenary jurisdiction. A Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta observed, "..the writ court discharges his solemn duties...

"Young Lawyers Advised To Take Up Such Cases": Allahabad High Court Grants Bail To Undertrial In Jail For Over 11 Years

The Allahabad High Court today granted bail to an undertrial prisoner who has been in jail for over 11 years in connection with an attempt to murder case. The court also gave a piece of advice to young lawyers to take up the cases of such prisoners who can't approach courts due to their adverse pecuniary position.The Bench of Justice Saurabh Shyam Shamshery also took into account the...

Black Marketers Taking Advantage Of Differences Between State And Centre: Calcutta HC Directs Jute Commissioner To Review Rate Of Raw Jute To Curb Price Hike

The Calcutta High Court on Wednesday has directed the Jute Commissioner to review and re-fix the rate of raw jute if the notified rate cannot be adhered to.Justice Amrita Sinha observed, "The Jute Commissioner is directed to take positive steps and adopt stringent measures to implement the notified rate, but despite all efforts, if it appears that the notified rate cannot be adhered to, then...

Opportunity Of Being Heard Necessary: Rajasthan HC Asks Tehsildar To Hear The Poultry Farmer Before Ordering Him To Shift His Farm

The Rajasthan High Court recently asked the Tahsildar to hear the poultry farmer before he decides to ask him to shift his farm elsewhere. The observation came from Justice Vinit Kumar Mathur: "A bare perusal of the Annex. 5 dated 09.09.2016 shows that the petitioner has not been extended any opportunity of hearing before passing the notice impugned. This Court feels that since...

Fairness Assured By Article 21 Would Receive A Jolt If Period Of Deprivation Pending Trial Or Disposal Of Appeal Becomes Unduly Long: Delhi High Court

The Delhi High Court has observed that if the period of deprivation pending trial or disposal of criminal appeal becomes unduly long, the fairness assured by Article 21 of the Constitution of India would receive a jolt.Justice Chandra Dhari Singh further added that the delay in disposal of criminal appeals pending in the High Court is matter of serious concern to all those involved in...

Giving Retrospective Effect To A Notification Would Be Patently Unfair And Unreasonable: Gauhati High Court

The High Court of Gauhati recently directed the State government to issue appointment orders to all persons selected pursuant to their last employment advertisement, even though the government had recently issued new advertisement for the same vacancies. Justice Michael Zothankhuma observed that : "The amendment made to the Executive Instructions vide Notification dated 10.04.2018...

Supplementary Agreement Rescinding Arbitration Clause; Whether Agreement Contrary To Law, To Be Decided By Arbitrator: Delhi High Court

The Delhi High Court has held that whether a supplementary agreement between the parties, rescinding the arbitration clause contained in the principal contract, is contrary to law or not in view of taking away the right of a party to invoke arbitration, is required to be decided by the arbitrator himself. The Single Bench of Justice Sanjeev Sachdeva ruled that the disputes raised by...

Mere Filing Of Written Statement Qua An Independent Transaction Would Not Amount To Waiver Of Right To Invoke Arbitration: Delhi High Court

The High Court of Delhi has held that a party cannot be deemed to have waived its right to invoke arbitration merely because it has filed a written statement in respect of disputes that are not covered under the agreement. The Single Bench of Justice Sanjeev Sachdeva held that a suit in respect of a dispute that is not governed by the arbitration agreement is not an impediment to...

'Lawyer Not Criminally Liable For Improper Legal Advice': Calcutta High Court Quashes Criminal Proceedings Against Lawyer

The Calcutta High Court has recently quashed criminal proceedings initiated against a lawyer for providing allegedly false and improper legal advice which was instrumental in sanction of a bank loan to a company which was later declared as Non Performing Asset (NPA) with an outstanding due of Rs. 2.57 crores. Justice Ananda Kumar Mukherjee observed that merely because the lawyer's opinion was...

Husband Initiates Marriage Dissolution Proceedings, Karnataka High Court Asks Him To Pay Wife Rs 25K As Litigation Expenses

The Karnataka High Court recently directed a husband to pay Rs 25,000 as litigation expenses to allow the wife to engage an advocate and to contest the proceedings filed by him seeking dissolution of marriage. A single-judge bench of Justice S G Pandit said,"I deem it proper and appropriate to direct respondent-Husband to pay a sum of Rs.25,000, towards litigation expenses to...