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...

Delhi High Court Grants Ex Parte Injunction In Pepsico's Plea Against Liquor Company Using Their Trademark 'Mirinda'

The Delhi High Court recently granted an ex parte injunction in favour of Pepsico against a liquor company allegedly using their mark i.e. Mirinda. A bench of Justice Jyoti Singh observed that Pepsico had successfully made out a prima facie case for an ad-interim injunction since the balance of convenience lies in their favour. : "This Court is of the view that Plaintiffs have made out...

Play Store Payment Policy| Karnataka High Court Temporarily Restrains CCI From Exposing Confidential Information Of Google

The Karnataka High Court on Tuesday temporarily restrained the Competition Commission of India (CCI) from divulging confidential information of Google India Pvt Ltd to the complainant Alliance Of Digital India Foundation till May 25. This is in light of the fact that CCI is currently probing if Google employs anti-competitive measures to require developers distributing their apps through...

Delhi High Court Seeks Response Of Centre, Central Waqf Council On Plea Challenging Constitutionality Of Waqf Act

The Delhi High Court on Thursday sought response of the Centre and the Central Waqf Council on a plea challenging the vires of Waqf Act, 1995 as being violative of Articles 12, 13, 14, 15, 21, 25, 26 & 300A of the Constitution. A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla issued notice on the plea while granting four weeks time to the...

WB Post Poll Violence: Calcutta High Court Raps CBI Counsel For Being Unaware Of Facts, Failing To Render Any Assistance

The Calcutta High Court on Tuesday pulled up the counsel appearing for the Central Bureau of Investigation (CBI) for not being aware of the facts in the West Bengal post-poll violence case. The Court vide order dated August 19, 2021 had handed over to the CBI the investigation of cases related to murder, rape and crime against women whereas a SIT had been constituted to investigate other...

Heera Exim Gold Scam : Supreme Court Dismisses SFIO Plea To Cancel Bail Of Nowhera Shaikh

The Supreme Court, on Thursday, dismissed the application filed by Serious Fraud Investigation Office (SFIO) seeking cancellation of bail granted to Nowhera Shaikh, the Managing Director of Heera Gold Exim Private Limited. The proceedings in furtherance of the fresh FIR registered were also stayed. "The application is dismissed and proceedings pursuant to the FIR are stayed. We put it...