News Updates
Electricity Act Will Not Apply When Contract Is For Supply Of Materials Simplicitor, Court Can Apppoint Arbitrator: Allahabad High Court
The Allahabad High Court has held that the embargo under S.86 of the Electricity Act which provides that only the Regulatory Commission can appoint an arbitrator does not apply when the agreement is for supply simpliciter and does not have an element of transmission, distribution, and trading of electricity and the Court can appoint an arbitrator in such cases. The Single Bench...
Right Of A Party To File Counter Claims Exists Independently Of Any Liberty Granted To It By The Arbitral Tribunal: Delhi High Court
The Delhi High Court has ruled that any matter on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject of an interim award made by it, and the same can be challenged before the Court under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice C. Hari Shankar held that the right of a party to...
"No Right To Occupy Place Of Vending Round The Clock": Delhi HC Refuses Impleadment Of Street Vendors In Suo Moto PIL Over Encroachments In Okhla
The Delhi High Court on Thursday rejected an application moved by a group of street vendors, seeking impleadment in the suo moto public interest litigation initiated over the issue of illegal constructions and encroachments of public land in city's Okhla industrial area.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that as per Supreme...
"Complete Lack Of Evidence Of Deceased Being Last Seen Alive With Accused": Allahabad HC Sets Aside Life Sentence Of 2 Murder Accused
The Allahabad High Court recently set aside the life sentence awarded to two murder accused as it noted that the prosecution had failed to prove beyond reasonable doubt that the appellants/accused had murdered the deceased, who was allegedly their helper.The Bench of Justice Manoj Misra and Justice Sameer Jain further observed that was a complete lack of evidence of the deceased being last...
Unilateral Deposit Of Amount In Absence Of Allotment Letter Does Not Create Any Rights In Land: Rajasthan High Court
The Rajasthan High Court observed that merely depositing an amount unilaterally by the petitioner-firm, in absence of any allotment letter, would not create any right to claim allotment of land in its favour. Justice Ashok Kumar Gaur, while dismissing the writ petition, ruled, "This Court finds that merely by depositing amount unilaterally by the petitioner-firm, in absence of...
After Nudge From High Court, Karnataka Govt Installs MRI Scanning Machine At DIMHANS
The Karnataka Government on Thursday informed the High Court that an M.R.I scanning machine has been installed and made operational at the Dharwad Institute of Mental Health and Neurosciences (DIMHANS). A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna took on record the compliance affidavit filed by the government stating that installation of the MRI...
Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC
The Delhi High Court has observed that the ambit and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two competing statutes, must be harmoniously construed so as to avoid a situation of repugnancy and conflict.Justice Yashwant Varma relied on a 2017 judgment of the Supreme Court in Amit Kumar and another v. Charu Makin wherein it was observed...
Housing For BPL/ EWS Families: Karnataka High Court Asks Centre, State To Ensure Proper Implementation Of Govt Schemes
The Karnataka High Court has directed the Central and State Governments to ensure proper implementation of schemes launched for providing housing to eligible siteless/houseless urban and rural BPL/EWS families belonging to various categories of weaker sections of the society. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar said, "It is needless to...
Individual Cannot Stall Entire Functioning Of A Board Because Majority Differs From His View: Delhi High Court
"An individual cannot try to stall the entire functioning of the Board by stating that the decision taken by the Board are against his views because the majority differs from his view," the Delhi High Court has recently observed. Justice Subramonium Prasad was dealing with a contempt petition filed by a Member (Legal) of the Petroleum & Natural Gas Regulatory Board constituted under...
Woman Diagnosed With Post-Partum Depression Sentenced To Life For Infant's Murder By Throwing It Out Of Bathroom Window
Twelve-years after a mother was accused of throwing her one-and-a-half-month-old infant from a government-run hospital's bathroom window, a Sessions court in Mumbai sentenced her to life imprisonment for infanticide. The girl was one of the twins born prematurely to the mother, now 40-years-old. While CCTV footage at the BMC run KEM Hospital showed the mother entering the toilet with...
Delhi High Court Issues Notice On Plea Seeking Action Against Persons Fraudulently Pasting 'Judge' Sticker On Their Vehicles
The Delhi High Court on Thursday issued notice on a public interest litigation seeking legal or departmental enquiry against those persons who are fraudulently using printouts with the word 'Judge' pasted on their vehicles.The Division Bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed the Respondent, High Court administration, to file its reply within...
No Violation Of Fundamental Rights: Karnataka HC Upholds Centre's Decision De-Recognising 'Vaidya Vidwaan' Certificates Awarded Between 1975-2010
The Karnataka High Court has upheld the notification dated June 25, 2010 issued by the Union Ministry of Health and Family Welfare by which it de-recognize all the "Vaidya Vidwan" certificates awarded by the Andhra Ayurvedic Parishad from 1975 till 2010 as invalid. A division bench of Justice S.Sujatha and Justice Ravi V. Hosmani while dismissing an intra-court appeal filed by a batch...