Delhi High Court Issues Notice On Plea Challenging Provisions Of Arbitration Act, Interest Act & 'Interest Barring' Clauses In Govt Contracts

The Delhi High Court on Wednesday issued notice on a plea challenging the constitutional validity of Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, Section 3 (a)(ii) of Interest Act, 1978 and 'interest barring' clauses engrafted in Contracts by Government Bodies and Public Sector Undertakings. A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh...

Bank Unilaterally Changing Amount Payable Under 'One Time Settlement Scheme' Contrary To Doctrine Of Legitimate Expectation: Madhya Pradesh HC

The Madhya Pradesh High Court recently held that a Bank cannot unilaterally change the quantified OTS (One Time Settlement) amount as the same would be against the principles of natural justice, and also runs contrary to the doctrine of Legitimate Expectation. The division bench of Justice Sujoy Paul and Justice D.D. Bansal was essentially dealing with a writ petition filed by...

Husband Can't Deny Maintenance U/S 125 CrPC To Second Wife When He Suppressed Subsistence Of First Marriage: Gauhati High Court

The Gauhati High Court has held that a man cannot escape his liability under Section 125, Cr.P.C. to provide maintenance to his second wife when he had suppressed the subsistence of his first marriage to her. While dismissing the application made by the husband (petitioner herein) to quash the order of maintenance passed by the lower Court, a Single Judge Bench of Justice Robin...

'Awarding 100% Marks To Every Student Defeats The Purpose Of Examination': Kerala HC Upholds State's Proposal To Alter Board Exam Pattern

The Kerala High Court on Monday refused to interfere with the State government's proposal to alter the examination pattern for State Board exam students this academic year as opposed to the last one.In the proposed examination pattern, 70% of the questions will be from the focus area and the rest 30% from the non-focus area. In addition, there will be 50% choice questions for focus area...

Allahabad HC Dismisses PIL Seeking Lucknow IGP's Transfer As Her Husband Is Contesting UP Polls From Same Area

The Allahabad High Court on Monday dismissed a Public Interest Litigation (PIL) plea seeking transfer of Laxmi Singh, the Inspector General of Police (IG), Lucknow Range on the ground that her Husband, Rajeshwar Singh [Former Joint Director ED] is a Bhartiya Janta Party (BJP) candidate from Sarojini Nagar, a constituency in the Lucknow district.Terming it as proxy litigation, the Bench of...

Recovery Officer Required To Cancel Auction Sale If Bank Is Satisfied That Dues Are Paid Before Sale: Allahabad High Court

The Allahabad High Court has observed that in case Bank/financial institution is satisfied that its dues are paid before the auction sale is confirmed, then the Recovery Officer would be required to cancel the auction sale.The Bench of Justice Dinesh Singh observed thus while dealing with a Writ Petition seeking to quash a 2015 order passed by the Debts Recovery Tribunal, Lucknow ordering...

Kerala High Court Upholds Reappointment Of Kannur University Vice Chancellor, Dismisses Appeal Against Single Judge Decision

The Kerala High Court on Wednesday has dismissed an appeal against a single judge order upholding the re-appointment of Dr Gopinath Ravindran as the Vice-Chancellor of Kannur University.The issue has been gaining momentum in Kerala since this is the first time in the history of the State that a Vice-Chancellor was reappointed. Moreover, it is reported that he was reappointed into office...

[Cyber Crime] Bihar Cops To Face Contempt Of Court Proceedings If They Refuse To Register FIR: Patna High Court

The Patna High Court on Monday warned the Bihar Police Officers that in case they refuse to register FIRs in cybercrime cases, then they will have to face contempt of court proceedings.The Bench of Justice Sandeep Kumar stated thus after taking note of the submissions made by the Telecom Companies before the Court that they are facing difficulties in registration of F.I.R.s. related to...

Order XLVII Rule 1 | 'Error Can Be Corrected Without Clamour, Correction Would Not Alter Decree': Calcutta HC Explains Requirements For Review

The Calcutta High Court on Monday had the opportunity to expound on the requirements that need to be fulfilled before a Court can revisit a judgment under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. Under Order XLVII Rule 1, an aggrieved person may apply for review of a judgment to the Court which passed the decree or made the order under two conditions- first, upon discovery of...

Information From Property Dealers Or Websites Not Cogent Evidence On Adequacy Of Rent For Invoking Section 13(2)(B) Of Income Tax Act: Delhi High Court

A Bench of Delhi High Court, consisting of Justices Manmohan and Navin Chawla, held that in the absence of an independent inquiry, the revenue authorities cannot solely rely on the opinion of property broker firms and websites to determine the adequacy of rent received for invoking section 13(2)(b) of the Income Tax Act, 1961. The Assessee Foundation received voluntary and...

Privacy | High Court Seeks Delhi Govt's Response On Plea Challenging Installation Of CCTV Cameras In Classrooms

The Delhi High Court on Tuesday issued notice on a petition filed by Delhi Parents Association and Government School Teachers Association, challenging the decision of the Delhi government to install CCTV cameras inside classrooms in all Government-run schools as violative of fundamental rights guaranteed under Articles 14, 19(1)(a) and 21 of the Constitution.The Division Bench comprising...

Bombay High Court Refuses To Stay "Gangubai Kathiawadi" Movie Release Over Alleged Defamation Of Kamathipura

The Bombay High Court on Wednesday refused to stay the release of Sanjay Leela Bhansali's Gangubai Kathiawadi slated to hit theatres on February 25. A division bench of Chief Justice Dipankar Datta and Justice MS Karnik disposed of one PIL while dismissing another PIL by MLA Amin Patel and a petition filed by residents of Kamathipura.The court took exception to petitions being filed last...