Madras High Court Imposes Exemplary Costs For Unwarranted Litigation

Madras High Court has imposed exemplary costs on a company for unwarranted litigation while simultaneously holding that the company was entitled to the counterclaim filed. The amount of counterclaim ordered in favour of the defendant company has been set off from the exorbitant costs imposed by the court on the company.Justice N. Anand Venkatesh also observed that the problematic attitude of...

Karnataka High Court Weekly Round Up : February 14 To February 19, 2022

1: Punishment Of Compulsory Retirement For Accepting ₹50 Bribe Disproportionate: Karnataka High Court Case Title: M.S. Kadkol v. State of Karnataka Case No: Writ Petition No.110912 of 2017 Citation: 2022 LiveLaw (Kar) 46 Almost 18 years after an employee of the State government was subjected to compulsory retirement for accepting a bribe of Rs. 50, the Karnataka High Court...

Delhi High Court Weekly Round Up: February 14 To February 20, 2022

CITATIONS 2022 LiveLaw (Del) 111 TO 2022 LiveLaw (Del) 133NOMINAL INDEXManika Batra v. Table Tennis Federation of India & Ors. 2022 LiveLaw (Del) 111AMIT @ SONU JAAT v. State and other connected matters. 2022 LiveLaw (Del) 112SAURABH AGGARWAL & ANR v. STATE & ANR.2022 LiveLaw (Del) 113LUV SHARMA & ORS v. STATE & ANR 2022 LiveLaw (Del) 114COMMONWEALTH HUMAN RIGHTS...

Take Disciplinary Action Against 'Conversion Therapy', Implement Revised CBME Curriculum For 2022-23: Madras HC

Previously, an expert committee was constituted by NMC pursuant to the court order for removing offensive and unscientific terms about the LGBTQIA+ community from the Competency-Based Under Graduate Curriculum (CBME).

Rajasthan High Court Refuses To Accept Claim For Compassionate Appointment Citing Delay Of 17 Years

The division bench of Rajasthan High Court observed refused to accept petitioner's claim for compassionate appointment after a great lapse of 17 years. Justice Anoop Kumar Dhand and Justice Manindra Mohan Shrivastava, ruled, "We are of the considered opinion that the contentions put forward by the counsel for the petitioners, do not carry any merit, as the subsequent...

Tax Authorities Duty Bound To Take Show- Cause Notice To Logical End Within Reasonable Time : Bombay HC Sets Aside 15 Year Old Notice

Observing that a party cannot be expected to preserve evidence/record intact for a very long period and it cannot be made to suffer gross delay on the part of tax authorities, the Bombay High Court has set aside a show-cause notice issued 15 years back against Bombay Dyeing and Manufacturing Company Limited. A division bench of Justice RD Dhanuka and SM Modak, in an order passed...

Kerala High Court Weekly Round Up: February 14 To February 19, 2022

Citations: 2022 LiveLaw (Ker) 78 - 2022 LiveLaw (Ker) 91Nominal IndexBeena M.S v. Shino G. Babu, 2022 LiveLaw (Ker) 78State of Kerala v. Binu Sebastian & Ors, 2022 LiveLaw (Ker) 79Anoop K.A & Anr. v K.R Jyothylal & Ors, 2022 LiveLaw (Ker) 80S. Surendran v. Director General of Central Industrial Security Force & Anr, 2022 LiveLaw (Ker) 81Devarajan v State of Kerala, 2022...

Kerala High Court Asks State To Put A Hold On Its Proposal To Amend Advocate Fee Rule

The Kerala High Court has decided to request the State government hold off on its proposal to amend the Kerala Advocate Fee Rule till the Court's Rule Committee comes to a conclusion on the same.The intimation was made through a notice issued by the Registrar General of the High Court on Friday, which came as a huge relief to the lawyering community in the State. The High Court had addressed...

Bombay High Court Judge Calls Hindi 'National Language' While Rejecting Bail, Accused In Narcotics Case Files SLP In SC

A Telugu travel agent accused in drug trafficking case has approached the Apex Court after the Bombay High Court called Hindi the 'National language' while refusing bail. He contended that the HC failed to appreciate that Hindi is not the National language as per Article 345 of the Constitution of India. In November 2021, Justice Nitin Sambre rejected appellant Gangam Sudhir Kumar...

Wife Making Frequent Discreet Phone Calls To Another Man At Odd Hours Despite Husband's Warning Is Matrimonial Cruelty: Kerala High Court

While granting a decree of divorce to a couple, the Kerala High Court recently ruled that a wife making secret phone calls to a man ignoring her husband's warning against the same amounts to matrimonial cruelty.Justice Kauser Edappagth in his judgment also observed that mere compromise would not amount to condonation of cruelty unless and until the matrimonial life was restored."Making...

Erroneous Finding Can't Be The Basis For Entertaining Appeal u/s 30 of Employee's Compensation Act, Unless It Raises Substantial Question Of Law: Rajasthan High Court

The Rajasthan High Court observed that any erroneous finding or any error of law cannot be the basis for entertaining an appeal under Section 30 of the Employee's Compensation Act, 1923 unless such erroneous findings do not give rise to substantial question of law. Justice Sudesh Bansal, observed, "It is settled law that unless the findings of fact recorded by the Commissioner, are...

S.176 Contract Act| Notice Of Sale By Pawnee Must Contain A Positive Assertion Disclosing Intention To Sell: Calcutta HC

The Calcutta High Court on Wednesday observed that a notice of sale by a pawnee under Section 176 of the Indian Contract Act, 1872 (Act) must contain a 'positive assertion' indicating the intention of the pawnee to dispose of the security. A pledge is a bailment of goods as security for payment of debt or performance of a promise. Section 176 of the Act permits the pawnee to sell the...