Bill to repeal four Labour Codes introduced in Rajya Sabha

On February 4th, 2022, a Private Member Bill was introduced in Rajya Sabha, by CPI(M) leader Elamaram Kareem to repeal the four new Labour Codes being opposed by Trade Union Leaders and Labour law scholars alike. Normally introduced as a mark of protest, Private Member Bills are floated by MPs who are not Ministers (Bills by Ministers are called government bills) and can be introduced...

Recourse To S.14 Arbitration Act Not Available In Respect Of Challenge To Arbitrator U/S 12(1): Delhi High Court

The Delhi High Court has held that recourse to Section 14 (failure or impossibility to act) of the Arbitration and Conciliation Act, 1996 is not available in respect of any challenge to the appointment of arbitrator under Section 12(1) of Act. Section 12 provides for 'grounds of challenge', whereas sub section (1) provides that an arbitrator must disclose in writing any circumstances...

'Serious Question About Locus Of Petitioner': Calcutta HC Dismisses PIL Against Physical Classes For Unvaccinated Students Aged Below 15 Yrs

The Calcutta High Court on Monday dismissed a Public Interest Litigation (PIL) seeking directions to ensure that conduct of physical classes for Class VIII students in the State should resume only for vaccinated children and that children who are below 15 years of age i.e. are born after the year 2007 should be permitted to attend online classes. The PIL had been filed one Gaurav Purakayastha,...

Delay Fatal Only If Parties Attempt To Obtain Any Unfair Advantage : Kerala High Court

The Kerala High Court recently ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair benefit or if any prejudice will be caused to the opposite party in the case. Justice Kauser Edappagath while partly allowing a petition seeking to re-examine 7 witnesses and summon 9 additional witnesses observed that the delay in...

All High Courts Weekly Roundup [31 January- 06 February, 2022]

Allahabad High Court1. [Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isn't Entitled To His/Her Legal Custody: Allahabad HCCase title - Shradha Kannaujia (Minor) And Another v. State Of U.P. And 5 Others Case citation: 2022 LiveLaw (AB) 28The High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody...

Karnataka High Court Full Bench Resolves To Place Portrait Of Dr. BR Ambedkar At All Official Court Functions

The Full bench of the Karnataka High Court has resolved to place the portrait of Dr. B.R.Ambedkar, Architect of the Constitution of India, in all official functions of the courts. As per the circular issued on February 4, the portrait is allowed to be placed during functions such as Republic Day on 26th January, Independence Day on 15th August and Constitution Day on 26th November in...

Karnataka High Court Weekly Roundup: January 31 To February 6, 2022

1. Karnataka High Court Reduces Sentence Of KSRTC Employee Convicted For Rash Driving, Endangering Life Of Others Case Title: Devendrappa H v. The State Citation: 2022 Livelaw (Kar) 34 Grating relief to a bus driver employed with the Karnataka State Road Transport Corporation (KSRTC) and convicted for the offence of rash driving, the Karnataka High Court recently reduced his...

Subsequent Reconstruction Of File Records Doesn't Change Original Filing Date: Bombay High Court

The limitation period for considering an appeal (reference) against a land acquisition order must be calculated from the date an application was first filed and not from the date a missing appeal copy was reconstructed and submitted by the applicant, the Bombay High Court held. The court set aside the Deputy Collector's (Sangli) order rejecting an application to refer the...

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer

Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck.Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note of the fact that...

'Public Authority' & 'Public Information Officer' Under RTI Act, 2005: Jharkhand High Court Explains Difference

Upholding the order of the State Information Commission, the Jharkhand High Court recently held that the State Information Commission has the power to pass an order of compensation by resorting to the provision of Section 19(8)(b) of the Right to Information Act, 2005. Noting the difference between Public Authority and Public Information Officer, Justice Sujit Narayan Prasad held that the...

Blacklisting Causes Civil Death, Clear Show Cause Notice & Due Process A Must: Bombay High Court

Observing that an entity cannot be blacklisted from participating in future contracts without being allowed a proper opportunity to defend itself and without following the due process of law, the Bombay High Court granted interim relief to a company in a contract with the Railways. The court held that the railway officials had not given the petitioner a fair opportunity to defend his...

Order XXXVII CPC- Defendant Entitled To Unconditional Leave To Defend Suit If Substantial Defence Or Triable Issues Shown: Delhi High Court

The Delhi High Court has observed that under Order XXXVII of the Code of Civil Procedure, a defendant is entitled to the leave to defend the suit if he satisfied the Court that he has a substantial defence or that there are triable issues by way of which the plaintiff is not entitled to leave to sign judgment. Justice Suresh Kumar Kait made the following observations:"Order XXXVII CPC...