News Updates
No Discrimination When Persons Not Similarly Situated: Gujarat HC Refuses To Extend Govt Employee Benefits To Employees Of Autonomous Body
The Gujarat High Court recently held that the benefits flowing from a Resolution applicable to the State Government employees cannot be automatically claimed by the employees of the autonomous body. The bench comprising Justice A. P. Thaker and Justice N.V. Anjaria discarded the plea of discrimination asserted by the employees of Gujarat State Forest Development Corporation insofar as they...
'Malls Will Start Charging For Their Lift Services Too' : Kerala High Court On Lulu Mall Collecting Parking Fee
The Kerala High Court on Friday reiterated its prima facie view that the collection of parking fees by Lulu International shopping mall is not appropriate. It was adjudicating upon a couple of pleas alleging that the mall collecting parking fees from its customers was illegal.Justice P.V. Kunhikrishnan while adjourning the matter to next month repeated its prime facie stand and directed...
Calcutta High Court Seeks State Response To Plea Seeking Reopening Of Schools & Colleges In WB
The Calcutta High Court on Friday sought response from the State government on a batch of Public Interest Litigation (PIL) petitions seeking reopening of schools and colleges in the State. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the State government to place its stand on record regarding the opening of schools and colleges before the next...
Direct Actor Dileep To Surrender Mobile Phone : Prosecution Moves Application Before Kerala High Court
The prosecution has accused actor Dileep and his men of attempting to destroy critical evidence in the recent case of alleged conspiracy to kill police officers investigating the sensational 2017 sexual assault case.The application was moved by Additional Public Prosecutor P. Narayanan with DGP T.A Shaji on Friday in the anticipatory bail plea filed by the actor and others. They have sought...
Arbitral Tribunal Under 'Madhyastham Adhikaran' Law Has Exclusive Jurisdiction To Decide 'Works Contract' Disputes In MP: High Court
The Madhya Pradesh High Court recently said that in the State, the dispute of 'works contract' could be raised before the Tribunal constituted under the M.P. Madhyastham Adhikaran Adhiniyam, 1983 alone, and in such disputes, the applicability of Arbitration and Conciliation Act 1996 is barred.The Bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav further ruled that if...
What Constitutes 'Dispute' Under Arbitration & Conciliation Act? Madhya Pradesh High Court Explains
Surprised over the fact that the word 'Dispute' is not defined under the Arbitration and Conciliation Act, 1996 even though its object is to "resolve disputes" between rival parties, the Madhya Pradesh High Court explained as to what may constitute a 'dispute' for the purpose of invocation of the provisions contained in the Act.The division bench comprising of Justice Sheel Nagu...
No Bar On Pursuing Criminal Proceedings After Arbitration Has Commenced: Delhi High Court
Observing that commencement of arbitration does not bar a party from pursuing criminal proceedings, the Delhi High Court directed the Police to investigate the complaint lodged by a Non-Banking Finance Company against one of its defaulting borrowers.Justice Subramonium Prasad observed,"there is no bar of pursuing criminal proceedings once arbitration has commenced."In the instant case, the...
Madras High Court Issues Slew Of Directions To Remove Encroachments From Water Bodies
Issuing a slew of directions on top of the directions already in force, the Madras High Court has underscored that there will be no leniency towards waterbody encroachers and land grabbers. The court has made it clear in a batch of writ petitions seeking directions to prevent widespread encroachment that- it won't allow the encroachers to peacefully enjoy the properties listed as water bodies...
Inter-Religious Marriage: Gujarat High Court Grants Relief To Couple, Girl's Parents Told Not To Misbehave
The Gujarat High Court recently granted relief to an interfaith married couple, and sternly asked the parents of the girl, who are opposed to the inter faith marriage and their relationship, not to misbehave.The Bench of Justice Sonia Gokani and Justice Mauna M. Bhatt was hearing the Habeas Corpus plea by one Hamim Habibbhai Khambhati who filed a writ of habeas corpus for production of his...
Defence's Burden To Prove Plea Of Insanity Is Only To Establish Preponderance Of Probability, Not Beyond All Manner Of Doubt: Rajasthan HC
The Rajasthan High Court observed that the burden on the defence to prove the plea of insanity is only to the extent of establishing the same by preponderance of probabilities and such a defence need not be proved beyond all manner of doubt. The observation was made while hearing an appeal under Section 374(2) Cr.P.C against the judgment of the trial court, whereby appellants were...
Pendency Of Civil Suit Irrelevant: Madhya Pradesh High Court Refuses To Quash Criminal Proceedings Over Alleged Encroachment Of Govt Land
The Madhya Pradesh High Court has held that if prima facie ingredients of the offence alleged are satisfied, then criminal proceedings need not be quashed in a case involving encroachment upon Government land.The Bench comprising Justice Rajeev Kumar Shrivastava further observed that criminal complaint cannot be quashed only on the ground that the allegations made therein appear to be of...