News Updates
Delay In Approaching Appointing Authority For Constitution Of Tribunal, Won’t Render Claims Time Barred: Delhi High Court
The Delhi High Court has ruled that the limitation period within which a party is required to approach the court for seeking constitution of the arbitral tribunal, cannot be conflated with the limitation period for invoking the arbitration agreement. Thus, any delay by the party in taking further steps for constitution of an arbitral tribunal, will not render the party’s substantive...
Lawyers' Protest: Calcutta HC Displeased With Police Failure To Identify Miscreants Who Circulated Defamatory Posters Against Judge
The Calcutta High Court on Wednesday expressed dissatisfaction with the progress of the investigation by the Kolkata Police in identifying the miscreants involved in the agitation held outside the courtroom of Justice Rajasekhar Mantha on January 9 following which a contempt case was initiated against the errant lawyers. On the last date of hearing, a bench comprising Justices TS Sivagnanam,...
Karnataka High Court Refuses To Release RTI Activist's Seized Mobile Until He Unlocks It For Investigation
The Karnataka High Court has refused to release the mobile phone of a RTI activist, seized by the Police during investigation of a criminal case against him, citing his refusal to unlock the device for the purpose of investigation.The petitioner allegedly videographed the proceedings of Mysore Urban Development Authority in his phone and later prevented discharging official duties of the...
Credit For TCS Available To Assessee In Whose Hand Income Is Assessed To Tax: ITAT
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has reiterated that credit for Tax Collected at Source (TCS) should be given to the assessee who is finally and lawfully assessed to tax in respect of the income on which TCS has been collected, irrespective of the person in whose name the TCS certificate has been issued. Referring to the decision of the Jaipur Bench of...
Drivers Required To Slow Down At Zebra Crossing, Outlandish To Accuse Pedestrians Of Negligence Without Proof: Kerala High Court
Slamming State Insurance Department for its argument that a person crossing the road using 'zebra crossing' is required to be extra careful, the Kerala High Court held that unless it is specifically pleaded and proved that there was a clear case of negligence on part of pedestrian, such an inference cannot be made. The department had challenged Motor Accidents Claims Tribunal's award of...
Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings
The Gujarat High Court on Tuesday dropped the contempt proceedings and accepted the unconditional apology rendered by 12 judicial officers who failed to dispose of a suit which is pending since 1977 till date, despite the direction issued by the High Court in November 2004 to dispose it of by the end of year 2005. While closing the contempt proceedings, the division bench of Chief...
Wife Can Claim Return Of Gold Ornaments Under Prevention of Dowry Act Only If She Proves Entrustment To Husband: Kerala High Court
The Kerala High Court on Tuesday observed that gold ornaments kept in a locker in the wife’s name cannot amount to the entrustment of the ornaments to the husband or the husband’s family and thus recovery of the same cannot be initiated along with divorce proceedings. A division bench of Justice Anil K Narendran and Justice P.G. Ajithkumar said that in the absence of enough evidence that...
Breaking | Bombay High Court Dismisses PIL Against Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium System
The Bombay High Court on Thursday dismissed a PIL against the Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their constant public criticism of the judiciary’s ‘collegium system’ and remarks against the basic structure doctrine. Petitioner - the Bombay Lawyers Association sought to restrain them from discharging their duties claiming that the two...
Evidence Of Witness In Examination-In-Chief Doesn’t Become Inadmissible Merely Because He Couldn’t Be Cross-Examined: Patna HC Reiterates
The Patna High Court has reiterated that evidence given by a witness in his examination-in-chief cannot be completely discarded merely because he could not be cross-examined by the opposite party. A Single Judge Bench of Justice Sunil Dutta Mishra underlined that such evidence can be made admissible but weight to be attached to such testimony will depend upon the facts...
Shahrukh Pathan Alleges Assault By Jail Officials, Delhi High Court Asks Him To Approach Trial Court For Early Hearing
The Delhi High Court Thursday asked Shahrukh Pathan, accused in 2020 Northeast Delhi riots cases, to move an application before trial court for advancing the hearing of his petition alleging that he was attacked and assaulted by jail officials.Justice Amit Sharma, who was hearing a similar petition moved by Pathan, said that since a plea has already been moved before trial court, it would...
Mumbai-Ahmedabad Bullet Train Project : Bombay High Court Upholds Acquisition Of Godrej & Boyce's Plot At Vikhroli
The Bombay High Court on Thursday green flagged the bullet train project and refused to set aside the acquisition of Godrej & Boyce Manufacturing Co. Ltd's plot at Vikhroli."There are no irregularities in the acquisition...Project is of paramount importance...Public interest would prevail over private interest," a division bench of Justices RD Dhanuka and MM Sathaye observed. The court...
Can't Let Them Suffer "Rough Side Of Life": JKL High Court Grants Bail To Father Of Two Minors Booked For Murder Of Their Mother
The Jammu and Kashmir and Ladakh High Court recently granted bail to a man, accused of killing his wife, to take care of their two minor daughters. Appreciating the sensitivity of the situation Justice Rahul Bharti said that it could ignore the hard fact that the two minor daughters while on the one hand had come to suffer loss of their mother for all times to come and on the other hand...