U’khand HC Issues Directions For Conserving ‘Nature’s Own Garden’—The Alpine Meadows In Garhwal [Read Order]

“Pavan paani dharati aakas ghar mandar har bani”, (Air, water, earth and sky are God’s home and temple), quoted the Uttarakhand High Court from Sikh’s religious scripture Guru Granth Sahib as it directed against free movement of tourists in the alpine meadows in Garhwal region of district Chamoli in Uttarakhand while ordering only local shepherds to graze their cattle there.A bench...

No Appointment Of Arbitrator If There Is Violation Of Conditionality Clause In Arbitration Agreement: SC [Read Judgment]

“Arbitration clause would enliven or invigorate only if the insurer admits or accepts its liability under or in respect of the concerned policy “ While setting aside a Madras High Court judgment appointing an arbitrator ignoring the conditionality clause in an arbitration agreement, the Supreme Court has observed that, even after the 2015 amendment insertion of sub-section 6A in Section...

Appointment Of Surveyor By Insurer Per Se Isn’t Waiver Of Condition Relating To Delay In Intimation, Holds SC [Read Judgment]

‘The dictum in Galada’s case (supra) is in the context of the facts of that case and does not lay down that on the appointment of a surveyor, per se, the insurer is estopped from raising a plea of violation of the condition warranting a repudiation of the claim. The factum of waiver has to be gathered from the totality of the obtaining circumstances.’In an important judgment in the realm...

Principle Of ‘Moulding Of Relief’ Can’t Be Invoked At Interlocutory Stage: SC [Read Judgment]

[Interim Mandatory Injunctions] can be granted only to restore the status quo and not to establish a new set of things differing from the state which existed at the date when the suit was instituted.The Supreme Court has observed that principle of moulding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory...

Publication Of Results Of ICAR Entrance Exam Held During Floods Stayed By High Court Of Kerala

The High Court of Kerala has stayed the publication of results of national level entrance exam of Indian Council of Agricultural Research for admission to doctoral degree programs and award of Junior/Senior Research Fellowships for the academic session 2018-19. The exams were held on August 18 and 19, when the state was reeling under unprecedented flood crisis.The stay order was passed by...

Can’t Detain Foreign Ship Berthed In Port Which Is Within Jurisdiction Of Another HC: Kerala HC Rejects Fishermen’s Plea [Read Judgment]

‘When a foreign vessel is berthed in a port which is within the jurisdiction of another High Court, it cannot be said that the vessel is within the territorial waters of this High Court.’The Kerala High Court has held that proceedings for detaining a ship for enforcement of a maritime claim would not be maintainable before the high court when the foreign vessel is berthed in a port which...

Now Revenue Bar Assn Moves Madras HC Against Constitution Of Appellate Tribunal Under GST Act

A fortnight after the Madras High Court held the constitution of appellate tribunal under the GST Act to be prima facie contrary to the decision of the Supreme Court according to which technical members on a tribunal shall never exceed the judicial member, the Revenue Bar Association has also challenged its constitution and that of the appellate tribunal under the Tamil Nadu Goods and...

Burning An Effigy Prima Facie Does Not Amount To Organising A Mock Funeral: Allahabad HC [Read Order]

The Allahabad High Court recently opined that burning the effigy of a living person prima facie does not amount to organising a mock funeral, which is an offence under Section 6 of the United Provinces Special Powers Act, 1932.Justice JJ Munir observed, “Prima facie burning an effigy of a living person even if caricatured is not a punishable offence under the Act, the purpose of which in...

Lawyers Deny That They Resisted Storage of Flood Relief Materials In Bar Association's Rooms

The reports that the Thrissur Bar Association refused to open its rooms for storing flood relief materials are stated to be untrue by the members and office bearers of the Association.It was widely reported from Sunday night that Thrissur District Collector, T.V Anupama  IAS, had to invoke power under the Disaster Management Act to force open the rooms to store supplies, after Bar...

Children’s Testimony Does Father In For Setting Mother Ablaze, Delhi HC Refers Case To DSLSA For Compensation [Read Judgment]

The Delhi High Court has confirmed the conviction and life term of a man for murdering his wife by setting her ablaze after their three children testified against their father.A bench of Justices S Muralidhar and Vinod Goel dismissed the appeal filed by convict named Virender Singh against the trial court verdict dated January 21, 2017 by which he was held guilty of murdering his wife by...

High Court of Kerala Makes Suggestions To State Govt For Flood Relief & Rehabilitation Measures [Read Order]

The High Court of Kerala put forth certain suggestions to the State Government for consideration while carrying out relief and rehabilitation operations in the flood affected regions.The suggestions came from a bench of Chief Justice Hrishikesh Roy and Justice A K Jayasankran Nambiar while considering a PIL projecting the grievance that relief measures were not adequately reaching the...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court recently suggested that courts can opt for “modern ways of service”, while ordering substituted service of summons.In a significant judgment, for the first time since Independence, the Bombay High Court held that the Gowari community cannot be denied benefits of a Scheduled Tribe status and granted them independent status.Awarding a compensation of Rs...