Madras High Court Directs Annamalai University To Refund ₹10.5 Lakh To Student Who Discontinued MBBS, Says University Tried To Profit Itself

The Madras High court recently directed Annamalai University to refund an amount of ₹10.5 lakh to a former student who had discontinued MBBS studies at the university and joined another college.Observing that the vacant seat was subsequently filled and that the university did not suffer any loss, Justice K Kumaresh Babu of the Madurai bench noted that the institution could only retain the...

Prepare SOP For SDMs On How To Give Effect To Orders On Recovery And Eviction: High Court Directs Delhi Govt

The Delhi High Court has directed the Delhi Government to prepare a standard operating procedure (SOP) for all SDMs on the manner in which judicial orders of eviction and recovery are to be given effect to.Justice Prathiba M Singh said that it has been “repeatedly noticed” that various orders for enforcement of possession and recovery which are to be given effect to by the concerned SDM...

Matrimonial Dispute, No Illegal Detention: Calcutta High Court Dismisses Father's Habeas Corpus Petition For Custody

The Calcutta High Court on Wednesday dismissed a Habeas Corpus writ petition filed by a father, for the production his children who are residing with their mother, on the ground that the ordinary remedy is available under the Guardians and Wards Act in child custody matters.The division bench of Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee observed:“Indisputably there...

Denial Of Admission Under EWS/DG Category Despite Allotment By DoE Violative Of Child’s Fundamental Right Under Article 21A: Delhi High Court

The Delhi High Court has said that denial of admission by a school under EWS/DG category despite allotment by Directorate of Education (DoE) “frustrates the noble objective” of Right to Education Act, 2009 and violates fundamental rights of such children under Article 21A of Constitution of India.Justice Mini Pushkarna made the observation while allowing the plea of a minor child...

Court Has Almost “Nil” Scope Of Interference Against Order Disposing Of S. 34 Petition Under Arbitration Act: Delhi High Court

The Delhi High Court has ruled that, as a necessary corollary of the provisions of Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 (A&C Act), what cannot be considered by the adjudicating Court under a Section 34 petition can certainly not be adjudicated upon by the appellate Court under Section 37. The Court added that it has almost “Nil” scope...

Bombay High Court Quashes Sexual Assault Case Under POCSO After Child’s Mother Consents

The Bombay High Court has quashed an FIR registered against a 19-year-old male student under IPC and POCSO for the abduction and sexual assault of a minor teenager with the complainant’s - mother’s consent.Justices Nitin Sambre and SG Dige observed that the couple was on “friendly terms” and lived together without informing the girl’s parents. And this miscommunication was the...

Reference To Wrong Agreement in Arbitration Notice, Not Invalid If Agreement Otherwise Exists: Delhi High Court

The Delhi High Court has reiterated that mere reference to a wrong provision or term of the agreement cannot invalidate the notice invoking arbitration, if otherwise such power or provision exists in the document executed between the parties. The bench of Justice Navin Chawla was dealing with a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C...

Arbitration Cases Monthly Round-Up: February 2023

High Courts Bombay High Court: Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court Case Title: PSP Projects Limited versus Bhiwandi Nizampur City Municipal Corp The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the...

Punjab and Haryana High Court Orders Gurgaon DLSA To Pay Compensation To Minor Rape Victim Under 2013 Scheme

The Punjab and Haryana High Court has directed the District Legal Service Authority (DLSA) in Gurgaon to disburse compensation under the Haryana Victims Compensation Scheme, 2013 (now repealed) to a rape victim, whose case had not been forwarded to the DLSA by the trial court for grant of compensation. While allowing the writ petition filed by the father of the victim - who was minor on the...

State Cannot Evade Responsibility To Pay A Contractor In The Guise Of Limitation Period: Kerala High Court

The Kerala High on Wednesday held that the state cannot avoid its obligation to compensate a contractor for dues owed to him by invoking the ground of limitation.A single bench of Justice Shaji P Chaly observed that “Above all, in a welfare State, the State has the duty and obligation to protect the interests of its citizens, rather than finding ways and means to defeat their interests...

Insolvency and Bankruptcy Board of India Eligible For Income Tax Exemption On Grant-In-Aid, Fine, Fee, Interest Income: CBDT

The Central Board of Direct Taxes (CBDT) has notified that the Insolvency and Bankruptcy Board of India shall be eligible for the income tax exemption under clause (46) of section 10 of the Income-tax Act, 1961.The grants-in-aid received from the Central Government, the fees and fines received under the Insolvency and Bankruptcy Code, 2016, and interest income accrued by the Insolvency...

13-Yr-Old Electrocuted, Dies: Jammu & Kashmir High Court Invokes Absolute Liability, Grants ₹10 Lakh Compensation To Mother

Invoking the principle of absolute liability, the Jammu and Kashmir and Ladakh High Court on Wednesday granted Rs. 10 Lakh compensation to the mother of a 13 year old who died due to electrocution.A bench comprising Justice Wasim Sadiq Nargal observed that the rule of absolute liability does not obligate the claimant to prove negligence. Rather, on account of hazardous and dangerous nature...