Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court

The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness.A Bench of Justices V Ramasubramanian and Pankaj Mithal held that it’s not open for Courts to place such “onerous conditions”. Apart from being impermissible in law, the condition is...

Can't Deny Admission Solely Because Student Not Resident Of District In Which Navodaya Vidyalaya Is Situated: Patna High Court Differs From Bombay HC

The Patna High Court has passed an order overturning the decision of the Jawahar Navodaya Vidyalaya rejecting admission to a group of minor students, who had been shortlisted through a full fledged selection process, on the basis that they were not residents of the district in which the school was situated. The court has ordered the respondent school to consider the petitioner’s admission...

[Maharashtra Village Panchayat Act] Sarpanch Not Disqualified For Holding Consecutive Meetings: Bombay High Court

The Bombay High Court recently held that there is no statutory violation by a Sarpanch conducting Gram Sabha meetings consecutively as the Maharashtra Village Panchayat Act, 1958 does not provide for holding Gram Sabha meetings in a particular way.Justice Arun Pednekar of the Aurangabad bench set aside the disqualification of the Sarpanch of a village in Jalna District who held four Gram...

Blocking A National Highway Does Not Attract Immunity Under Article 19 Of Constitution: Tripura High Court

The Tripura High Court recently observed that once a National Highway has been blocked in the form of an assembly, it amounts to violation of Section 8B of the National Highway Act and hence no claim of immunity under Article 19(1)(a)(b) of the Constitution of India can be made.Section 8B penalizes acts that render any national highway impassable or less safe for traveling.A bench...

Section 11 Petitions Seeking Relief But Not Raised In The Previous Arbitration; Gross Abuse Of Process of Court: Delhi High Court

The Delhi High Court has ruled that since the party had failed to challenge the termination of the Collaboration Agreement in the first round of arbitral proceedings, the demolition of the structure built by it under the said Collaboration Agreement would not give it a fresh cause of action. The bench of Justice Navin Chawla remarked that the cause of action for...

Bhima Koregaon | Gautam Navlakha Not Involved With Maoist Party, Rather Suspected By Them To Be A 'Govt Agent': Lawyer Tells Bombay High Court

The Communist Party of India (Maoist) suspected senior journalist Gautam Navlakha was a “government agent” who negatively impacted their movement, his counsel argued before the Bombay High Court on Monday.He cited a document seized from co-accused researcher Rona Wilson's laptop to demonstrate the CPI(M)'s contempt for Navlakha is diametrically opposite from the UAPA charges NIA has...

[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother

The Bombay High Court recently upheld the eviction of two individuals who allegedly mistreated their stepmother from their deceased father's house observing that the elderly stepmother needs comfort and peace in the evening of her life.Justice RG Avachat upheld the order of the tribunal constituted under section 7 of the Maintenance And Welfare of Parents And Senior Citizens Act, 2007...

Shifting Entire Blame On IRP Not Justified; Creditors Must Also Play Catalytic Role In CIRP: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench comprising of Justice Ashok Bhushan (Judicial Member) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Shri Guru Containers v Jitendra Palande, has held that creditors must not shift the entire blame on the IRP on grounds of non-performance of duty and make him the scapegoat. It...

Supply Of Ready To Eat And Ready To Cook Food Products Attracts 18% GST: Karnataka AAR

The Karnataka Authority for Advance Ruling has ruled that 18% GST is applicable on the supply of ready-to-eat and ready-to-cook food products.The two-member bench of M.P. Ravi Prasad and Kiran Reddy T. has observed that all kinds of food mixes, including instant food mixes, soft drink concentrates, Sharbat, the betel nut product known as "Supari," sterilized or pasteurized millstone,...

Assessment Can’t Be Reopened Based On Another Director’s Disclosure Of Income Differently Received: Bombay High Court

The Bombay High Court has held that the fact that a different director of the same company disclosed the income received in a different way cannot be used as justification to reopen the assessment.The division bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata observed that the reopening of the assessment was based on a change of opinion, conjectures, and assumptions, as well as...

Sastra University, Thanjavur Wins Moot Court Competition Hosted By Government Law College, Ernakulam

The three-day 21st All India Moot Court Competition for Adv T. S. Venkateswara Iyer memorial Ever Rolling Trophy came to an end on Sunday, 26th of February. The judging panel of final rounds and the valedictory ceremony saw the esteemed presence of the sitting Judges of the Kerala High Court, Justice Bechu Kurian Thomas, Justice Gopinath P, and Justice Dr. Kauser Edappagath.Eighteen Teams from different law colleges in India had participated in the competition.The preliminary rounds as well as...

S. 34 Petition Can’t Be Amended To Introduce New Grounds Containing New Facts, To Challenge Arbitral Award: Delhi High Court Reiterates

The Delhi High Court has reiterated that though it is permissible to introduce an amendment in a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), however, new grounds of challenge containing new material/ facts cannot be introduced when the said grounds were neither raised in the original petition under Section 34 nor before the...