Judicial Officers' Conduct In Passing Orders On Printed Proforma Sans Application Of Judicial Mind 'Objectionable': Allahabad HC

The Allahabad High Court has observed that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.The bench of Justice Shamim Ahmed observed thus while quashing the cognizance order of the Court of ASJ/POCSO-II Raibareli summoning a man accused of...

Anticipatory Bail Cannot Be Granted Solely On Ground That Accused Is Not Required For Custodial Interrogation: Gujarat High Court

A single judge bench of the Gujarat High Court held that the non-requirement of custodial interrogation cannot by itself be a ground to grant anticipatory bail to an accused. "Custodial interrogation can be one of the grounds to decline anticipatory bail. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory...

Not Permissible To Take One Dose Of Covishield And Another Of Covaxin: Centre To Delhi High Court

The Central Government has informed the Delhi High Court that it is not permissible for an individual to take first dose of Covishield and second dose of Covaxin. Central Government’s standing counsel Anurag Ahluwalia told Justice Prathiba M Singh that mixing of two COVID-19 vaccines is not permissible for the first and second dose. However, he said it is allowed for the booster dose. The...

Non-Payment Of Compensation To 84 Y/O Man Who Lost Wife, Daughter In 1984 Riots, Allahabad HC Seeks Affidavit Of UP Govt Secy

While hearing a plea filed by an 84-year-old man seeking compensation for the loss of his wife and daughter in the 1984 Anti-Sikh Riots, the Allahabad High Court has sought a personal affidavit of the Secretary, Home (Communal Control Cell), Government of U.P. The bench of Justice Mahesh Chandra Tripathi and Justice Vivek Kumar Singh passed this order on the plea of one Pyara Singh as it...

Non - Signatory Can Be Referred To Arbitration Under ‘Doctrine Of Alter Ego’: Madras High Court

The Madras High Court has ruled that non-signatories to arbitration agreement can be referred to arbitration by invoking the ‘doctrine of alter ego’ only in exceptional cases where there is convincing evidence that the non-signatory is the ‘alter ego’ of the signatory. The bench of Justice Senthilkumar Ramamoorthy remarked that the doctrine of alter ego is applied in...

Ensure Visually Impaired Students Don't Suffer Due To Unavailability Of Teachers: Delhi High Court To Director Education

The Delhi High Court has directed Delhi Government’s Director of Education to ensure that there is no scarcity of teachers in primary schools meant for visually impaired students.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also said that all possible efforts must be made to ensure that teachers are permitted to continue in such schools till the...

Arbitration Clause Continues To Operate Even After Dissolution Of Partnership: Delhi High Court

The Delhi High Court has ruled that an arbitration clause contained in a contract executed with a partnership firm, will continue in effect even after the death of a partner causes the dissolution of the partnership. The bench of Justice Chandra Dhari Singh held that the Court has the power to conduct a procedural review of its order passed under Section 11 of the...

Can't Browbeat Judges To Get Things Done Your Way: Kerala High Court To Woman On Allegations Of Bias Against Family Court In Divorce Case

The Kerala High Court recently dismissed a woman's petition seeking transfer of a divorce case on the ground of alleged bias and favouritism by the Family Court Judge. The divorce case has been filed by her husband.Justice C.S. Dias said the petitioner, a woman lawyer, has made a "scathing attack" on the Family Court Judge by questioning his integrity, honesty and impartiality, on the sole...

Madras High Court Upholds UGC's Power To Impose Territorial Restrictions On Distance Education Courses

The Madras High Court has recently upheld the power of the University Grants Commission to impose Regulations for the conduct of Distance Education Programs by the universities.The University Grants Commission, on 21st August 2012 had imposed a condition stating that the territorial jurisdiction with respect to the distance education programs were to be decided by the Distance Education...

Removal Of Objections In Any Proceedings Before An Authority Does Not Render The Proceedings Time Barred: Bombay High Court

The Bombay High Court recently held that correction or removal of objections in any proceedings before any authority does not render the proceedings time barred if the correction does not alter the nature of the proceeding.Justice Abhay Ahuja, while allowing a writ petition challenging the rejection of petitioner’s application for refund of stamp duty on grounds of limitation, held...

Woman Entitled To Termination Of Pregnancy In Rape Cases, Has Right To Say 'Yes' Or 'No' To Being A Mother: Delhi High Court

The Delhi High Court has observed that denying a woman the right to medical termination of pregnancy in sexual assault cases and imposing the responsibility of motherhood on her, would amount to “denying her the human right to live with dignity” as she has a right in relation to her body including the right to say “yes or no” to being a mother.Observing that section 3(2) of the...

After Adoption Of Swiss Challenge Method, RA Not Allowed To Submit Revised Plan: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Jindal Stainless Ltd. v Mr. Shailendra Ajmera & Anr., has held that after adoption of Swiss Challenge Method to find out the best plan, one Resolution Applicant cannot be...