News Updates
Bombay High Court Concerned Over Unclean Toilets In State-Run Schools, Asks DLSAs To Conduct Surprise Inspection
Unhappy with the Maharashtra Government's response on unhygienic conditions in toilets for young girls in state-government aided schools, the Bombay High Court on Monday said it will direct officers from the district legal service authorities to conduct surprise visits in these schools. "What do they think of us? Are we little kids? Why has this been issued two days back. Our last...
Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. Justice S Vaidyanathan and Justice AD Jagdish Chandira took note of the judicial...
Contractual Employee Has Not "Legitimate Expectation" To Continue Service Beyond Contractual Tenure: Tripura High Court
The Tripura High Court recently observed that a person engaged in contractual service cannot be said to have a "legitimate expectation" regarding extension of services beyond the contractual tenure or to continue in service despite expiry of contract period.The observation came from Justice T. Amarnath Goud: "In so far as the continuity of service beyond 30.06.2020 is concern, it is...
Can't Use Article 226 As An "Arm Twisting Technique" To Settle Private Civil Disputes Without Exhausting Statutory Remedies: Tripura High Court
The Tripura High Court recently rejected a writ petition filed by a person without exhausting alternative remedies, and observed that they can't use Article 226 writ jurisdiction to arm twist the respondents. The observation came from Justice Amarnath Goud: "When the petitioner can always agitate his legal rights and seek appropriate relief before the Civil Court, adopting this...
Delay In Filing Appeal U/S 18 Of POSH Act Can Be Condoned U/S 5 Limitation Act: Delhi High Court
The Delhi High Court has observed that under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act/ SHW Act), a victim's delay in filing appeal against the inquiry report can be condoned if such a delay is properly explained. Justice C Hari Shankar added that sec. 5 of the Limitation Act (which provides for extension of prescribed period...
Delhi Riots Accused Khalid Saifi Moves Court Seeking Treatment After Falling Sick Inside Jail, Medical Report Called
United Against Hate member Khalid Saifi, presently under judicial custody in a larger conspiracy case into the 2020 Delhi riots, has moved a city Court seeking urgent relief of medical treatment, after falling sick inside Jail. Saifi has moved an application before Additional Sessions Judge Amitabh Rawat, seized of the trial, for medical tests and treatment. The Court was informed that Saifi...
'Not Enough Place To Sleep In Prison': Thane Central Jail Opposes Inmate's Plea In Mumbai Court To Provide Cot & Mattress
A report from Thane Central Prison in Maharashtra recently highlighted the pitiable condition its inmates lived in with no place to even sleep, many inmates having attempted suicide. Based on the report, a special court refused relief to Nationalist Congress Party (NCP) leader Ramesh Kadam imprisoned in an anti-corruption case. Kadam was seeking a cot, mattress and pillow citing a...
All High Courts Weekly Round Up: 18 July 2022 - 24 July 2022
Allahabad High Court NOMINAL INDEX Mamta And Another v. State Of U.P. Thru. Prin. Secy. Home And Others 2022 LiveLaw (AB) 324 Manish Yadav v. State of U.P 2022 LiveLaw (AB) 325 Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 326 Oyas @ Avesh v. State of U.P 2022 LiveLaw (AB) 327 Farha Faiz v. State Of U.P. And 3...
When The Main Relief Is Rejected By The Arbitral Tribunal, Which Included Interim Relief ,The Interim Relief Granted In Isolation Is Incorrect: Delhi High Court
The Delhi High Court has ruled that when the main relief claimed by the claimant has been rejected by the Arbitral Tribunal, the Arbitral Tribunal cannot award an interim or ancillary amount, which is included under the same claim, in favour of the claimant. The Single Bench of Justice Sanjeev Narula held that when the main relief is rejected by the Arbitral Tribunal, axiomatically,...
Sections 15 And 16 Of The MSMED Act Are Mandatory Provisions, Arbitrator Must Assign Reasons For Not Awarding Compound Interest: Delhi High Court
The High Court of Delhi has affirmed the order of the lower Court by which it had set aside an arbitral award for not awarding interest in terms of Sections 15 and 16 which are mandatory provisions of the MSMED Act. The bench of Justice Vibhu Bakhru and Justice Amit Mahajan held that once the arbitrator has held that MSMED Act applies to the dispute between the parties, it must...
Arbitration Clause Can Be Invoked Against Disputes Under Another Agreement, If Both Agreements Form One Composite Transaction: Karnataka High Court
The Karnataka High Court has ruled that a party can invoke the Arbitration Clause contained in an agreement with respect to the disputes arising with a third party under another agreement, if both the agreements refer to each other and form one composite transaction. The Single Bench of Justice Suraj Govindaraj held that where one of the necessary parties was not issued a legal notice,...