OTHERS
Public Servant's Financial Affairs Exempted From Disclosure Under RTI, Unless Justified By Overriding Public Interest: Karnataka High Court
The Karnataka High Court dismissed an RTI applicant's plea seeking disclosure of assets and liability statement of a public servant, former Deputy Controller of State Road Transport Corporation (KSRTC), observing that the information sought was personal unconnected to any public interest hence protected under Section 8(1) (j) RTI Act. It observed that official acts, decisions, utilization...
Mere Pendency Of Criminal Case No Bar For Renewal Of Passport: AP High Court
Directing the directed passport authorities to consider a teenager's passport application–booked in a criminal case where cognizance had not been taken, the Andhra Pradesh High Court said that mere pendency of a criminal case is not a bar for renewing the passport. The petitioner-16-year-old boy, made an application before regional passport officer for the issuance of a passport. A...
'Average Pendency Of 6 Yrs In MACTs' : Supreme Court Issues Directions To Expedite Motor Accident Compensation Claims
The Court observed that long pendency derailed the grant of 'just compensation' to accident victims.
'Homemakers Are Nation Builders' : Supreme Court Quantifies Homemaker Contribution As Rs 30K Per Month In Motor Accident Claims
The Court recognized 'loss of domestic care' as an additional ground for compensation in motor accident claims.
Local Commissioner's Report Can Form Basis Of Decree In Trademark Infringement Suit: Delhi Commercial Court
The Commercial Court at Saket, New Delhi, has decreed a trademark and copyright infringement suit filed by Luxottica Group S.P.A., proprietor of the globally renowned RAY-BAN brand, against traders found dealing in counterfeit eyewear bearing the identical mark.The Court noted that the plaintiff had established its statutory and common law rights in the RAY-BAN trademark through extensive registrations, longstanding use, and substantial goodwill and reputation associated with the mark.The Court...
Force Majeure Must Be Proved By Cogent Evidence, Not Mere Newspaper Reports: Delhi Commercial Court Refuses To Set Aside Arbitral Award
A Delhi Commercial Court has refused to set aside an arbitral award rejecting claims founded on force majeure, holding that the existence of force majeure conditions must be established through cogent evidence and cannot be proved merely by relying on newspaper reports.The Court observed that newspaper clippings, in the absence of supporting evidence, constitute hearsay and are insufficient to establish facts forming the basis of a force majeure claim.The District Judge (Commercial Court)-01,...
Specific Relief Act | Buyer's Delay In Issuing Legal Notice To Seller Not Ground To Deny Specific Performance : Supreme Court
The Court held that when a suit seeking specific performance of an agreement to sell is filed within the limitation, any delay in issuing a legal notice is irrelevant to the denial of relief.
'Against Karnataka Industrial Area Development Act': High Court Sets Aside Land Acquisition, Says It Was Done For Private Entity's Expansion
HC: Nothing but Fraud committed on statute by authorities to divest Landowners from their holdings for a Pittance in favour of Private Entity
Even In Absence Of Express Provision In Notice Inviting Tender, State Retains Inherent Power To Blacklist Contractor: Patna HC
The Patna High Court has upheld an order passed by the South Bihar Power Distribution Company Limited (SBPDCL) blacklisting a contractor for three years and terminating contracts relating to construction of power substations, holding that the State and its instrumentalities possess inherent executive power to blacklist contractors even in absence of an express contractual provision.A...
Land Revenue Act | Revisional Powers U/S 15 Must Be Exercised Within Reasonable Time; Unexplained 20-Year Delay Impermissible: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has quashed an order passed by the Financial Commissioner (Revenue) setting aside a mutation attested in the year 2004, holding that the revision petition filed in 2021 after a lapse of nearly twenty years was barred by unreasonable delay.Expounding on the mandate of Section 15 of the Land Revenue Act the Court reiterated that revisional...
Special Marriage Act | 1-Year Waiting Period For Filing Divorce Plea Can Be Waived In Cases Of 'Exceptional Hardship': Delhi High Court
The Delhi High Court has held that the statutory one-year waiting period for filing a divorce petition under the Special Marriage Act, 1954, can be waived in exceptional circumstances where continuation of the marriage would only prolong the parties' hardship.A Division Bench comprising Justice Vivek Chaudhary and Justice Renu Bhatnagar allowed an appeal filed by a husband challenging a...