Tolling Agreement: A Breather Before Battle

“Controversies are limited to a fixed period of time lest they should be immortal while men are mortal” John VoetWhat Is Statute Of LimitationThe Statute of Limitation is a statute of repose, consisting of a set of principles that rests on public policy that prescribes the time limit for enforcing one's rights. It prevents resurrection of claims that have become dormant due to the negligence of the party. In simple words, statute of limitation stipulates the time limit for the...

Short Intervals Forcing State Buses To Overspeed, Delay In Revising Timetable Despite Orders 'Deliberate Act Of Contempt': Kerala High Court

The Kerala High Court underscored the urgent need to regulate State-bus timings, directing the Regional Transport Authority (RTA) to take immediate steps to ensure safer urban mobility.Justice Amit Rawal, was considering petitions filed by autorickshaw drivers seeking permission to operate freely in Kochi and Perumbavoor.In its earlier order dated August 8, the Court had expressed...

Punjab & Haryana High Court Stays Appointment Of Bhakra Beas Management Board's Secretary

The Punjab and Haryana High Court has stayed the appointment of the Secretary of the Bhakra Beas Management Board (BBMB) till the next hearing, while issuing notice to the Board and other authorities.Justice Sandeep Moudgil was hearing a plea filed by the Superintending Engineers in Punjab's Water Resource department, alleging that the application that called for the post of...

Wedding Gifts Can't Be Automatically Treated As 'Unexplained Income' Without Evidence: ITAT

The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has stated that wedding gifts can't be automatically treated as unexplained income without evidence. Dr. BRR Kumar (Vice President) and Siddhartha Nautiyal (Judicial Member) stated that the fact that marriage gifts were received prior to the date of marriage itself could not lead to the conclusion that the same are not...

Karnataka High Court To Hear Vijay Mallya's Plea Seeking Information On Kingfisher Debt Recovery In September

The Karnataka High Court on (Friday) listed in September pleas by fugitive liquor baron Vijay Mallya and Director of United Breweries Holdings Limited (in liquidation) Daljit Mahal, seeking a direction to the concerned Banks to provide a statement of accounts on the amounts owed by him, UBHL and other certificate debtors.The plea seeks that information be provided by taking into account...

MHADA Seeks Urgent Hearing Of Plea In Supreme Court On Demolition Of Dilapidated Buildings

The Maharashtra Housing and Area Development Authority (MHADA) has sought urgent hearing before the Supreme Court of pleas challenging the Bombay High Court judgment which directed constitution of a high-level committee to examine issuance of 935 notices under Section 79-A of the MHAD Act.The matter was mentioned today before a bench of Justices Surya Kant, Joymalya Bagchi and Vipul M Pancholi...

Habeas Corpus Plea Not Substitute To Custody Proceeding Available Under Guardianship Act: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that a habeas corpus petition cannot serve as a substitute for custody proceedings under the guardianship laws like Hindu Minority and Guardianship Act. It clarified that High Court can intervene only when it is clear case of illegality.Justice Sumeet Goel said,"The High Court's jurisdiction to issue a writ of Habeas Corpus in minor child...

Chhattisgarh High Court Initiates Suo Moto Case Over Railway's Refusal To Fund Treatment Of Electrocuted Contract Worker "Battling For Life"

The Chhattisgarh High Court has taken suo-motu cognisance of Railway Department's refusal to the fund the treatment of a young contract worker "battling for his life" after coming in contact with an Overhead Equipment (OHE) while repairing a leakage at the Railway Coaching Depot.While the Railway officials were reported to have attempted to "distance themselves" from the responsibility,...

Govt Employee's Transfer Is Not Vitiated Merely Due To Being Made Upon Recommendation By MLA: Karnataka High Court

The Karnataka High Court has said that the transfer of a government employee would not be vitiated for being made solely at the instance or recommendation of a Member of Legislative Assembly (MLA).A division bench of Justice S G Pandit and Justice K V Aravind said thus while dismissing the petition filed by S Venkateshappa, a Tashildar, challenging the order of the Karnataka...

Fatigue-Detection Cameras, Police Verification: Kerala High Court Upholds Mandatory Safety Measures For Public Transport Operators

The Kerala High Court has upheld the State Transport Authority's (STA) decision mandating installation of surveillance cameras with fatigue-detection sensors, geo-fencing technology, and compulsory production of Police Clearance Certificates(PCCs) for transport personnel.Justice Mohammed Nias C P, delivered the judgment dismissing a batch of writ petitions petitions filed by stage...

'Practice Seriously Deprecated': Allahabad HC Takes Exception To Advocate Addressing Court Sans Filing Vakalatnama Or Authority Letter

The Allahabad High Court recently took strong objection to an advocate addressing the Court without any Vakalatnama or authority letter from the client, observing that such a practice is 'detrimental' to the litigants on behalf of whom such an advocate is appearing. A Division Bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi deprecated this practice while...

Supreme Court Issues Notice To Union & BCI On Plea To Bring Bar Councils Under POSH Act For Women Advocates

A PIL has been filed in the Supreme Court seeking declaration that the protections under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 extend to women advocates who are registered with State Bar Councils and practicing before courts.The petition also seeks directions to Bar Councils and Bar Associations to constitute Internal Committees to hear...