Cross-Examination By Enquiry Officer For Clarifications From Witness Does Not Vitiate Enquiry Proceedings : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, held that an Enquiry Officer can do Cross-Examination and seek clarifications from witnesses during enquiry proceedings and it would not render the enquiry proceedings void. Background Facts The petitioner was working as Constable in the Chhattisgarh...

'Not In Best Interest Of Education': Kerala High Court Expresses Concern Over 12 Varsities Functioning Without Regular Vice-Chancellor

The Kerala High Court expressed concern over the fact that 12 out of 13 Universities in the State having the Governor as the Chancellor, are functioning without a regular Vice-Chancellor. The Court while saying that this might be due to the disagreement between the members of the Senate and the Chancellor, opined that this was not in the best interest of the higher education.A division bench...

Party That Unilaterally Appointed Arbitrator Not Barred From Challenging Appointment U/S 12(5) Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Tejas Karia and Justice Vibhu Bakhru has held that a party that unilaterally appoints an arbitrator is not prohibited from challenging the award on the ground that it violates Section 12(5) read with the Seventh Schedule of the Arbitration Act. Mere exercise of the power to make such an appointment does not constitute an express written waiver...

AP High Court Permits Trust Managing Temple Located Over Disputed Land To Conduct Navratri Festivities

The Andhra Pradesh High Court has granted permission to a trust which manages Sri Aadi Varahi Shakti Temple (petitioner) located in Tiruchanur near Tirupati, to conduct the Aashada Gupta Varaahi Navaratrulu–nine day Navratri festival–from June 26 to July 5.In an order passed on June 16 the petitioner, along with one Y Gangi Reddy (Respondent 7)- with whom the petitioner was involved in a...

Plaint Can't Be Rejected Under O.VII R.11 Of CPC Due To Arbitration Clause Unless Application U/S 8 Of A&C Act Is Filed: Delhi High Court

The Delhi High Court bench of Justice Ravinder Dudeja has held that if a proper application is filed under Section 8 of the Arbitration and Conciliation Act, 1996, the Court must refer the parties to arbitration and may reject the plaint under Order VII Rule 11(d) of the Civil Procedure Code, 1908 (CPC) as barred by law. However, if no such application is filed and no prayer is made...

S.245C Income Tax Act Does Not Require Prior Cut-Off Date, Pending S.153A/153C Notice Sufficient For Settlement Application: Kerala HC

The Kerala High Court stated that Section 245C of Income Tax Act does not require prior cut-off date; pending 153A/153C notice sufficient for settlement application. Justices A.K. Jayasankaran Nambiar and P.M. Manoj opined that “when Section 245C does not prescribe any prior cut-off date for an assessee to satisfy the requirements for filing an application before the Interim Board...

Delhi High Court Grants 90 Days Interim Bail To Woman Booked Under POCSO Act To Care For Her Newborn

The Delhi High Court has ordered an interim release of a woman, languishing in jail for about six months in connection with a POCSO case, to enable her to take care of her new born child.The woman was arrested on December 12 last year. She was expecting at the time and delivered a boy child in custody, on May 12.Meanwhile, chargesheet came to be filed against her alleging offences under...

Commercial Courts Act Applies On Immovable Properties 'Actually & Exclusively Used' For Trade & Commerce: MP High Court

The Madhya Pradesh High Court has clarified that for a dispute to fall within the jurisdiction of the Commercial Courts Act, 2015 the immovable property in question must be "actually used" and "exclusively used" for the purpose of trade and commerce.The bench of Justice G.S. Ahluwalia held:Thus, a dispute relating to immovable property per se may not be a commercial dispute. But it becomes...

'Decalcified Fish Scale' Import Covered Under Advance Authorisation Scheme; Customs Cannot Deny Benefit: Kerala High Court

The Kerala High Court stated that 'decalcified fish scale' import covered under advance authorization scheme; customs cannot deny benefit. The advance authorization scheme enables duty free import of inputs/raw materials required for manufacture of export goods. Justices A.K. Jayasankaran Nambiar and P.M. Manoj observed that during the period subsequent to the period covered by...

Madras High Court Denies Anticipatory Bail To MLA Poovai Jaganmoorthy In Alleged Abduction Case

The Madras High Court has dismissed the anticipatory bail petition filed by the KV Kuppam MLA "Poovai" Jagan Moorthy in connection with the alleged abduction of a minor boy. Justice G Jayachandran dismissed the bail plea filed by the MLA, noting that there was "prima facie" material to proceed against him. The MLA had approached the court apprehending arrest in connection with...

NGOs Shouldn't Be Looked At With Suspicion Just Because They Receive Foreign Aid: Madras High Court

The Madras High Court has held that merely because an NGO was running with the aid of foreign contribution, it should not be looked at with suspicion unless there is material to show that the foreign contribution has been misused. Justice Anand Venkatesh held that unless there was a serious violation of the foreign funds, the authorities should have an open mind while dealing with...

Every Individual Has Fundamental Right To Career Progression, Resignation Or Request For NOC Can't Be Denied Arbitrarily : Himachal Pradesh HC

The Himachal Pradesh High Court bench comprising of Justice Jyotsna Rewal Dua held that an unwilling employee cannot be compelled to continue in service merely on the ground of staff shortage; every individual has a fundamental right to career progression, and resignation or request for NOC cannot be denied arbitrarily, especially when applicant is willing to serve the State as a...