Showing 1939 articles
Court Calls for Action Against Lawyer Who Forged Rental Documents, Bringing Disrepute to Legal Profession: Madras High Court
In a significant ruling by the High Court of Judicature at Madras, the Court addressed a case involving allegations of misconduct by a lawyer under the Advocates Act, 1961. The writ petition, identified as W.P.No.1006 of 2020, highlighted serious concerns about the professional conduct of an advocate, B.Amarnath, who…
Wife's Extramarital Affair Does Not Necessarily Imply Guilt for Abetting Husband's Suicide Court Quashes FIR Against Woman and Her Partne: Gujarat High Court
In a significant ruling, the Gujarat High Court has quashed the FIR lodged by the mother-in-law of a deceased man, who had accused his wife and her partner of abetting his suicide. The judgment, delivered by Justice Diyesh A Joshi, clarified the standards required to establish abetment under Section 306 of the Indian…
Court Affirms Arbitral Tribunal's Authority Over Evidence in Award Against Railways: Delhi High Court
In a recent judgment, the Delhi High Court addressed the validity of an arbitral award concerning a contract dispute between Railways and Parishudh. The judgment primarily revolves around the issue of a fundamental breach of contract and the interpretation of contractual terms. Case Background The dispute centers on a…
Court Rules That Leave for Research Abroad Should Not Be Considered a Break in Service and Must Count Towards Pension Benefits: Madras High Court
The High Court of Judicature at Madras has delivered a significant judgment regarding the treatment of leave for employment abroad in terms of pension and career advancement benefits. The case in question, W.P.No.10045 of 2023, was brought before the court by R. Rakkiyappan, challenging the decision of Bharathiar…
Mere Suspicion of Flee India is Insufficient for Issuing Look Out Circular: Calcutta High Court
In a landmark decision, the Court addressed the issue of the Look Out Circular (LOC) issued against an individual and its impact on personal liberty and economic interests. The judgment delved into the fundamental rights of individuals, the limitations on freedom of movement, and the judicial review of such coercive…
Applicants Requesting Pandemic Limitation Relief Under Section 34 Petition Cannot Also Seek IBC Moratorium Protection: Calcutta High Court
In a recent judgment delivered on August 20, 2024, by the Hon'ble Justice Sabyasachi Bhattacharyya of the High Court at Calcutta (Commercial Division), the court addressed a significant issue concerning the limitation period for filing an application to set aside an arbitral award under Section 34 of the Arbitration…
No Absolute Rule Prevents Claiming Prescriptive Easement Right of Way Over Paddy Field Ridges; Burden of Proof Rests on Claimant: Kerala HC High Court
In a recent ruling, the Kerala High Court dealt with a significant case under the Indian Easements Act, 1882, particularly concerning the prescriptive easement right of way. The case involved a dispute over a pathway that the plaintiff claimed had been used continuously, thereby granting him a prescriptive easement…
Court Rules Child Retains Indian Citizenship Despite Parents Renouncing It Statelessness Not an Option: Bombay High Court
In a recent judgment dated 28th August 2024, the High Court addressed an important issue under the Citizenship Act, 1955, regarding the jurisdiction of the High Court to decide on matters related to citizenship in election petitions. Case Details: The case concerned an election petition filed under the Representation…
Court Rules State Not a Party to Agreement Cannot File Section 16 Application: Madhya Pradesh High Court
In a significant ruling, the High Court of Madhya Pradesh at Gwalior, led by Acting Chief Justice Sanjeev Sachdeva and Justice Rajendra Kumar Vani, addressed a pivotal arbitration issue involving the State of Madhya Pradesh and T.R.G. Industries Private Limited. Here’s a detailed breakdown of the case: 1. Background…
Section 27 Evidence Act , Admissibility of Discovery of Facts Related to Co-Accused to Prove Conspiracy Charges: Chhattisgarh High Court
In the case of State of Maharashtra v. Damu, the Supreme Court delved into the interpretation of Section 27 of the Evidence Act, particularly focusing on the admissibility of information leading to the discovery of facts. This judgment provides a comprehensive explanation of how such information can be used as…
