claim to be made and petition under Section 11 Arbitration Act
Case BriefsHigh Courts

“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”

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1991 UP Vidhan Sabha Ruckus Case
Case BriefsHigh Courts

“It is expected that the committee constituted by the State would come up with effective solution to weed out the futile litigations pending across the State so that the efficiency with which the judiciary should function is restored and the deadwood is chiselled off from the overgrowing dockets of the District Courts.”

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Metro Cable Theft
Case BriefsHigh Courts

“The offence alleged to have been committed by the applicant herein has multifarious effects on the Society at large, more so, since the applicant has put the life and limb of one and all in utter danger.”

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illegal streaming of ICC cricket matches
Case BriefsHigh Courts

Delay in blocking access to rogue platforms would result in irreparable breach of JioStar India’s exclusive broadcast rights and revenue loss.

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execution petitions jurisdiction
Case BriefsHigh Courts

“There can never be any threshold bar to a party filing a matter before the Registry of a Court.”

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Indian Pickleball Association (1)
Case BriefsHigh Courts

“The Sports Code is policy-driven and cannot be applied mechanically. The adoption of a “one size fits all” approach would be an anathema to the objective and purport of the Sports Code, particularly in the context of nascent and emerging sports”.

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Orissa High Court expunges affidavit against Advocate General
Case BriefsHigh Courts

“The trust of the people upon this institution should not be believed by encouraging wild litigants to make scurrilous remarks against constitutional functionaries in defiance of the Courts’ orders.”

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storing medicines not manufacturing process
Case BriefsHigh Courts

“The act of preserving or storing is preceded by ‘process for’ preserving or storing any articles in cold storage and it is the process for preserving or storing which amounts to manufacturing process and not the mere act of preserving or storing.”

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FIR HIV blood transfusion
Case BriefsHigh Courts

“There cannot be any cavil with the legal proposition that the police is under the statutory duty to lodge FIR when the complaint discloses a cognizable offence.”

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enforcement of judicial orders
Case BriefsHigh Courts

“The extraordinary delay of 13 years indicates the deficiencies in the post-conviction/bail follow up and lack of coordination amongst the Trial Court, Jail Administration and the Police. It portrays a serious systemic failure in ensuring enforcement of judicial orders. Such like episodes corrode the credibility of the Criminal Justice System.”

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ban on caste-based election rallies
Case BriefsHigh Courts

“Provision for banning of caste based political rallies and preventing them is very much in place, whether it be during the election process or not. The only thing which remains is the will to implement the provisions effectively without any bias or favour.”

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Anwar Kadri
Case BriefsHigh Courts

Considering his criminal antecedents, the Court directed Anwar Kadri to mark his presence before the police station concerned on every Sunday between 12:00 Noon and 04:00 PM till the conclusion of the trial.

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rape victim character assassination
Case BriefsHigh Courts

“Any attempt to portray a woman as being of “easy virtue” or to cast aspersions on her moral character is wholly irrelevant and expressly barred under Section 53A and the proviso to Section 146 of the Evidence Act, 1872.”

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writ maintainability against private unaided school
Case BriefsHigh Courts

“The rights arising in favour of candidates participating in the selection process are private rights, which cannot be enforced against an institution that is neither a State nor an instrumentality of the State by way of a writ petition.”

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missing persons cases
Case BriefsHigh Courts

“The said data is shocking, and we are aghast at the attitude of the authorities in addressing the complaints pertaining to missing persons, which obviously requires a sense of urgency on the part of the authorities.”

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court rejects plea for late document submission
Case BriefsHigh Courts

Advertisement creates a statutory obligation on the candidates which are deemed to have been accepted in toto, the moment they participate in the selection process, and the Court cannot dilute these obligations by interpretation or by granting relief outside the scope of the provisions of recruitment.

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two-child norm disqualification
Case BriefsHigh Courts

“The proviso was introduced by way of amendment effective from 18-04-1994, whereas the appellant’s third child was born on 11-03-1993 and the fourth on 06-11-1994, thus, the case is one of Textbook for attracting the disqualification clause, the protective proviso remaining miles away.”

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645-day delay not condonable
Case BriefsHigh Courts

“The attempt was not made within the limitation period provided under the Limitation Act, but almost after 1 year from the date of the impugned judgment and much after the expiry of limitation period.”

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teachers appointed through fake or forged documents
Case BriefsHigh Courts

“The inaction on the part of the authorities not only perpetuates fraud, but also strikes at the very root of the education system, causing grave prejudice to the interest of students, which is of paramount and overriding consideration for this Court.”

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MCD survey near heritage properties
Case BriefsHigh Courts

The petitioners argued that in several cases, while approving the building plan, the MCD ignored the relevant building bye-laws as well as the advice tendered by the Heritage Conservation Committee.

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