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Judgement

Appointment of respondent as an Expert Member of National Green Tribunal upheld, considering the fact that she meets statutory eligibility criteria of experience

Appointment of respondent as an Expert Member of National Green Tribunal upheld, considering the fact that she meets statutory eligibility criteria of experience

Madras High Court recently upheld the appointment of Girja Vaidyanathan as an expert member of the Green Tribunal, for having requisite qualification as prescribed by National Green Tribunals Act, 2010. The appointment of an expert member was challenged on the grounds of not having statutory eligibility criteria to be appointed

Rejection of complaint at pre-cognizance stage does not debar institution of second regular complaint for same incident

Rejection of complaint at pre-cognizance stage does not debar institution of second regular complaint for same incident

On the institution of written complaint regarding commission of a cognizable offence, Magistrate, at pre-cognizance stage, may direct to a concerned police station to register F.I.R. on the basis of facts narrated in the complaint if the commission of cognizable offence, disclosed prima facie and the investigating officer

At time of granting bail in case of offence of dishonour of cheque, condition requiring accused to deposit 20% of cheque amount in Court is erroneous

At time of granting bail in case of offence of dishonour of cheque, condition requiring accused to deposit 20% of cheque amount in Court is erroneous

Accused prosecuted for the offence of cheque dishonour. After the trial, Court took cognizance of the case against him and issued summons to him for his appearance in the Court. As accused refused to receive the summons, a Non-Bailable Warrant (N.B.W.) was issued against him to secure his

Nothing stands in the way of party autonomy, in designating a seat of arbitration outside India, even when both parties happen to be Indian nationals

Nothing stands in the way of party autonomy, in designating a seat of arbitration outside India, even when both parties happen to be Indian nationals

Parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. In the present case four ingredients which is necessary for award to be designated as a foreign award is satisfied because dispute is a commercial dispute under the law

Deceased employed by insured / bus owner but not driving offending vehicle at time of accident, shall be a 'third party' under insurance policy and insurer is liable to compensate his dependents

Deceased employed by insured / bus owner but not driving offending vehicle at time of accident, shall be a 'third party' under insurance policy and insurer is liable to compensate his dependents

In this case the deceased was employed by an insured-bus owner as one of its drivers. He was not assigned to the offending bus as its driver at time of accident. Deceased had reached the bus depot for his duty and while he was standing on the side, he was

The District Magistrate has ample power to refuse grant of NOC for obtaining and storing explosives in the interest of the public

The District Magistrate has ample power to refuse grant of NOC for obtaining and storing explosives in the interest of the public

The Kerala High Court has held that District Magistrate can refuse to grant NOC which is required for storing explosives on the ground that biodiversity in the area would be affected if the project is permitted. The applicant intends to extract granite building stones from land. Kerala State Biodiversity Board

Domestic violence related proceedings initiated by mother against father, based on exaggerated allegations, wherein she has unnecessarily dragged her daughter in the proceeding, quashed

Domestic violence related proceedings initiated by mother against father, based on exaggerated allegations, wherein she has unnecessarily dragged her daughter in the proceeding, quashed

Daughter seeking quashing of proceedings initiated by her mother under Protection of Women from Domestic Violence Act, 2005. A perusal of the application filed by the mother shows that the entire grievance is raised against her own husband i.e. father of the Petitioner. It is only at one place