High Courts
POCSO Courts Must Be Vigilant Where Mother Embroiled In Custody Battle Accuses Father Of Sexually Abusing Child: Kerala High Court
The Kerala High Court has cautioned the POCSO Courts to be vigilant whilst considering allegations of child's sexual abuse levelled by his/her mother against the father, especially when there are ongoing matrimonial and custody disputes between them.In this case, the wife, had accused her husband of sexually harassing their 3-year-old daughter. The couple was also engaged in an ongoing...
Gauhati High Court Directs State To Preserve Bodies Of 'Hmar Militants' Killed In Contentious Encounter By Assam Police
The Gauhati High Court recently directed the State of Assam to expedite the report of chemical analysis and to prepare the final report of the cause of death of three suspected Hmar militants, allegedly killed on July 17 in an extrajudicial execution by Assam Police.The division bench of Justice Kalyan Rai Surana and Justice Soumitra Saikia further directed the State to preserve the dead...
Arbitrators Must Separately Calculate Fees For Claims And Counterclaims In Ad Hoc Arbitration: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has set aside computration of fee by an arbitration on the basis decision in Rail Vikas Nigam Ltd. vs. Simplex Infrastructures Ltd which was later set aside in ONGC Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw (SC) 723. The bench held that in ad hoc arbitration, the arbitrator must calculate fees separately for claims and...
Delhi High Court Passes John Doe Order Directing Removal Of Articles, Posts About Criminal Case Against Acquitted Businessman
Passing a john doe order, the Delhi High Court has recently ordered removal of news articles and social media posts against a businessman on X, formerly Twitter, regarding a criminal case registered against him in 2018 after his honourable acquittal the next year. “This Court is prima facie of the view right to freedom of expression of the press in the present case must give way to the right...
'Unshaken Testimony': Jharkhand High Court Confirms Murder Conviction Despite Trial Court Not Questioning 11-Yr-Old Witness' Competency
The Jharkhand High Court has upheld the conviction of a man for the murder of his wife, despite the trial court's failure to verify the competency of an eleven-year-old child witness. The High Court presided over by the division bench of Justices Ananda Sen and Subhash Chand, noted that Jasmira Khatoon's testimony remained rational and consistent even though the trial court did not evaluate...
[Sabarmati River Pollution] "Everybody Giving Us An Eyewash": Gujarat HC Seeks Personal Affidavit Of Ahmedabad Municipal Commissioner
While hearing a 2021 suo-motu plea concerning pollution of the Sabarmati river, the Gujarat High Court on Monday orally remarked that the authorities involved were acting in a manner which was an “eyewash”– where they were stating that they were working but were in fact doing “nothing”.In an urgent hearing at 2:30 pm, a special division bench of Chief Justice Sunita Agarwal and...
Telangana High Court Upholds Right Of Shia Women To Conduct Prayers In Ibadat Khana, Says Holy Quran Does Not Prohibit It
In a landmark judgment, the Telangana High Court has affirmed the right of women belonging to the Akbhari Sect of Shia Muslims to conduct religious activities in the Ibadat Khana located in Darulshifa, Hyderabad.The ruling came in response to Writ Petition, filed by 'AnjumaneAlavi Shia Imamia Ithna Ashari Akhbari Regd Society' challenging the denial of access to women for conducting...
Can't Quash Rape FIRs Based On Settlement In 'Routine Manner', There Must Be 'Extraordinary Circumstance': Madhya Pradesh High Court
Madhya Pradesh High Court has iterated that a compromise cannot be accepted in rape cases in a 'routine manner' unless 'exceptional circumstances' are made out.The single-judge bench of Justice Prakash Chandra Gupta held that the rape case instituted by a 20-year-old victim couldn't be quashed despite the settlement, even if there was no coercion or fear before reaching a consensus....
Delhi Coaching Centre Deaths: High Court To Hear Tomorrow PIL For High Level Probe Committee
A public interest litigation has been filed in the Delhi High Court seeking constitution of a High Level Committee to probe the recent basement tragedy in city's Rajendra Nagar area wherein three civil services aspirants lost their lives. The three aspirants died in a flooded basement at Rau's IAS coaching centre in Delhi's Old Rajendra Nagar. The plea was mentioned today by Advocate Rudra...
'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned...
Writ Jurisdiction Can't Be Invoked In View Of Arbitration Clause Except For Specific Circumstances: Gauhati High Court
The Gauhati High Court bench of Justice Michael Zothankhuma has held that writ jurisdiction cannot be invoked in the presence of an arbitration clause, except under specific circumstances. The bench observed that the Petitioner did not demonstrate a violation of fundamental rights, principles of natural justice, or that the proceedings were without...
Kerala High Court Weekly Round-Up: July 22 – July 28, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 459 – 479]Case Title: Saheer E.P. v National Investigating Agency, 2024 LiveLaw (Ker) 459xxx v State of Kerala, 2024 LiveLaw (Ker) 460Aboobakkar @ Abu v State of Kerala, 2024 LiveLaw (Ker) 461Saritha K. P. v State of Kerala and Others, 2024 LiveLaw (Ker) 462State of Kerala v Thomas Chacko @Shibu and Connected Matter, 2024 LiveLaw (Ker) 463T...