Migrant Workers: Kerala High Court Seeks Response From Govt About Their Living Conditions, Registration Process In State

The Kerala High Court has sought response from the State Government about the registration process and living conditions of migrant workers in the State.The development comes in a petition seeking consideration of representations submitted before the Secretary of the Labour Department, urging action to identify and register the ingress of migrant workers in the State.The Division Bench...

To 'Understand Their Situation', Gujarat High Court Directs Amicus, Independent Lawyer To Directly Engage With Morbi Bridge Tragedy Victims

The Gujarat High Court on Tuesday directed the amicus curiae appointed in the Morbi Bridge case, along with an independent lawyer, to engage directly with the victims of the tragedy.A division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi said, "The amicus, along with another lawyer, will visit them, understand their situation, and prepare a detailed report."On...

Writ Plea Against Advocate General's Refusal To Grant Nod For Criminal Contempt Proceedings Isn't Maintainable: Allahabad HC

The Allahabad High Court has said that a writ plea challenging the Advocate General's refusal to grant permission for initiating criminal contempt proceedings is non-maintainable. A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed this while referring to the Supreme Court's order in P.N. Duda v. P. Shiv Shanker and Others, 1988, wherein it was held that in cases of refusal...

Right To Speedy Trial Cannot Be Taken Away Citing Heinousness Of Crime: Rajasthan High Court Releases Murder Accused After 3 Years

Rajasthan High Court recently granted bail to an accused charged for murder on the grounds of protracted trial. The court observed that right to have a speedy trial was guaranteed by the Constitution of India and it could not be taken away from the accused for the reason of seriousness or heinousness of the crime. It is imperative for the prosecution to adduce evidence at the...

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

While deciding a POCSO case, the Patna High Court on Tuesday (July 23) reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act. The Court said that irrespective of the fact that there exists a presumption against the accused,...

Courts Can't Undertake Independent Assessment Of Award In Appeal U/s 37 Of Arbitration Act: Delhi High Court

The Delhi High Court division bench of Justice Yashwant Varma and Justice Dharmesh Sharma reiterated that while entertaining an arbitration appeal under Section 37 of the Arbitration Act, the role of a court is limited to ascertaining whether the exercise of power under Section 34 has exceeded the scope of the provision. In such cases, the High Court held that courts cannot undertake...

Disputed Contract, Can't Be Challenged U/s 34 Of Arbitration Act Unless finding are Unreasonable: Delhi High Court

The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that the interpretation of a disputed contract falls within the arbitral tribunal's domain and is not subject to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 unless the interpretation is unreasonable. Brief Facts: Noble Chartering Inc. (“Noble”), a...

Appear In-Person With 'Detenue': Allahabad HC Summons Panipat (Haryana) SP, SHO Over Failure To Trace Missing 13 Y/O Boy

The Allahabad High Court on Monday directed the Superintendent of Police, Panipat (Haryana), and the Station House Officer [Police Station-Chandni Bagh in Panipat] to appear in person before the Court on August 5, along with a missing 13-year-old boy. The directive was issued by a bench of Justice Shamim Ahmed while hearing a habeas corpus petition filed by one Veena Devi, the...

Karnataka HC Stays Probe Against ED Officers Accused Of Coercing Witness To Name CM Siddaramaiah In Valmiki Corporation Case

The Karnataka High Court on Tuesday stayed further investigation against two Enforcement Directorate officers, who are investigating the Valmiki Corporation case and are alleged of coercing a witness in the case to make a incriminating statement against the Chief Minister Siddaramaiah and others in the case.A single judge bench of Justice M Nagaprasann by way of interim relief stayed...

'Rohan Builders' Not Binding Precedent, Court Empowered To Extend Arbitrator's Mandate Even If Section 29-A Petition Filed After Termination: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the court is empowered the court is empowered to extend an arbitrator's mandate even if a petition under Section 29-A of the Arbitration and Conciliation Act, 1996, is filed after the termination of the mandate. Justice Bhattacharyya clarified that the absence of negative expressions in Section 29-A,...

Act of God Does Not Justify Retention Of Performance Bank Guarantee Without Suffering Legal Injury: Delhi High Court

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Amit Bansal has held that a force majeure event specifically an Act of God beyond the control of the concerned party doesn't require retention of performance bank guarantee. The bench held that a party cannot retain monies recovered through encashment of Performance Bank Guarantee on account of liquidated damages...

[NH 66-Uttara Kannada Landslide] Bodies Of 7 Out Of 10 Missing Persons Recovered, Search Ongoing To Find Others: Union Govt Tells Karnataka High Court

The Union of India has informed the Karnataka High Court that out of 10 people missing, bodies of 7 persons have been recovered and joint operations are still under progress to find others who suffered due to a landslide which occurred on July 16, on National Highway 66 in Uttara Kannada district, following heavy rainfall. Deputy Solicitor General H Shanthi Bhushan filed a status...