High Courts
Sakha Activities, Mass Drills, Weaponry Training Are Prohibited In Temple Premises: Travancore Devaswom Board To Kerala High Court
An affidavit has been filed before the Kerala High Court stating that despite the issuance of notices to RSS members and the filing of complaints with the police, the sakha activities continue to take place at the Rakthakanda Swamy Temple in Omallur, Pathanamthitta district. The Secretary of the Travancore Devaswom Board submitted the counter affidavit on behalf of both the Devaswom...
Delhi High Court Weekly Round-Up: September 09 To September 15, 2024
Citations 2024 LiveLaw (Del) 983 to 2024 LiveLaw (Del) 1016NOMINAL INDEXThe Impresario Entertainment & Hospitality Pvt. Ltd. vs. Star Hospitality 2024 LiveLaw (Del) 983 Sameer Mahendru v. ED and other connected matter 2024 LiveLaw (Del) 984 Somnath Bharti v. Bansuri Swaraj and Others 2024 LiveLaw (Del) 985 Anand Gupta & Anr. Vs M/S. Almond Infrabuild Private Limited & Anr....
[Actress Assault Case] Kerala High Court Declines To Quash Case Against Publisher, Chief Editor Of Newspaper For Disclosing Details Of Sexual Offence Victim
The Kerala High Court declined to quash proceedings under Section 228A of the IPC against the Printer and Publisher and Chief editor of Rashtra Deepika Publications, Kottayam for disclosing the details of victim in 2017 actress assault case. Justice A. Badharudeen ordered that a prima facie offence was made out against the petitioners and dismissed the case.“In this matter, the 1st accused...
MSME Act Doesn't Bar Independent Arbitration Under Arbitration And Conciliation Act Based On Agreement Clause: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that Section 18 of the MSME Act does not create any substantive rights or liabilities but simply offers an alternative method for resolving disputes outside of court proceedings. The bench held that if a party involved in a dispute chooses to pursue arbitration independently under the Arbitration and...
Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation (SMC) Corporator Aqib Ahmad Renzu.The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. The court further emphasized that preventive detention laws cannot be used...
Child Of Tender Age Has Fundamental Right To Love Of Both Parents: Punjab & Haryana HC Directs Father To Handover Infant To Mother, Grants Visitation
The Punjab and Haryana High Court directed a father to handover custody of 8-month-old child to the mother and allowed visitation rights to his father, observing that, " child's welfare and best interest also includes ensuring that the child is not deprived of the affection and company of the father."Justice Kirti Singh said, "When the parents are in conflict, the child's well-being should...
Transgender Persons Cannot Invoke Section 69 Of BNS In False Promise Of Marriage Cases: Himachal Pradesh High Court
Clarifying the limitations of Section 69 of Bharatiya Nyaya Sanhita (BNS) 2023, particularly in cases involving transgender individuals the Himachal Pradesh High Court has clarified that a transgender cannot invoke Section 69 of the which penalizes sexual intercourse on a false promise of marriage.While explaining the actual mandate of Sec 69 and confirming the interim bail of an accused...
Awaiting Clearance From Pakistan Govt Regarding Identity Of 24 Prisoners For Repatriation: Centre To Punjab & Haryana High Court
The Union Government has informed the Punjab & Haryana High Court that it is awaiting clearance from the Pakistan Government regarding identity of 24 prisoners for repatriation to their homeland, as they are allegedly languishing in jails despite acquittal.Earlier, it was submitted by the Centre that the repatriation of 6 Pakistani civil prisoners out of 30, is likely to take place on July...
Lok Adalat Can Only Dispose Of Settled Cases, If Settlement Does Not Happen Case To Be Sent Back To Court For Disposal: Gujarat High Court
While allowing a plea against a trial court order which in its Lok Adalat jurisdiction had dismissed a cheque bouncing complaint on account of non-prosecution, the Gujarat High Court observed that the work of a Lok Adalat is only to dispose of matters which have been settled between the parties. In the absence of such a settlement, the matter is to be referred back to the court for disposal,...
Delhi High Court Monthly Digest: August 2024 [Citations 863 - 955]
Citations 2024 LiveLaw (Del) 863 to 2024 LiveLaw (Del) 955NOMINAL INDEXVANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR. 2024 LiveLaw (Del) 863ANASTASIIA PIVTSAEVA & ANR. v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 864COURT ON ITS OWN MOTION v. STATE 2024 LiveLaw (Del) 865MR CHIRAGUDDIN v. STATE GOVT. OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 866Mitsubishi Corporation Versus...
Arbitrator Justified In Treating Loan Admission In Correspondence As Admitted Claim Under Order XII Rule 6 CPC: Delhi High Court
The Delhi High Court bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela has held that when a party makes a clear admission of owing a loan in its contemporaneous correspondence, the arbitrator is justified in treating it as an admitted claim under Order XII Rule 6 of the CPC. The bench noted that the purpose of this rule is to allow a party to secure a...
Composite Reference Can't Be Made Of Disparate Causes Of Action: Calcutta High Court
The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that composite reference to an Arbitral Tribunal cannot be made for disparate causes of action in different agreements with different parties as it contravenes the principles of privity, confidentiality, and party autonomy. Background: The Petitioner, the Secretary of Ganaudyog Bazar Unnayan...