All High Courts
Courts Must Refrain From Interim Orders Once Arbitral Tribunal Is Constituted Unless Urgency Demands: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that once an Arbitral Tribunal is in place, ordinarily a court should refrain from dealing with the matter even for the purposes of passing interlocutory orders unless the order is demonstrably one which cannot await the application of mind by the Arbitral Tribunal. The bench held that: “. If party is able to convince...
Rape Committed In Oman But Genesis Of Crime In India? Kerala High Court Says Centre's Sanction U/S 188 CrPC Not Required For Trial
The Kerala High Court has directed the Trial Court to proceed with the trial against the petitioner who allegedly cheated, defrauded and had forceful sexual intercourse with a woman after taking her to Muscat, Oman by offering her a job at his house.The Court referred to the Apex Court judgment in Sartaj Khan v. State of Uttarakhand (2022), wherein it was laid down that there was no necessity...
Touching Female Students Inappropriately On Back & Neck, Making Comments About Their Dress Will Attract S. 7 POCSO Act: HP High Court
The Himachal Pradesh High Court has observed that a teacher's inappropriate physical contact with female students, along with comments about their attire, would constitute an offence under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act 2012, which punishes acts of 'Sexual assault'. A bench of Justice Rakesh Kainthla noted that the physical contact made by...
Delhi High Court Reserves Order On Arvind Kejriwal's Plea For Additional VC Meetings With Lawyers
The Delhi High Court on Thursday reserved order on a plea moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the alleged liquor policy scam, for granting two additional meetings with his lawyers through virtual conferencing. Justice Neena Bansal Krishna said that the order will be pronounced in the chamber. Special counsel Zoheb Hossain appearing for the...
Delhi High Court Issues Notice On Plea To Reserve 33% Seats For Women Lawyers In Lawyers' Bodies Elections
The Delhi High Court on Thursday issued notice on a plea seeking reservation of 33% of seats for women lawyers in the elections of Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and All District Bar Associations in the national capital.A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela sought response of the lawyers bodies and listed...
Disputes Predominantly Civil But Involving Elements Of Criminality Not Automatically Excluded From Arbitration: Jammu and Kashmir High Court
The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh has held that a dispute predominantly civil but involving elements of criminality is not automatically excluded from arbitration. The bench noted that unless there is a specific allegation of the parties engaging in an agreement amounting to criminal conspiracy, there should be no blanket prohibition...
Kerala HC Directs Family Court To Conduct Joint Trial Of Plea To Recover Past Maintenance And Miscellaneous Case Claiming Future Maintenance
The Kerala High Court has directed a Family Court to conduct joint trial of an Original Petition (OP) and Miscellaneous Case (MC) filed under Section 125 of CrPC seeking maintenance.The petitioner/husband had approached the High Court against the dismissal of his joint trial application of an OP and MC by the Family Court. The Division Bench comprising Justice Devan Ramachandran and Justice...
Person Facing Criminal Cases Doesn't Need Court's Nod For Passport Issuance; Permission Required In Case Of Foreign Travel: Allahabad HC
Last month, the Allahabad High Court observed that under the Indian Passport Act 1967, a person seeking the issuance of a passport is not required to obtain prior permission from the competent court, even if such a person is facing criminal charges. A Bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal explained that under the 1967 Act, the passport authority has to...
Arbitral Award In Violation Of Contractual Bar Is Patently Illegal: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an arbitral award in violation of a bar contained in the contract is beyond the arbitrator's jurisdiction. The bench held that such an award categorically vitiated under Section 34(2)(a)(iv) of the Arbitration and Conciliation Act, 1996, as well as by patent illegality as envisaged in Sub-section...
Availability Of Civil Remedy No Grounds To Disallow Continuation Of Criminal Proceedings, Both Remedies Are Co-Extensive: Rajasthan HC
The Rajasthan High Court has ruled that the availability of a civil remedy does not preclude setting of criminal proceedings in motion. It was held that the two remedies are not mutually exclusive but co-extensive having different content and consequences. It held:“It is an anathema to suppose that when a civil remedy is available, a criminal prosecution is completely barred. The two types...
Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court
The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape.A single judge bench of Justice M Nagaprasanna allowed the petition filed by a man and quashed the case registered for offences punishable under sections 376 and 417 of the Indian Penal Code. The court said, “The duration...
Gujarat High Court Permits 15-Yrs Old Mentally Challenged Tribal Girl To Terminate 27-Week Pregnancy
The Gujarat High Court has granted permission for the termination of a 27-week pregnancy of a 15-year-old mentally challenged, tribal girl from the Tapi district. The court emphasized the girl's mental condition, family background, and the advanced stage of pregnancy in its decision.Justice Nirzar S Desai presiding over the case, said, “Considering the facts that the report indicates that...