All High Courts
Arvind Kejriwal's CBI Arrest 'Insurance Arrest' Against Release In ED Case, Singhvi Argues; Delhi High Court Reserves Verdict
The Delhi High Court on Wednesday reserved its verdict on the petition filed by Chief Minister Arvind Kejriwal challenging his arrest by the Central Bureau of Investigation (CBI) in the corruption case in relation to the liquor policy case.Justice Neena Bansal Krishna also reserved order on Kejriwal's interim bail plea. Senior Advocates Abhishek Manu Singhvi, N Hariharan and Vikram...
Do You Have Plans To Set Up An AIIMS-Like Institute In Prayagraj?: High Court Asks Union Health Ministry
The Allahabad High Court has asked the Union Health Ministry if the Central Government plans to establish a premier healthcare institution similar to the All-India Institute of Medical Sciences (AIIMS) in Prayagraj. This directive came in response to a public interest litigation (PIL) plea filed by Sahaj-Sarathi Foundation and another highlighting the inadequacy of medical facilities...
Right To Be Forgotten | Upholding Acquittal Of POCSO Act Accused, HP High Court Directs Masking Of Names Of Parties In Digital Records
Upholding the acquittal of a rape accused under the POCSO Act and emphasizing the right to be forgotten post-acquittal, the Himachal Pradesh High Court recently instructed its registry to mask the names of both the accused and the victim from its digital records. A bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja emphasized that the right to privacy, encompassing...
Supreme Court's Interpretation Of 'Three Months' As 90 Days In Section 34(3) Of Arbitration Act As Obiter Dicta, Not Ratio Decidendi: Calcutta High Court
The Calcutta High Court bench of Justice Subhendu Samanta has held that the Supreme Court's observations regarding the interpretation of "three months" in Section 34(3) of the Arbitration and Conciliation Act, 1996 as 90 days in various cases were not the ratio decidendi but obiter dicta. The bench held that the period of limitation must be computed based on calendar months,...
Watching Child Pornography Online Will Not Attract Offence U/S 67B Of IT Act: Karnataka High Court
The Karnataka High Court has held that a person watching child pornography material online cannot be charged for an offence under Section 67B of the Information Technology Act. A single judge bench of Justice M Nagaprasanna quashed proceedings initiated against one Inayathulla N and said, “The allegation against the petitioner is that he has watched a pornographic website. This, in...
Composite Reference To Arbitration Necessary When Dispute Involves Same Subject Matter: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held allowed composite reference of two companies to arbitration noting that the two arbitration agreement refer to the self-same demised property. Moreover, it noted that both the agreements were entered into by the same proposed lessee with two co-owners of the self-same property. The bench held...
Can Magistrate Take Cognizance Of Private Complaint & Order Probe When Sanction U/S 19 Of PC Act Is Required? Kerala HC Refers To Larger Bench
The Kerala High Court has referred to a larger bench the question of whether the Supreme Court's decision in Anil Kumar v M. K. Aiyappa and Another (2013) is still a valid precedent considering the subsequent judgment made by the Supreme Court in Jayant and Others v State of Madhya Pradesh (2020).The decisions vary on whether the Magistrate can take cognizance of a private complaint and...
Consensual Sexual Intercourse Without An Element Of 'Misconception Of Fact' Not Rape: Kerala High Court Reiterates
The Kerala High Court recently quashed the criminal proceedings initiated against a man accused of raping a woman on finding that the sexual intercourse was voluntary and not an outcome of misconception of fact.In this case, the complainant alleged that the petitioner who was a tempo van driver subjected her to rape in 2005, 2011, 2015 and 2016. Justice A. Badharudeen observed that no...
Rajasthan High Court Grants Bail To NDPS Accused Who Allegedly Open Fired On Police To Evade Arrest
Rajasthan High Court has granted bail to an accused booked under Narcotic Drugs and Psychotropic Substances Act (NDPS) Act who allegedly open fired at the policemen at the time of arrest.It is alleged that during raid when commandos began to surround the accused, gunfire was exchanged, resulting in the death of the co-accused and injuries to the applicant. The police alleged recovery of...
Maharashtra Co-Operative Societies Act Promotes Open Membership, Rejection Of Applicant Unwarranted If All Conditions Are Met: Bombay High Court
The Bombay High Court observed that Section 23 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) promotes the concept of 'open membership'. Thus, the rejection of membership by a Co-operative Bank based on alleged motives to disrupt its administration, despite the applicants fulfilling all conditions mandated by the MCS Act, was deemed to be a violation of Section 23 of the...
[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court
The Bombay High Court has held that the investigating agency under the Unlawful Activitives Prevention Act (UAPA) cannot seek an extension in filing the chargesheet citing the lack of sanction. A division bench of Justices Revati Mohite-Dere and Gauri Godse held that for filing a chargesheet, there is no requirement of a sanction from the competent authority and the same can be...
Minor Girl's Aborted Foetus Not To Be Given To Police Or Court, Must Be Kept In Forensic Lab & Destroyed After Completion Of Case: Madras HC
Noting that there was no standard operating procedure to deal with the products of conception after a Medical Termination of Pregnancy done for a minor pregnant girl, the Madras High Court observed that a guideline needed to be issued and followed across the state. The bench of Justice N Anand Venkatesh and Justice Sunder Mohan noted that after a fetus less than 24 weeks old...