All High Courts
Karnataka High Court Weekly Round-Up: September 9 To September 15, 2024
Citations: 2024 LiveLaw (Kar) 396 To 2024 LiveLaw (Kar) 402Nominal Index:B S Suresh & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 396H Mahadev AND K N Rajamma & others. 2024 LiveLaw (Kar) 397ABC AND State of Karnataka. 2024 LiveLaw (Kar) 398Priyanka Halamani AND State of Karnataka & Others. 2024 LiveLaw (Kar) 399Muniyappa AND State of Karnataka. 2024 LiveLaw (Kar) 400Disha Bhat...
"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned.Justice Subodh Abhyankar sitting at Indore observed,“Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that the Legislature,to the...
Dispute Relating To Members And Management Of Public Trusts Not Arbitrable, Must File Suit U/S 92 CPC : Allahabad High Court
The Allahabad High Court has held that disputes relating to public trusts which are enlisted under Section 92 of the Civil Procedure Code are not arbitrable under the Arbitration and Conciliation Act, 1996.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar further held that Section 89 of CPC which provides for settlement of disputes outside Court does not...
Gujarat HC Nixes Revenue Tribunal's "Diametrically" Opposite Orders, Directs Chairman To 'Step Down' Pending Decision On His 'Conduct'
Observing that the state Revenue Tribunal had passed two "diametrically" opposite orders regarding delay condonation, the Gujarat High Court quashed the same after noting that the matter involved the same parties and issues in respect of a "common" decision rendered by the deputy collector in a tenancy case. A single judge bench of Justice Nikhil S Kariel in its September 9 order further...
Victim/ Informant Must Be Communicated About Deletion Of Names From Array Of Accused In Final Report: Kerala High Court
The Kerala High Court has held that an investigating officer must notify the informant or victim about removing individuals from the list of accused in the final report, if they were initially named as accused in the FIR. Additionally, the Court emphasized that upon taking cognizance of the offences based on the final report, the Magistrate must also inform the informant or victim of...
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...
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...