Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court. Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by the Public Prosecutor nor can...

Arbitral Tribunal Imposing Exorbitant Interest Not Violative Of Fundamental Policy Of Indian Laws: Delhi High Court

The Delhi High Court bench of Justice Yashwant Varma and Justice Dharmesh Sharma, while hearing a review petition of an appeal filed by the appellant u/s 37(1)(b) of the A&C Act read with Section 13 of the Commercial Court Act observed that the exuberant interest rate charged in the commercial world depends upon the transparency of the terms and conditions of the contract entered...

Purpose & Function Of Product Is Relevant For Classification Under 'Customs Tariff' Heading, Not Tech Used In Such Product: Delhi High Court

The Delhi High Court has held that it is not the technology which is used in the product that decides its HSN classification under the Customs Tariff Heading (CTH) for the purposes of Customs Tariff Act, 1975. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma held that it is rather the product, which may be created using a particular technology, which decides the...

Merit Based Review Of Arbitral Award Is Impermissible Under Section 37 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta affirmed that the scope of jurisdiction under Section 34 and Section 37 of the Act is not akin to normal appellate jurisdiction. It is well-settled that that a merit based review of an arbitral award involving reappraisal of factual findings is impermissible. The mere possibility of an alternative view on facts...

'Sorry State Of Affairs': Delhi HC Summons Tihar Jail Superintendent Over Failure To Provide Medical Assistance To PMLA Accused

The Delhi High Court has summoned a superintendent of Tihar Jail over failure to provide medical assistance to an accused in a money laundering case despite a judicial order.Justice Chandra Dhari Singh directed the concerned Jail Superintendent to be present before the Court on November 26 and explain the reasons as to why contempt proceedings should not be initiated against him for...

Recent Attacks On Lawyers | Madras High Court Asks Public Prosecutor To Facilitate Meeting Between Bar Bodies & DGP

The Madras High Court on Thursday asked the State Public Prosecutor Hasan Mohammed Jinnah to facilitate a meeting between the bar bodies in the State and the Director General of Police to come up with solutions to address the issue of frequent attacks on lawyers. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy gave the suggestion when Senior...

Karnataka High Court Stays Till January 7 GO Authorizing State Waqf Board, Officers To Issue Marriage Certificates To Muslim Couples

The Karnataka High Court on Thursday, in an interim order, kept in abeyance till January 7 a government order authorising the State Waqf Board and its officers to issue marriage certificates to married Muslim applicants. A division bench of Chief Justice N V Anjaria and Justice K V Aravind while dictating its order said, “In view of the strong prima case the impugned order dated...

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. Such an issue will have to be examined by the arbitral tribunal under section 16 of the Act.. Brief Facts This petition has been filed under Section 11 of...

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

The Kerala High Court has held that any overt act which involves a physical contact with sexual intent constitutes 'sexual assault', even if there is no penetration. Justice A. Badharudeen noted that under Section 7 of POCSO Act, which defines 'sexual assault', includes within its ambit any other act which involves physical contact with sexual intent.The prosecution case was that the accused,...

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court

A single judge bench of the Patna High Court comprising of Purnendu Singh, Justice, while deciding a writ petition held that in case of compassionate appointments, the employer must explore alternative posts, rather than rigidly adhering to eligibility criteria for specific positions. Background Facts The petitioner hails from Banka, Bihar, is the spouse of Late Guddu Kumar who...

Bidder Can't Question Obstructions To Property Post-Auction, When Opportunity For Inspection Was Availed Prior To Bid: Allahabad HC

In a case concerning delay in payment pursuant to auction of a property, the Allahabad High Court said that where a bidder had the opportunity to inspect a property prior to bidding on it and the auction was to proceed on an 'as is where is and whatever there is basis', then they cannot question the results on discovering obstructions to the property post such bid.In doing so the court said...

Delhi High Court Refuses To Quash FIR Against Matrix Cellular, Others Accused Of Selling Substandard Oxygen Concentrators During COVID-19

The Delhi High Court has refused to quash an FIR registered against Matrix Cellular, its CEO and others accused of selling defective and substandard oxygen concentrators at inflated prices during the COVID-19 pandemic.Justice Dinesh Kumar Sharma said that it is not appropriate to quash the proceedings at the stage while investigation is still pending.“The factum of oxygen concentrators...