Media Giving "Definite Opinion" Of Someone's Guilt Or Innocence Pending Probe/ Trial Not Protected Under Article 19(1)(a): Kerala HC Full Bench

The Kerala High Court held that any expression by the media on the guilt or innocence of an accused in an ongoing criminal case would not be protected under the right to speech and expression guaranteed under Article 19(1)(a) of the Constitution. The Court stated that only an adjudicatory authority can pronounce on the guilt or innocence of an accused.A Five Judge Bench comprising Justice A....

'Pashmina Certification Centre' To Be Set Up, Delhi High Court Told In PIL To Enhance Existing FSL Infra For Testing Suspected Shahtoosh Shawls

The Delhi High Court has closed a public interest litigation seeking to improve, augment and enhance existing forensic testing infrastructure available to all Forensic Science Labs (FSLs) engaged in analysis of suspected Shahtoosh Shawls.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela took on record Union Government's statement that the Export and...

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that a party is bound by virtue of Section 16(2) of the Arbitration Act to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited. Brief Facts Objections preferred by...

S. 29A Of Arbitration Act Not Applicable To Arbitration Proceedings Which Commenced Before 2015 Amendment: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that provisions of Section 29A of the Act will not be applicable to the arbitration proceedings that had started before the Arbitration & Conciliation (Amendment) Act, 2015 came into force.Brief Facts The National Highway Authority of India (for short 'NHAI') feeling aggrieved against the dismissal of...

Wife Can't Be Made Co-Accused Merely For Staying With Husband Who Is Involved In Crime, Stronger Evidence Needed U/S 319 CrPC: Karnataka HC

The Karnataka High Court has said that an application under Section 319 of the Criminal Procedure Code 1973, which provides to bring in another person accused in the case cannot be exercised at a pre-trial stage.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by one R K Bhat who is the complainant in the case seeking to implead one Shanthi Roache as a co-accused in...

Principle Of Res Judicata Bars Second Reference To Labor Court, After Adjudication: Punjab & Haryana High Court

Punjab and Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal dismissed multiple writ petitions challenging the Labor Court's award, affirming that payment of differential wages under the Minimum Wages Act does not create a fresh cause of action to override the principle of res judicata in labor disputes. The case involved contract workers seeking regularization...

Kerala High Court Refuses To Entertain Plea Challenging U/A Certification Given To Malayalam Movie 'PANI'

The Kerala High Court has refused to entertain a plea challenging U/A certification given to the Malayalam movie 'Pani' directed and starred by actor Joju George.The plea was moved stating that the U/A certification (unrestricted public exhibition with parental guidance) given to the movie was inappropriate as it contained obscene dialogues, scenes and violence, making it unsuitable...

'Lego' A Well Known Mark: Madras High Court Cancels Hyderabad-Based Company's Registration In Confectionary Products

The Madras High Court recently cancelled the registration of a Hyderabad based company's trademark for its confectionary products which was similar to the trademark of famous toy company “Lego”. Justice PB Balaji held that the company had almost identically adopted Lego's mark, including the style and the colour and had failed to give a satisfactory explanation to the close identity...

Bahraich Violence | 'Any 'Illegal' Construction Is Liable To Be Demolished': UP Govt To High Court, Justifies Issuance Of Notices To 'Encroachers'

The Uttar Pradesh Government has filed an affidavit before the Allahabad High Court justifying the issuance of notices to some building/house owners (23 people) who were allegedly involved in the October 13 Bahraich violence incident. The state authorities have found these individuals to be "encroaching" on kilometer 38 of the Kundasar-Mahsi-Nanpara (Major District...

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates

The Gwalior bench of the Madhya Pradesh High Court has reiterated that under Muslim Law, a father-in-law is not required to provide financial support to his deceased son's widow. In doing so the high court set aside the orders of the trial court and sessions courts, which had directed the petitioner father-in-law to pay monthly maintenance to his daughter-in-law after the death of his...

Delhi High Court Says Notification Banning Import Of Salman Rushdie's 'The Satanic Verses' Doesn't Exist As Authorities Fail To Trace It

The Delhi High Court has disposed of a petition challenging the notification purportedly issued by the custom authorities in 1988 banning the import of book “The Satanic Verses” authored by Indian-British novelist Salman Rushdie.A division bench comprising Justice Rekha Palli and Justice Saurabh Banerjee noted that the authorities, including the Central Board of Indirect Taxes and...

Arbitrator Nominated U/S 18(3) MSMED Act Erred In Deciding Merits After Finding Respondent Was Not MSME: Madras HC Upholds Setting Aside Of Award

The Madras High Coury bench of Justices R. Suresh Kumar and C. Saravanan has held that an Arbitrator ought not to decide the case on merits after coming to a conclusion that the respondent was not a Micro, Small, and Medium Enterprise (MSME) and therefore not entitled to invoke the machinery under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. The court...