Arbitration Clause In Unstamped Agreement Enforceable? Supreme Court Refers 'NN Global' To Seven-Judge Bench

The Supreme Court on Tuesday(September 26) referred to a seven-judge bench the issue whether that unstamped/insufficiently stamped arbitration agreements are unenforceable. A 5-judge bench led by Chief Justice of India DY Chandrachud made the reference while hearing a curative petition against its 2020 ruling that had held that an arbitration clause in an insufficiently stamped agreement...

Malegaon Blast Accused Seek Advance Copy Of Questions U/S 313 CrPC, MP Pragya Singh Thakur Seeks Exemption From Appearance In Morning

BJP MP Pragya Singh Thakur appeared in the Special NIA Court on Monday in the 2008 Malegaon Blast Case, and along with other accused persons, sought advance copies of questions prepared by the judge to be put to them under Section 313 of the CrPC.Section 313 of the CrPC deals with the judge’s power to frame questions against an accused and seek an explanation based on the evidence led...

[S.173(2) CrPC] Prescribe Mode For Police To Inform Complainant About Completion Of Probe, Filing Of Final Report: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to issue a notification prescribing the manner in which the details about completion of investigation and filing of final report is to be given by officer-in-charge of a police station to the complainant in terms of Section 173(2)(ii) of CrPC. In an order passed on September 04, Justice Swarana Kanta Sharma directed that the notification...

No Copyright In Religious Scriptures But Adaptions Or Dramatic Works Entitled To Protection: Delhi High Court

Observing that no copyright can be claimed in religious scriptures, the Delhi High Court has ruled that adaptions of such work, including making TV series or creating dramatic works, would be entitled to copyright protection. Justice Prathiba M Singh made the observation while dealing with a suit filed Bhaktivedanta Book Trust created by a renowned scholar and spiritual leader Srila...

Supreme Court Constitutes 7-Judge Bench To Decide Whether MPs/MLAs Taking Bribe For Votes In Legislature Can Claim Immunity

The Supreme Court has constituted a seven-judge bench to hear the reference of the judgement in PV Narasimha Rao v State (1998) which had held that legislators enjoyed immunity from prosecution in cases of bribery in relation to parliamentary vote and speech as per Article 105(2) and Article 194(2) of the Indian Constitution. The judgement had added that the immunity would only be extended if...

S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme Court

The Supreme Court has held that for a confession made to the police to be admissible under Section 27 of the Evidence Act, two essential conditions must be met: the individual must be 'accused of any offence,' and they must be in 'police custody' at the time the confession is made.The Court firmly held that "being in 'the custody of a police officer and being 'accused of an offense'...

Lawyer's Custodial Torture: Punjab & Haryana High Court Bar Association Condemns Alleged Police Inaction, To Abstain From Work Tomorrow

The Punjab & Haryana High Court Bar Association has written to the Chief Minister seeking the suspension of the SSP of District Muktsar Sahib for allegedly not lodging an FIR against erring police officers in the case of alleged custodial violence and sexual assault against a lawyer, despite the CJM's order passed on Saturday.The letter further alleged that rather than taking...

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC

The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court. The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any offence, on the strength of...

Can't Deny Bail Merely Based On Community's Sentiments: Kerala High Court Grants Bail To Greeshma Accused In Sharon Murder Case

The Kerala High Court today allowed the bail application filed by prime accused in the Sharon Murder case, Greeshma. Bench of Justice Mohammed Nias said it cannot refuse bail merely because the sentiments of the community are against her.Sharon Raj was allegedly poisoned by Greeshma to weasel out of their romantic relationship. Her mother and maternal uncle are also arrayed as co-accused...

Subordinate Courts Empowered To Grant Leave, Try And Dispose Suits Relating To Public Charitable Trust U/S 92 CPC: Kerala High Court

The Kerala High Court has laid down that the Subordinate Judge's Courts are vested with the jurisdiction to grant leave for institution of a suit relating to a public charitable trust, and thereafter try and dispose of the same under Section 92 of the Code of Civil Procedure (CPC). The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen passed the order on...

‘Completely Devastated To Notice Children Locked Up’: Orissa High Court CJ Talapatra Shares Experience Of Surprise Visit To Special Home

On Friday, the Quarterly newsletter of the Juvenile Justice Committee of the Orissa High Court ‘Sishu Surakhya’ was released by Chief Justice Subhasis Talapatra in the presence of the Judges of the High Court. Mrs. Subha Sharma, Commissioner, Women & Child Development, Shri Lingaraj Panda, Director ICDS, Shri Manna Biswas, UNICEF Field Officer, Odisha, Judicial Officers of the...

Offence U/S 294 IPC Not Attracted In Absence Of Allegations Of Annoyance, Usage Of Obscene Words: Madhya Pradesh High Court

The Madhya Pradesh High Court last week held that the absence of allegations of annoyance and alleged stated words to be obscene words cannot attract the charge under Section 294 of IPC. The bench of Justice Dinesh Kumar Paliwal added that when it is not clear in the prosecution’s case as to what obscene words were stated by the accused, then merely saying that the accused had...