News Updates
High Court Exercises Judicial Function Under S. 11 (6) of Arbitration Act; Principle Of Res Judicata Applicable To S. 11 Petition: Delhi High Court
The Delhi High Court has ruled that the High Court exercises a judicial function under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (A&C Act), and thus while dealing with a petition filed under Section 11 for appointment of Arbitrator, the High Court can determine the issue of maintainability of a petition on any ground, including on territorial jurisdiction or...
UAPA Tribunal Upholds Centre's Decision To Ban PFI & Its Affiliates
The UAPA tribunal headed by Justice Dinesh Kumar Sharma, judge of the Delhi High Court, has upheld the ban imposed by the Central Government on the Popular Front of India (PFI) and its affiliated organisations.It was on September 28 that the Ministry of Home Affairs declared the PFI and its associates or affiliates or fronts as "unlawful associations" with immediate effect for a period of 5...
Jammu & Kashmir High Court Permits Minor Rape Victim To Medically Terminate 30 Weeks Old Pregnancy
The Jammu and Kashmir and Ladakh High Court recently allowed the medical termination of a 30 week unwanted foetus, observing that while exercising the powers under Article 226 of the Constitution, a Constitutional Court has got wider powers than what is prescribed under Section 3(2) of the MTP Act of 1971.The directions were passed by Justice Sanjay Dhar while hearing a plea filed by a...
No Special Treatment Merely Because He's An Advocate: Bombay High Court Refuses To Stay Bar Council's Disciplinary Action Against Gunratan Sadavarte
The Bombay High Court on Tuesday refused to stay the disciplinary proceeding initiated against Advocate Gunratan Sadavarte by the Bar Council of Maharashtra and Goa for alleged misdemeanours.A division bench of Justices Gautam Patel and Neela Gokhale observed that Sadavarte won't be given any special treatment merely because he is an advocate and alleges the complaint is politically...
Madras High Court Grants Anticipatory Bail To BJP's Prashant Umrao In FIR Over Tweets Regarding Bihar Migrant Workers In TN
The Madras High Court has granted anticipatory bail to UP BJP Spokesperson Prashant Umrao in an FIR lodged by the Tamil Nadu police against him for allegedly spreading false information on the alleged attacks against the migrant workers from Bihar in Tamil Nadu.Justice GK Ilanthiraiyan granted anticipatory bail on the condition that Umrao will file an undertaking stating that he will to tweet...
2022 Assembly Polls: Gujarat High Court Summons BJP MLA Jitu Vaghani After AAP Candidate Accuses Him Of Creating "Misinformation" Amongst Voters
The Gujarat High Court on Monday issued summons to Bhavnagar (West) MLA Jitu Vaghani in an election petition filed by Aam Aadmi Party (AAP) leader Raju Solanki alleging distribution of false pamphlets by Vaghani and his supporters in Bhavnagar (West) constituency during December 2022 Assembly elections, to create misinformation the voters. The single judge bench of Justice Rajendra M....
[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court
The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner dismissing the second appeal filed by Public Information Officer, on the ground that the petitioner being the PIO cannot maintain the second appeal under Section 19(3) of the Right to Information Act.A single judge bench of Justice K S Hemalekha partly allowed the petition filed by the...
Temperament Basic Attribute Of Judges, Can't Project Ill-Feelings Towards Litigants, Law Enforcing Agencies: Calcutta High Court
The Calcutta High Court at Jalpaiguri recently quashed an order of Judicial Magistrate which directed a Police Officer to appear personally before his Court to file show-cause as well as execution report of a warrant of arrest against a medical officer, failing which he shall be liable to face penal consequences. While quashing the order, the single judge bench of Justice Bibek...
Allahabad High Court Suspends UP Cabinet Minister Nand Gopal Gupta Nandi's 1-Year Jail Term In Assault Case
The Allahabad High Court on Monday suspended a 1-year jail term awarded to Uttar Pradesh cabinet minister Nand Gopal Gupta 'Nandi' by an MP/MLA court in Allahabad in January this year in connection with a 9-year-old assault case. The Court also issued a direction for his release on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court...
Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission
A single bench of National Consumer Dispute Redressal Commission, of Dr. S.S. Kantikar (Presiding Member) in a Revision Petition , has confirmed the Order passed by the District Forum and State Commission. The NCDRC has held the Doctor negligent and directed him to pay Rs.3,00,000 as compensation and Rs.15,000 towards litigation costs.The complainant/patient was admitted to...
Preventive Detention Order Can Be Passed Against Person Already In Judicial Custody On Subjective Satisfaction Of Detaining Authority: Kerala High Court
The Kerala High Court recently held that an order of preventive detention can be passed against a person already in judicial custody if the detaining authority is satisfied of its necessity.A division bench comprising of Justice Alexander Thomas and Justice C.S. Sudha held that based on parameters such as the immediate possibility of release of the detenu from judicial custody and if released...
Medical Negligence, NCDRC’s Revisional Power Is Limited To Illegality, Material Irregularity Or Jurisdictional Error
The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding members Dr. S.M. Kantikar and Mr. Binoy Kumar upheld the State Commission’s award in favour of the patient who died due to medical negligence by the doctors while performing an operation to remove the gall bladder stone. While the petitioners argued over different facts, the court held that it was...