News Updates
Cannot Quash FIRs Merely On Basis Of Preliminary Enquiry Report: Tamil Nadu Govt To Madras High Court On SP Velumani's Quashing Petition
On the second day of the hearing of former minister SP Velumani's petitions seeking quashing of the two FIRs alleging irregularity in grant of tenders, the State argued that he cannot rely on the preliminary inquiry report to state that he was innocent.The submission was made by Advocate General R Shunmughasundaram before a division bench of Justice PN Prakash and Justice RMT Teeka Raman. The...
Arbitral Tribunal Can Award Interest On Security Deposit If The Clause Prohibiting Such Interest Was Not Specifically Pleaded: Madras High Court
The Madras High Court has held that the arbitral tribunal can award interest despite there being a contractual prohibition if no pleading as to the prohibition was made by the aggrieved party. The bench of Justice Senthilkumar Ramamoorthy held that a party cannot rely on a Clause under GCC for challenging the arbitral award for awarding interest contrary to the said clause if it had...
Tamil Nadu Govt Seeks Recall Of Madras High Court's Order Quashing Sexual Harassment Case Against Godman Shivshankar Baba
Nearly two weeks after a case of sexual harassment was quashed against the self-styled godman Shiv Shankar Baba, the Tamil Nadu government has approached the Madras High Court seeking recall of the decision.Additional Public Prosecutor A Damodaran on Friday made a mentioning before the bench of Justice RN Manjula for an urgent hearing. The bench agreed to hear the matter and decided to take it...
Arbitration Award - Jurisdiction To Allow Any Claim Can Be Challenged If Question Of Fact Is Not Involved: Delhi High Court
The Delhi High Court has ruled that a claimant cannot support his claims on grounds that were not urged before the arbitral tribunal. However, the Court has held that if a question with respect to the jurisdiction of an arbitral tribunal to award any claim is raised, which does not involve deciding any question of fact, the party challenging the arbitral award is not prohibited from...
Coimbatore Car Blast: Litigant Approaches Madras HC Challenging BJP Bandh On October 31
A litigant has approached the Madras High Court against the alleged call for Bandh in the Coimbatore District by the Bharatiya Janata Party following the Car Cylinder Blast that happened on 23rd October. Senior Advocate Mr. V Prakash appearing for the petitioner Mr Venkatesh, a resident of Coimbatore submitted before a bench of Justice Paresh Upadhyay and Justice Bharatha Chakravarthy...
Canada Supreme Court Says Mandatory And Lifetime Registration On Sex Offender Registry Unconstitutional
The Supreme Court of Canada has held the country's mandatory and lifetime registration on the sex offender registry unconstitutional.The national sex offender registry was created in the country in 2004 under Sex Offender Information Registration Act (SOIRA). While the prosecution had to earlier apply to a judge for including a name in the registry, the law was changed in 2011.Since...
With IT Rules Amendment, Centre To Constitute Appellate Committee For Grievances Against Social Media Intermediaries
On Friday, the Central Government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 (2022 Rules).As per the amendment, Centre should notify a Grievance Appellate Committee to deal with appeals against decisions of Grievance Officers of social media intermediariesIn order to amend the Information Technology (Intermediary...
Proprietor Of Registered Design Doesn't Forfeit Its Right Merely Because It Hasn't Enforced It Against All Infringers: Delhi High Court
Allowing the appeal of Relaxo, the court said Acqualite is restrained from manufacturing and selling or in any manner dealing with products infringing the Subject Design of the slippers till the pendency of the suit.
Kerala Govt Approaches High Court For Cancellation Of MLA Eldhose Kunnappilly's Anticipatory Bail In Rape Case
A Petition has been moved before the Kerala High Court by the state government challenging Thiruvananthapuram Court's order granting anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder.In the Petition, moved through Additional Public Prosecutor, it has been argued that the lower court erred in granting pre-arrest bail at the initial...
Kerala High Court Says Only 'New Driving Culture' Can Prevent Road Accidents
The Kerala High Court on Friday observed that only a "new driving culture" can prevent road accidents in the state. Justice Devan Ramachandran noted that despite every effort of the court to ensure that accidents are minimised, it was distressing to know that road mishaps have continued."As this Court has been emphasising earlier, only if there is a new culture of driving, can such incidents...
When Charge Memo Is Set Aside By Competent Forum, Then Suspension Order Dependent On It Also Ceases To Have Force Of Law: Kerala High Court
The Kerala High Court on Tuesday observed that once the charge memo issued to a delinquent employee is set aside by a competent forum, the suspension order that is dependent on it also ceases to have force of law. Division Bench consisting of Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C. P. observed that when the memo of charges is set aside, then there exists no enquiry in...
Minor Muslim Girl Over 15 Yrs Of Age Free To Marry Person Of Her Choice, Marriage Not Void Under Child Marriage Prohibition Act: P&H High Court
The Punjab and Haryana High Court has reiterated that Muslim female aged 15 years and above can marry a person of her choice on her own willingness and consent, and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.The observation was made while hearing a habeas corpus petition filed by 26 years old Javed against detention of his 16...