News Updates
"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act (POCSO Act).Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that...
Presumption U/S 113-B Evidence Act Not Attracted If Incident Of Cruelty Has Become So Stale To Not Disturb Mental Equilibrium Of Woman: MP High Court
The Madhya Pradesh High Court, Indore Bench recently, while interpreting the provisions under Section 113-B Evidence Act, held that if the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence. Elaborating on the term "soon before her death" mentioned under Section 113-B...
Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court
The Karnataka High Court has ruled that the issue whether an agreement containing an arbitration clause stood novated with the execution of a second agreement and thus, the arbitration agreement between the parties was not subsisting, cannot be decided at the stage of reference to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), since it...
Where Doctrine of Desuetude Applies To A Statute, It Will Also Apply To Schemes Framed Under Such Statute: Kerala High Court
The Kerala High Court on Wednesday observed that where the 'Doctrine of Desuetude' could find application in the case of statutes, there was no reason for the same not to apply to a scheme that had been framed under the provisions of that Statute. Justice T.R. Ravi, while observing so, noted that relying upon the findings of the Apex Court in Monnet Ispat & Energy Ltd. v. Union of India,...
President Accepts Resignation Of Justice Rameshwar Vyas Of Rajasthan High Court
The Ministry of Law and Justice has issued a notification confirming the official resignation of Justice Rameshwar Vyas from the office of Judge, Rajasthan High Court. This is in pursuance of proviso (a) to clause (1) of Article 217 of the Constitution.As per the notification, the resignation is with effect from August 31, 2022. Justice Vyas would have retired on September 10, 2022.Click Here...
NCLT Kochi Bench Re-Constituted, Proceedings To Be Conducted Only On Wednesday, Thursday And Friday Until Further Orders
The National Company Law Tribunal, Kochi Bench, has been re-constituted vide a Circular dated 14.09.2022, issued by NCLT as per Section 419(3) of the Companies Act, 2013. The new NCLT Kochi Bench shall comprise of: NCLT Kochi (First Half) Shri P. Mohan Raj (Judicial Member)Shri Satya Ranjan Prasad (Technical Member) The Circular has been issued in partial modification of...
'Hisab Kitab' Remark Case: Allahabad High Court Grants 2 Weeks' Time To UP Govt To Spell Out Criminal History Of MLA Abbas Ansari
The Allahabad High Court has granted two weeks' time to the Uttar Pradesh Government to spell out details related to the criminal history of Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case.Essentially, the bench of Justice Samit Gopal was hearing the charge sheet quashing plea filed by Mau Sadar MLA Abbas Ansari in...
NCLT Cuttack To Hear Cases Only On Monday And Tuesday Until Further Orders
The National Company Law Tribunal, Cuttack Bench, shall conduct proceedings on only Monday and Tuesday in view of NCLT Circular dated 14.09.2022 and matters shall be heard through video conferencing. The NCLT Cuttack Bench was reconstituted vide a notification dated 10.10.2021 and the Circular dated 14.09.2022 has been issued in partial modification of the said notification. At present...
Steps Taken To Protect Interests Of Transgender Inmates; Separate Cells Earmarked In Jails: Patna High Court Closes PIL
The Patna High Court on Wednesday closed a public interest litigation seeking measures for protection of inmates belonging to the transgender community, whether in police or judicial custody.The Division Bench composed of Chief Justice Sanjay Karol and Justice S. Kumar was of the view that certain measures have been taken which surely, have come a long way, in watching/protecting the interest...
Kerala High Court Admits Medical Practitioners' Plea Seeking Permission To Practice Multiple Systems Of Medicine
The Kerala High Court has admitted and issued notice to the concerned authorities in a plea challenging Clause (F) in Chapter 2 of the National Medical Commission, Registered Medical Practitioner (Professional Conduct) Regulations, 2022 which prevents registered medical practitioners from practicing any other system of medicine, once licensed to practice Modern Medicine under the National...
Proliferation Of Impostor Domain Names: Delhi High Court Directs DNRs To Appoint Grievance Officers Under IT Rules 2021
In connection with a bunch of pleas concerning proliferation of fraudulent domain names resulting in monetary loss to public, the Delhi High Court has directed various domain name registrars (DNRs) to appoint grievance officers in compliance of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 within a period of one week. In an order passed on...
Relevancy Of Question Asked During Cross-Examination Relates To Pleadings & Rival Stands, Not Merits Of Such Stands: Delhi High Court
The Delhi High Court has observed that merits of the rival stands cannot be a material consideration while examining whether a particular question that the party desires to pose to a witness is relevant or irrelevant. "Relevance or irrelevance is to be decided by juxtaposing the question that is being sought to be put with the pleadings of the parties and their rival stands before the court,...