Punjab & Haryana High Court Stays Order To Close Down Private Slaughter Houses/Meat Shops In Ambala During Jain Festival

The Punjab and Haryana High Court has stayed the decision of the official authorities to close down private slaughterhouses/meat shops in Ambala from August 24 to September 1 during the Jain festival- 'Paryushan Parv'.The bench of Justice Sudhir Mittal stayed the order and sought the reply of the Haryana Government on the issue and posted the matter on August 29, 2022.Essentially, the...

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences punishable...

Arbitrator Appointed Under MSCS Act; Fixation Of Fees Is Subject To A&C Act: Madras High Court

The Madras High Court has ruled that the power of the Central Registrar to appoint an arbitrator and fix the fees of arbitration under the Multi State Co-operative Societies Act, 2002 (MSCS Act), is subject to the provisions of the Arbitration and Conciliation Act, 1996 (A&C Act). Holding that there is no provision under the MSCS Act where an exemption has been provided with...

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court

Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her case because the very nature of the offence...

Unilateral Constitution Of A Narrow Panel Of Arbitrators Violates Impartiality : Delhi High Court

The High Court of Delhi has held that the power conferred on one party to unilaterally choose names from a panel of arbitrators and forwarding it to the other party to select its arbitrator from those names is violative of principle of impartiality in arbitration. The Bench of Justice Neena Bansal Krishna held that such a unilateral exercise of power creates space for suspicion...

Delhi High Court Grants Bail To Ragpicker Accused In Jahangirpuri Riots Case

In a first, the Delhi High Court has granted bail to one Jahid, a rag picker, arrested in connection with the clashes that broke out in city's Jahangirpuri area during a Hanuman Jayanti procession.Jahid, an 18 to 19 year old man, was in custody since April 17, 2022. Justice Yogesh Khanna was of the view that Jahid was not identified in any of the CCTV footages. The Court also observed...

UP 'Cow Slaughter Act' | No Permit Required For Transportation Of Cow, Its Progeny Within Uttar Pradesh: Allahabad High Court

The Allahabad High Court has observed that mere transportation of a cow and its progeny within the state of Uttar Pradesh is not a violation of any of the provisions of the UP Cow Slaughter Act.The Bench of Justice Mohd. Aslam further held that no permit is required to transport the cow and its progeny within the state of Uttar Pradesh.With this, the court set aside an order passed by...

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper

In a recent order, the Gujarat High Court has held that the benefits of reinstatement would be a 'normal course' that ought to follow once there is a violative of Section 25(F) under the Industrial Disputes Act. Keeping in view this principle, the High Court reinstated, without backwages, the Petitioner who working as a 'sweeper' under the State for 6 years. The Labour Court's award...

Bonafide Disciplinary Proceedings By Bar Council Have Statutory Indemnity Against Legal Action: Madras High Court

The Madras High Court recently emphasized on "statutory indemnity" available to the Bar Councils with respect to bonafide disciplinary proceedings initiated against Advocates. The court was hearing a criminal revision petition moved by the Bar Council of Tamil Nadu and Puducherry against the order of a lower court dismissing the Bar Council's application to reject a plaint filed by...

[S.14 SARFAESI Act] Jurisdiction Of DM Purely Ministerial In Nature; Not Empowered To Hear Borrower/ Third Parties: Bombay High Court

Observing that the jurisdiction of the District Magistrate (DM) is limited only to assisting secured creditors in taking possession of secured assets under the SARFAESI Act, the Bombay High Court held that the DM isn't empowered to hear the borrower or third parties while deciding application filed by secured creditor. "The jurisdiction of the CMM/DM under Section 14 of the SARFAESI...

"IO Literally Slept Over Forensic Reports": MP High Court Reverses Rape & Murder Conviction After 10 Yrs, Orders Enquiry Against Errant Officers

The Madhya Pradesh High Court, Indore Bench recently chided the investigating agency for not utilizing the scientific evidence available to them so as to make a watertight case against an accused in a murder and rape case, thereby leaving the Court with no choice but to acquit him.The division bench of Justice Subodh Abhyankar and Justice S.K. Singh further held that the negligent...

Allahabad High Court Weekly Round Up: August 15 To August 21, 2022

NOMINAL INDEX Triyugi Nath Tiwari v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 371 Dr. Vijay Kumar v. State Of U.P. Thru Prin.Secy.Home 2022 LiveLaw (AB) 372 Nirbhay Singh and others v. State of U.P. and others along with connected pleas 2022 LiveLaw (AB) 373 Ajay Kumar Yadav And Another v. State Of U.P. And 2 Others along with connected matters 2022 LiveLaw (AB) 374 SR...