News Updates
State Moves Kerala High Court Against Bail Granted To Civic Chandran In Sexual Harassment Case
The Kerala Government has moved the Kerala High Court challenging the anticipatory bail granted to the author and social activist Civic Chandran in a sexual harassment case filed by a Dalit Writer. The Kerala State Government has approached the Kerala High Court through Additional Public Prosecutor challenging the anticipatory bail granted to Writer-Activist Civic Chandran, citing that the...
Award Passed By An Arbitrator Who Doesn't Have Qualification As Per Agreement Is Non-Est: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that if the agreement between the parties provides for certain qualifications of an arbitrator, then the appointment must be made in accordance with those qualifications only. The Bench of Justice Subodh Abhyankar further held that an application filed under Order 7 Rule 11 of CPC challenging the jurisdiction of the arbitrator is to be treated...
Orissa High Court Orders ₹10 Lakh Compensation For Death Of 7-Year-Old Girl In School Kitchen Wall Collapse
The Orissa High Court has ordered to pay a compensation of Rs. 10 Lakhs to the father of a 7-year-old daughter who died after a kitchen side wall within the school premises collapsed.The bench of Chief Justice S. Muralidhar observed that the death of the girl was totally unnecessary and avoidable and it would not have occurred if all the safety measures, that were instructed to be put in place...
Maintenance Petition U/S 125 CrPC Covered By Res Judicata; Party Claiming Change In Circumstance Can't File Fresh Plea But Move U/S 127 CrPC: Delhi HC
The Delhi High Court has observed that whenever a party claims a change in circumstance after an order granting maintenance has been passed under Section 125 CrPC, the appropriate recourse would be seeking relief under Section 127 of the Code, not filing a fresh petition under Section 125 of the Code. Laying emphasis on the doctrine of res judicata, Justice Swarana Kanta Sharma observed that...
Shamshera Movie: Delhi High Court Allows OTT Release Subject To Yash Raj Films Depositing ₹1 Crore With Registry
The Delhi High Court yesterday allowed the release of movie Shamshera on OTT platforms subject to Yash Raj Films Private Limited depositing Rs. 1 crore with the Registrar General by 22nd August. The development ensued in a suit filed by one Bikramjeet Singh Bhullar, claiming that the movie was an infringement of his copyright in the literary work 'Kabu na chhadein Khet'.Justice Jyoti Singh...
S.65 Mohammedan Law | First Cousin Brother On Mother's Side Not Entitled To Share In Deceased Uncle's Property: Karnataka High Court
The Karnataka High Court has held that a first cousin brother on the mother's side is not entitled to a share in the property of the deceased uncle, under the category of residuaries, as per Section 65 of the Mohammedan Law. A single judge bench of Justice H.P. Sandesh dismissed the appeal filed two brothers questioning the order of civil judge restraining them from enjoying the...
Can't Disbelieve Prosecution's Case Due To Absence Of Injury On Male Organ: MP High Court Affirms Life Sentence In 5 Y/O Girl's Rape Case
Upholding the life sentence imposed upon a convict who raped a 5-year-old girl, the Madhya Pradesh High Court recently observed that the absence of injury on the penis is not sufficient to disbelieve the prosecution case.The bench of Justice G. S. Ahluwalia and Justice Rajeev Kumar Shrivastava emphasized that offence was an unpardonable act and therefore, in order to provide a safe society...
Order 39 Rule 7 CPC | Commissioner's Report Is Not The "Final Word" & Is Subject To Parties' Objections: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Tuesday ruled that the purpose of appointment of the Commissioner is limited and the report of the Commissioner is not the final word as it is subject to the objections that may be taken by the parties to the suit. A bench of Justice Puneet Gupta made these observations while hearing a plea in terms of which the petitioner-plaintiff...
Avoid Arrest In GST Cases Of Technical Nature, Don't Use This Power Mechanically : CBIC Issues Guidelines
The Central Board of Indirect Taxes and Customs (CBIC) has issued guidelines for arrest and bail in relation to offences punishable under the Central Goods & Services Tax Act, 2017 (CGST Act). The CBIC has issued guidelines in the light of the decision of the Supreme Court in the case of Siddharth vs. The State of Uttar Pradesh, dated August 16, 2021. The Supreme Court held that if...
Manipur High Court Notifies 'HC (Designation Of Senior Advocates) Rules 2022'
The Manipur High Court has notified the High Court Of Manipur (Designation Of Senior Advocates) Rules, 2022 in the exercise of its powers conferred by Section 34(1) read with Section 16(2) of the Advocates Act, 1961, and in accordance with the guidelines laid down by the Supreme Court of India.The Rules provide that High Court may designate an Advocate as Senior Advocate, if in its opinion,...
Constitute Special Committee For Monitoring Drug Cases At State Level To Weed Out Drugpeddling: Manipur HC To State Govt
The Manipur High Court has directed the state government to constitute a Special Committee for monitoring the drug cases at the State Level, with the formation of Sub-Committees at the District Level to weed out drug peddling.The bench of Justice M. V. Muralidaran observed that the State of Manipur which is called as jeweled land/Kangleipak or Meeteileipak is facing the menace of the illegal...
Kerala High Court Dismisses Swapna Suresh's Plea To Quash FIR Registered Against Her Over Allegations Against CM
The Kerala High Court on Friday dismissed the two petitions filed by Swapna Suesh seeking to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.The bench of Justice Ziyad Rahman A. A, while dismissing her plea to quash the FIR, observed that for the purpose of conducting an investigation for...