News Updates
Request For Oral Hearing Cannot Be Denied by The Arbitral Tribunal On The Ground That The Claims Involved Are Modest: Telangana High Court
The Telangana High Court has ruled that where the Arbitral Tribunal has passed a foreign arbitral award after denying the request of a party for oral hearing, the said arbitral award is contrary to the fundamental policy of Indian law as it is in conflict with the basic notions of justice and hence, it cannot be enforced in India. The Bench, consisting of Justices P. Naveen Rao...
Kerala High Court Reserves Order In Bail Plea Moved By SFI Leader Who Violated Earlier Bail Conditions
The Kerala High Court on Friday reserved its verdict on the bail application moved by Arsho P.M, the State Secretary of the Students' Federation of India (SFI), who was taken into custody for the second time after he violated the bail conditions imposed on him.Justice Viju Abraham heard both the counsels extensively before reserving orders in the bail application. The Judge orally remarked...
Mint Newspaper Article: Delhi High Court Asks YouTuber Gaurav Taneja To Remove Tweets Naming & Tagging Journalist Shephali Bhatt
The Delhi High Court on Friday asked YouTuber Gaurav Taneja to remove the tweets made by him specifically naming and tagging Journalist Shephali Bhatt on the microblogging site Twitter.Days after Justice Amit Bansal granted ad-interim relief to Taneja directing Mint Newspaper to take down an allegedly defamatory article published against him under Bhatt's byline, the journalist moved...
GST On Liquidated Damages, Compensation And Penalty Arising Out Of Breach Of contract: CBIC
The Central Board of Indirect Taxes and Customs (CBIC) has issued a circular on the GST applicability on liquidated damages, compensation, and penalties arising out of breach of contract or other provisions of law.There has to be an express or implied agreement, oral or written, to do or abstain from doing something against payment of consideration for doing or abstaining from such an...
Mere Fact That Liberty Of Bail Was Not Misused During Trial Does Not Per Se Warrant Suspension Of Sentence U/S 389 CrPC: Delhi High Court
"The mere fact that during trial liberty of bail was not misused may not per se warrant suspension of sentence and grant of bail," the Delhi High Court has observed.Justice Anoop Kumar Mendiratta added that even though a detailed examination of the merits of the case may not be required for suspension of sentence, however, the exercise of jurisdiction is to be made in judicious manner and for...
Person Working In Supervisory Capacity Cannot Raise "Industrial Dispute": Gujarat High Court Quashes Reinstatement Order
The Gujarat High Court has reiterated that a person working in "supervisory" capacity cannot raise an industrial dispute under the Industrial Disputes Act, 1947.The Bench comprising Justice AY Kogje further made it clear that while deciding whether such person is a workman or not, the Labour Court ought to carefully consider the evidence placed on record and there is no exhaustive list of work...
KOO Coin Reward: Delhi High Court Restrains Websites, Apps From Offering Digital Currencies Under Microblogging Platform's Trademark
The Delhi High Court has restrained three websites and applications from offering digital coins and currencies consisting of the trademark owned by microblogging site 'Koo', observing that the customers were being mislead in believing that there exists a genuine cryptocurrency or digital currency platform associated with the platform. Justice Pratibha M Singh also directed MEITY to block...
Objections To Admissibility Of Secondary Evidence Can Be Decided At Judgment Stage, Piecemeal Trial At Pre-Argument Stage Not Necessary: Orissa HC
The Orissa High Court has held that objections raised as to "mode of admissibility" of secondary evidence can be adjudicated upon by Trial Courts at the stage of judgment and there is no strict rule that it must be decided as and when objection is raised or before the commencement of arguments. A Single Judge Bench of Justice Krushna Ram Mohapatra observed, "It appears that...
Delhi Riots Site Plans Prepared Casually, S.65B Certificate Not Filed For Digitally Sourced Evidence: Court Calls For Sensitization Of Police
Dealing with a case related to 2020 Delhi riots, a city Court has called for sensitisation of investigating officers (IOs) on making the photos obtained from digital sources as admissible in evidence by filing a certificate under sec. 65B of Indian Evidence Act. Additional Sessions Judge Pulastya Pramachala ordered thus:"Whenever, photographs are filed from digital sources, needless to say that...
Delhi High Court Calls For Publication Of Names Of All Proclaimed Offenders & Proclaimed Persons On Online Portal
The Delhi High Court has called for a meeting for working out the modalities to include the names of all the Proclaimed Offenders and the Proclaimed Persons on a user-friendly portal on Internet.Justice Talwant Singh directed the Principal District and Sessions Judge (Head Quarters) to hold the meeting between August 16 to August 30 and added that the same must also be attended by...
S.18 Drugs & Cosmetics Act | Dealer/ Distributor Not Liable If He Acquires Drug From A Licensed Manufacturer: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Thursday held that a person, other than a manufacturer of a drug, cannot be held liable for contravention of Section 18 of the Drugs and Cosmetic Act if he shows that he has acquired the drug or cosmetic from a duly licensed manufacturer. A bench comprising Justice Sanjay Dhar was collectively hearing petitions wherein the...
Courts Should Be "Extremely Reluctant" To Impose Their Own Views In Academic Appointments: Orissa High Court Reiterates
The Orissa High Court has reiterated that Courts should be extremely reluctant in imposing their own views disregarding the statutes or rules governing appointment in the field of academics. While declining to interfere in a petition, which sough intervention of the Court against denial of candidature for the want of 'chance certificate', a Single Judge Bench of Dr. Justice Sanjeeb...