News Updates
Forcing Pregnancy Would Permanently Scar Her Psyche: Delhi High Court Permits Minor Rape Survivor To Terminate 26 Weeks Pregnancy
The Delhi High Court has permitted a minor victim of sexual assault to terminate her pregnancy of 25 weeks and 6 days old pregnancy. Justice Yashwant Varma, while noting that the Medical Termination of Pregnancy Act deals with pregnancies which may only extend upto 24 weeks, highlighted that in exceptional situations, the Court could invoke its extraordinary powers to permit for such...
Dowry Death | Karnataka High Court Sets Aside Conviction U/S 304B IPC Citing Discrepancies In Multiple Dying Declarations
The Karnataka High Court has set aside the conviction handed down to a husband under section 304-B (Dowry Death) of the Indian Penal Code, noting that there were discrepancies in the two dying declarations of the deceased wife, recorded before the police. A single judge bench of Justice Mohammad Nawaz while partly allowing the appeal filed by Nazrulla Khan, upheld the conviction...
Madras High Court Quashes AIADMK Headquarters Sealing Order, Directs Handing Over Of Keys To Edappadi Palaniswamy
The Madras High Court on Wednesday quashed the order of Revenue Divisional Officer sealing the headquarters of AIADMK party. Justice Sathish Kumar made the order on pleas filed by the new incumbent General Secretary Edappadi Palaniswamy and former Chief Minister O Paneerselvam challenging the lock and seal of the party headquarters. The AIADMK party headquarters was locked and sealed by the...
Non Applicability Of Section 9 Of The A&C Act Can't Be Presumed If Parties Opted For Foreign-Seated Institutional Arbitration: Delhi High Court
The High Court of Delhi has held that merely because the parties have chosen a foreign-seated institutional arbitration under the UNCITRAL Law, they cannot be presumed to have entered into an agreement to exclude the applicability of Section 9 of the A&C Act as provided under the proviso to Section 2(2) of the A&C Act. The Bench of Justice Sanjiv Narula held that the words...
Kerala High Court Directs Russian Ship To Be Detained At Cochin Port Trust For Unpaid Dues To An Estonian Firm
The Kerala High Court on Monday directed a Russian vessel, MV MAIA-1 to be detained at the Cochin Port Trust for non-payment of dues to an Estonian firm, Bunker Partner OU. Justice Sathish Ninan issued the ex-parte order against the Russian cargo ship after being prima facie satisfied that the arrest was warranted in this case. "On going through the averments in the plaint and also the...
Application Under Section 9 Of The A&C Act For Pre-Award Relief Can Be Filed In A Court Where The Assets Of The Respondent Are Located: Delhi High Court
The High Court of Delhi has held that an application under Section 9 of the A&C Act for pre-award relief can also be filed before the Court where the assets of the respondent are located. The Bench of Justice Sanjeev Narula held that the Court for the purpose of Section 9 application in a foreign seated arbitration would be as provided under Section 47 of the...
"Minor Girl Living With Accused As His Wife": Meghalaya High Court Quashes POCSO Case Adopting A 'Pragmatic' Approach
The Meghalaya High Court recently quashed FIR and criminal proceedings in a POCSO case registered against a man as it noted that the accused man and victim-wife (a minor) were living with each other as husband and wife.The Bench of Justice W. Diengdoh stressed that though POCSO Act punishes the act of sexual penetration inflicted upon a minor, yet, if other attending factors such as a case...
CPC Contemplates Execution Of A Foreign Decree And Not An Order: Delhi High Court
The High Court of Delhi has held that remedy before the foreign arbitral tribunal would not be inefficacious when the bulk of the assets of a party are located in India as the interim order in a foreign-seated arbitration is not enforceable under the A&C Act. The Bench of Justice Sanjeev Narula also held that an interim award passed in arbitration with seat in India is...
[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case (which took place in July 1980).The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment...
Rajasthan High Court Issues Notice On Law Student's PIL Seeking Directions To Stop Sale, Use, Consumption & Possession Of E-Cigarettes
The Rajasthan High Court at Jaipur has issued notice on a public interest litigation seeking directions to the central and state governments to effectively implement the provisions of Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019 and to stop sale, use, consumption, possession...
S.143A NI Act | Interim Compensation Cannot Be Granted Without Giving An Opportunity Of Hearing To Accused: Karnataka High Court
The Karnataka High Court has said under Section 143-A of the Negotiable Instruments Act, the court can direct payment of interim compensation even without the complainant making an application praying for the same, but not without following principles of natural justice. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Himanshu Gupta and quashed the...
In-Flight Protest Against Chief Minister: Kerala Court Grants Bail To Youth Congress Vice President KS Sabarinadhan
A Kerala court on Monday released on bail State Youth Congress Vice-President K.S. Sabarinadhan in the case related to the recent protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport.Thiruvananthapuram Principal Sessions Judge P.V. Balakrishnan allowed the bail application with conditions finding that custodial interrogation of the petitioner was...