Juvenile Institutionalization Should Be The Last Resort; Family Is The Best Institution For Rehabilitation: Patna High Court

The Patna High Court has held that institutionalization should be a measure of last resort and that the family is the primary institution for the rehabilitation and reintegration of a child in conflict with the law. It thus set aside the rejection of bail for a juvenile accused in a murder case, ruling that the juvenile justice system is reformatory, not punitive.Justice Jitendra Kumar,...

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC

The Andhra Pradesh High Court bench of Justice Dhiraj Singh Thakur has held that the request for seeking appointment of an independent arbitrator other than the named arbitrator cannot be entertained if there is no evidence to show that the named arbitrator would act in a partial or biased manner. ' Brief Facts: M/s. Kranthi Grand DKNV Hospitalities (Applicant) entered into...

Has Committee Been Constituted For Granting Leave Of Absence To MPs? P&H HC Asks In MP Amritpal Singh's Plea To Attend Lok Sabha Session

The Punjab & Haryana High Court has asked the Union Government to inform whether the committee for granting leave to Member of Parliaments (MP) from attending sessions of the house has been constituted, in a plea filed by MP Amritpal Singh detained under National Security Act (NSA) seeking to attend the session.Amritpal has approached the High Court seeking direction to the Union,...

Magistrate's Satisfaction On Apprehension Of Breach Of Public Peace Condition Precedent For Initiating Section 145 CrPC Proceeding: Patna HC

The Patna High Court has said that an Executive Magistrate is expected to invoke proceedings under Section 145 CrPC only when there is an apprehension of breach of public peace, adding that the condition precedent for initiating such proceedings is his satisfaction regarding such apprehension.Section 145 lays down the procedure to be followed where there is a dispute concerning land or...

S. 63 NDPS Act | Confiscation Of Vehicle Not Dependent On Outcome Of Trial, Court Needs To Deal With It Separately: Punjab & Haryana HC

The Punjab & Haryana High Court has set aside the confiscation order of a vehicle allegedly involved in a case under the NDPS Act, observing that the same was passed without following the procedure under Section 63 of the Act.The Court set aside the confiscation order of alleged offending vehicle was passed along with the order of sentence wherein the owner of the vehicle was...

J&K High Court Seeks State Response On Status Of Stamp Duty Exemptions Given To Companies Engaged In Power Development Projects

The Jammu and Kashmir High Court has directed the concerned state authorities to apprise the court about the status of exemption in paying of stamp duty by power project developing companies in J&K, engaged in setting up power projects under any policy. A bench of Justice Rahul Bharti was hearing a writ petition filed by the petitioner, a company engaged in...

Delhi High Court Has Jurisdiction To Hear ANI's Copyright Infringement Suit Against OpenAI: Amicus Curiae

Amicus curiae Dr. Arul George Scaria on Friday told the Delhi High Court that it has the jurisdiction to hear the copyright infringement suit filed by Asian News International (ANI) against OpenAI Inc, which founded ChatGPT.Scaria is a Professor of Law at National Law School of India University. He submitted before Justice Amit Bansal that the Delhi High Court has the jurisdiction in the...

[Muslim Law] Daughter As Legal Heir Cannot Be Excluded From Revenue Documents Without Recording Valid Reasons: J&K High Court

The Jammu and Kashmir High Court has held that where a mutation is attested excluding a legal heir without recording the reasons for exclusion, such a mutation can be set aside. It also stated that an invalid mutation of the record can be challenged without any bar concerning the limitation period. The court ruled that the mutation of a record made by the petitioner while excluding his...

Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court

The Kerala High Court stated that Article 226 cannot be invoked against a show cause notice issued under Section 74 of the CGST Act at preliminary stage. “Article 226 of the Constitution of India is not meant to be used to break the resistance of the Revenue in this fashion. In exercise of such jurisdiction, the High Court is required to refrain from issuing directions...

Limitation For Appointment Of Arbitrator Commences From Date Of Failure To Comply With Requirements In Notice Invoking Arbitration: AP High Court

The Andhra Pradesh High Court bench of Chief Justice Dhiraj Singh Thakur has held that the limitation period for filing an application seeking appointment of arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996, commences only after a notice invoking arbitration has been issued by one of the parties and there has been either a failure or refusal on the part...

Lack Of Mandatory Jail Sentence For Hate Speech Crimes Serious Matter : Kerala High Court Flags Issue To Parliament & Law Commission

While denying anticipatory bail to BJP leader PC George in a case for making remarks against the Muslim community, the Kerala High Court expressed concerns about the rising frequency of statements based on caste and religion."Nowadays, there is a tendency to make statements based on religion, caste etc. These are against the basic structure of our Constitution. These tendencies should be...

[Arbitration Act] Referral Courts Can't Indulge In Enquiry Into Whether Claims Are Time-Barred: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that in an application under section 11 of the Arbitration and Conciliation Act, 996, it would not be proper for the referral court to indulge in an intricate evidentiary enquiry into the question of whether the claims raised by the petitioner were time-barred or not. “Courts, at the referral stage, can interfere only...