High Courts
Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea
Rejecting a plea moved by Medical Officers (Dental) engaged by the state government on a contractual basis whose services were terminated, the Jodhpur bench of the Rajasthan High Court ruled that it was the government's domain to decide on employment of particular person working in it. In doing so the court observed that the officers engagement was carried out only on an urgent temporary...
Delhi High Court Directs RSY News To Take Down Original Videos Of ANI In Copyright Infringement Suit
The Delhi High Court on Monday directed RSY News to remove or take down from its YouTube channel the original and copyrighted videos of Asian News International (ANI) in the copyright infringement suit filed by the news agency.Justice Mini Pushkarna from posting or uploading any material using any of the original videos of ANI or any copyrighted work belonging to the news agency on any...
Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC
The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC.In the facts of the case, the sister-in-law had approached the High Court to quash the criminal proceedings against her, stating that she would not come within the...
Exporter Can't Be Denied Interest On Refund U/S 56 Of CGST Act For Period Of Delay Attributable To Revenue Dept: Bombay High Court
The Bombay High Court recently clarified that an exporter (Petitioner) is entitled to interest u/s 56 of the CGST Act for the period starting from the expiry of 60 days from the date of filing the shipping bill up to the date of grant of refund, although during the interregnum, the exporter's name was red flagged on the Customs' portal.The High Court held so while considering the prayer...
FIR Must Be Dispatched To Judicial Magistrate Within 24 Hours, But Delay Alone Not Sufficient To Dismiss Prosecution Case: Patna High Court
The Patna High Court has recently observed that while an FIR must be dispatched to the nearest Judicial Magistrate within 24 hours, the prosecution's case cannot be dismissed solely on account of such a delay.A division bench comprising Justices Ashutosh Kumar and Jitendra Kumar emphasized, “We are conscious of the position of law that a recorded FIR ought to be dispatched to the...
'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor
The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The court altered the sentence from death penalty to life imprisonment for remainder of the life of the appellant.In doing so, the division bench comprising Justice Vivek Agarwal and Justice Devnarayan Mishra referred to Mohinder Singh Vs. State of Punjab (2013)...
Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy.Upon perusing the material evidence placed on record,...
Kerala High Court Weekly Round-Up: November 11-November 17, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 708-726]Yasar Arafath v State of Kerala, 2024 LiveLaw (Ker) 708Suseelan v State of Kerala & Another, 2024 LiveLaw (Ker) 709Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 710K Sukumaran v Kerala State Waqf Board, 2024 LiveLaw (Ker) 711Amjith v State of Kerala, 2024 LiveLaw (Ker) 712Union Territory of Lakshadweep and Othes v Salimkoya K,....
Law Should Be Shield For Weak, Not Weapon For Strong: Punjab & Haryana HC Chief Justice Sheel Nagu
The Chief Justice Of Punjab and Haryana High Court Justice Sheel Nagu said that, “Legal literacy is the key that unlocks the doors of justice for all. In a just society, law should be a shield for the weak, not a weapon for the strong.”The judge was speaking at the conference titled "Authorities for Empowering the Marginalized and a Step Towards Social Justice: Achievements and...
76% Prisoners Are Undertrials, Many Languish In Jails Due To Lack Of Legal Aid: Justice BR Gavai
Supreme Court Judge Justice BR Gavai said that empowering marginalized citizens is not just a matter of legal or economic support but they should also be equipped to advocate for themselves.Justice BR Gavai, who was recently appointed as the Executive Chairman of the National Legal Services Authority, was invited as the chief guest at the conference titled "Authorities for Empowering...
Enforcement Of Foreign Award Cannot Be Refused U/S 48 Of Arbitration Act Unless It Is Against Public Policy: Chhattisgarh HC
The Chhattisgarh High Court bench of Justice Deepak Kumar Tiwari has held that enforcement of a foreign award cannot be refused under section 48 of the Arbitration Act unless it is shown that the award is against the public policy of India. The court further observed that even during Covid-19 pandemic, the Banking Sector continued to provide essential services and in the Notification,...
Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. Brief Facts The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996...