High Courts
Award Must Not Be Set Aside On Ground Of Mere Erroneous Application Of Law Unless Patent Illegality Is Established U/S 34: Madras HC
The Madras High Court bench of Justices M.Sundar And K.Govindarajan Thilakavadi affirmed that the scope of interference under Section 34 of the Arbitration Act is limited and within the contours of the ground specified under Section 34 of the Act. To put it otherwise, the award is not required to be set aside on the ground of mere erroneous application of law or by reappreciation...
“Scandalous Allegations”: Madras High Court Awards ₹1.1 Crore Damages To Former CM Edappadi Palanisamy For Comments Linking Him To Kodanad Case
The Madras High Court on Thursday awarded Rs. 1.1 Crore as compensation to former Tamil Nadu Chief Minister Edappadi Palanisamy for comments made by one Dhanapal linking Palanisamy to the crimes that took place in Kodanadu Estate in 2017. In 2017, the Kodanad estate, which was owned by former Tamil Nadu CM J Jayalalithaa was broken into. This was followed by the death of a security...
Calcutta High Court Quashes Case Against BJP Leader Kailash Vijayvargiya Over Allegedly Misleading Post On 'X'
The Calcutta High Court has quashed a case against BJP leader Kailash Vijayvargiya, accused under Sections 504/505(1)(b)/120B of the Indian Penal Code, 1860, for allegedly misleading posts regarding workers belonging to the ruling party posted on his X (Twitter) account.It was alleged by the State that Vijayvargiya had shared a fake video of women being assaulted on his X handle and claimed...
Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused."Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe punitive measures. Courts...
S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti Singh while rejecting...
Madras High Court Dismisses Plea Challenging Conferment Of Padma Vibhushan On Sadhguru Jaggi Vasudev
The Madras High Court on Thursday dismissed a plea seeking to revoke the Padma Vibhushan Award conferred on Sadhguru Jaggi Vasudev. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy dismissed the plea noting that the court was satisfied that the norms for conferment of award was adhered to and thus the relief as sought for could not be granted. Previously,...
Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court
The Punjab and Haryana High Court has set aside a conviction and sentencing order along with the FIR in a bigamy case, on account of compromise entered between the parties.Justice Sumeet Goel said, "Section 528 of BNSS, 2023 reflects peerless powers, which a High Court may draw upon as necessary whenever it is just and equitable to do so, in particular to ensure the observance of the due...
Media Giving "Definite Opinion" Of Someone's Guilt Or Innocence Pending Probe/ Trial Not Protected Under Article 19(1)(a): Kerala HC Full Bench
The Kerala High Court held that any expression by the media on the guilt or innocence of an accused in an ongoing criminal case would not be protected under the right to speech and expression guaranteed under Article 19(1)(a) of the Constitution. The Court stated that only an adjudicatory authority can pronounce on the guilt or innocence of an accused.A Five Judge Bench comprising Justice A....
'Pashmina Certification Centre' To Be Set Up, Delhi High Court Told In PIL To Enhance Existing FSL Infra For Testing Suspected Shahtoosh Shawls
The Delhi High Court has closed a public interest litigation seeking to improve, augment and enhance existing forensic testing infrastructure available to all Forensic Science Labs (FSLs) engaged in analysis of suspected Shahtoosh Shawls.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela took on record Union Government's statement that the Export and...
Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC
The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that a party is bound by virtue of Section 16(2) of the Arbitration Act to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited. Brief Facts Objections preferred by...
S. 29A Of Arbitration Act Not Applicable To Arbitration Proceedings Which Commenced Before 2015 Amendment: Himachal Pradesh HC
The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that provisions of Section 29A of the Act will not be applicable to the arbitration proceedings that had started before the Arbitration & Conciliation (Amendment) Act, 2015 came into force.Brief Facts The National Highway Authority of India (for short 'NHAI') feeling aggrieved against the dismissal of...
Wife Can't Be Made Co-Accused Merely For Staying With Husband Who Is Involved In Crime, Stronger Evidence Needed U/S 319 CrPC: Karnataka HC
The Karnataka High Court has said that an application under Section 319 of the Criminal Procedure Code 1973, which provides to bring in another person accused in the case cannot be exercised at a pre-trial stage.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by one R K Bhat who is the complainant in the case seeking to implead one Shanthi Roache as a co-accused in...