Judges May Commit Errors Sometimes, Doesn't Mean They Are Biased Or Fair Trial Is Compromised: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that if an order of a trial judge is found erroneous by a Superior Court, that does not by itself lead to an inference that the trial judge is biased or influenced. It further said that judicial officers may make errors sometimes–which can be corrected–due to "tremendous strain"; however to seek transfer of trial in such a situation, amounts...

Jammu & Kashmir And Ladakh High Court Weekly Roundup October 14 - October 20, 2024

Nominal Index:Hallmark v. Jammu & Kashmir GST Department & Anr 2024 LiveLaw (JKL) 272Sabahat Sanna Vs Dr Shabir Ahmad 2024 LiveLaw (JKL) 273Sudhir Power Limited v. Union Territory of Jammu and Kashmir & Ors 2024 LiveLaw (JKL) 274Pawan Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 275Syed Tassadque Hussain Vs Union Of India 2024 LiveLaw (JKL) 276Oriental Insurance Company Vs M/S...

'Stone' Would Come Within Purview Of Weapon Likely To Cause Death Depending On Nature, Size Or Sharpness And Manner Of Use: Kerala High Court

The Kerala High Court ruled that stone would also come within the purview of weapon of offence likely to cause death to attract an offence under Section 324 of the IPC depending upon its nature, size, sharpness and the manner in which it was used for causing injury.Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt by any instrument for shooting, stabbing...

Calcutta High Court Becomes India's Third HC With Specialised Division To Hear Intellectual Property Cases

The Calcutta High Court has become only the third court in India to house a dedicated bench of judges for hearing Intellectual Property (IP) matters. Other High Courts that have a dedicated roster for IP matters include Madras High Court and Delhi High Court.While the draft IP rules had been notified by the High Court in 2023, after much deliberation and discussion among stakeholders, the...

POCSO Accused Can Get Unredacted Prosecution Records, Balance To Be Struck Between Their 'Right To Defend' And Minor's Privacy: Kerala HC

The Kerala High Court has recently observed that an accused in a POCSO case is entitled to get unmasked copies of the prosecution records to effectively defend his case, while emphasizing that in such matters a balance has to be struck by courts between the "privacy of the victims" and the accused's right to defend themselves. A single judge bench of Justice A. Badharudeen in its order...

Standard Is Higher For Post-Award Section 9 Relief, Order To Deposit Amount Not Passed In Routine Manner: Delhi HC

The Delhi High Court Bench of Justice Hari Shankar held that the standard required to be met by a post-award Section 9 relief is higher than that required by pre-award Section 9 reliefs. In this case, interim relief under section 9 of the Arbitration and Conciliation Act was sought to secure the awarded amount. Brief Facts This matter is between National Highways Authority of...

Similarity Of Functional Filters & Business Model Is Necessary For Including/ Excluding Comparable To Determine Arm's Length Price: Delhi HC

The Delhi High Court noted that the present appeal is confined only to inclusion/ exclusion of certain uncontrolled entities as comparable for purpose of determining arm's length price (ALP) of assessee company/ Appellant.Further, for purposes of benchmarking, there must be similarity of functional filters, product homogeneity and business model, in order to arrive at suitable comparable...

Details Contained In Delhi Police Special Branch Manual Confidential, Exempted From Disclosure Under RTI Act: High Court

The Delhi High Court has ruled that the details contained in Delhi Police's Special Branch Manual is confidential in nature and is exempted from disclosure under the Right to Information Act, 2005.Justice Sanjeev Narula said that by virtue of the confidential nature, the details cannot be brought into the public domain.“While the RTI Act is intended to promote transparency and...

Court Can Dispense Requirement To Furnish Surety Bond Executed By Third Person For Bail Or Suspension Of Sentence: Delhi High Court

The Delhi High Court has recently held that it is permissible for a Court to completely dispense with the requirement that an undertrial prisoner or convict must furnish a surety bond executed by a third person to avail the benefit of bail or suspension of sentence.Justice Anup Jairam Bhambhani said that the waiver or substitution of surety should be even more guarded where the prisoner is...

Allahabad High Court Denies Bail To Govt School Principal Accused Of Sexually Abusing Girl Students

The Allahabad High Court recently denied bail to the principal of a government primary school in Bulandshahr district of the state who was arrested in March this year on the allegations of sexually abusing female students and showing them 'indecent' on his mobile phone. Considering the victims' tender age, which ranged from 9 to 13 years, a bench of Justice Krishan Pahal did not find...

No Prior Approval U/S 17A Prevention Of Corruption Act For Laying 'Trap' Against Public Servant Demanding Illegal Gratification: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court has said that no prior approval is required under Section 17A of the Prevention of Corruption (PC) Act to "trap" a public servant who allegedly demands gratification.In doing so, the high court further said that the provision is only triggered if there is allegation of an offence committed under the PC Act. A single judge bench of Justice...

[NDPS Act] Accused Entitled To Default Bail If Forensic Report Not Submitted With Chargesheet Within 180-Day Limit: Calcutta High Court

The Calcutta High Court while dealing with an application for bail in an NDPS matter has allowed the application made by the petitioner, who sought default bail on the grounds that the chargesheet submitted against him was submitted without a forensic report, within the statutory limit of 180 days.A division bench of Justices Arijit Banerjee and Apurba Sinha Ray held:In view of the...