Referral Court Can Reject Arbitration Only In Exceptional Cases Where Plea Of Fraud Appears To Be Ex Facie Devoid Of Merit: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar observed that unless the arbitration agreement prima facie appeared to be inoperative on account of fraud, the referral Court should not indulge in a roving inquiry as such an inquiry is within the domain of the arbitrator. The fact whether the agreement was induced by fraud would entail a detailed consideration of the evidence lead...

UP Woman On Death Row In UAE For Infant's Murder Executed On February 15: Centre Informs Delhi High Court

The Union Government on Monday informed the Delhi High Court that an Indian woman, resident of Uttar Pradesh, who was on death row in Abu Dhabi, UAE, for alleged murder of a four month old child, was executed on February 15.The woman was awarded death sentence on July 31, 2023 and the same was upheld by the Court of second instance. She was languishing in Al Wathaba Central Jail. ASG...

Madras High Court Orders Attachment Of Part Of Late Actor Sivagi Ganesan's Property In Execution Petition Against Grandson

The Madras High Court has ordered the attachment of a property belonging to late actor Sivagi Ganesan in a plea seeking the execution of an arbitral award against his grandson Dushyanth Ramkumar and their production company Eshan Productions. Justice Abdul Quddhose passed the order after noting that the mediation talks between the petitioner company – Dhanabakkiam Enterprises- and...

Delhi High Court Passes John Doe Order Against Extortion Threat Of Leaking Insurance Company's Confidential Customer Data

While granting temporary injunction in favour of Niva Bupa Health Insurance Company, the Delhi High Court restrained unknown entities from publishing, distributing or disclosing the company's confidential data pertaining to its customers, after the company received a ransomware threat. The Court further directed removing a rogue website NivaBupaLeaks.com, which contained the insurance...

Rajasthan High Court Calls For Mechanism To Expunge Record Of Minor Offences By Juveniles To Enable Easy Rehabilitation

The Rajasthan High Court has called for development of mechanism in the juvenile justice system for expunging the records of minor offences committed by young persons, to enable easier rehabilitation and prevent "youthful mistakes" from becoming lifelong barriers to personal and professional growth.In doing so the court underscored that a punitive approach can permanently brand young persons...

Child In Conflict With Law Being Treated As Adult Can't Be Tried Jointly With Adult Offender: Delhi High Court

The Delhi High Court has ruled that the trial proceedings of a child alleged to be in conflict with law and an adult offender cannot be held jointly after a preliminary assessment of Juvenile Justice Board (JJB) is done declaring the child in conflict with law to be psychologically and physically mature.“Therefore, in the opinion of this Court, as per plain reading of Section 23 of JJ Act,...

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the bar on granting bail in case of commercial quantity under Section 37 of the NDPS Act can be relaxed when the alleged recovered contraband is "marginally above" the commercial quantity.Section 37 of the NDPS Act states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. reasonable ground...

Delhi High Court Rebukes DDA For Improper, Excess Demarcation Of Land For Hospital; Says Can't Demand Ground Rent On Ambiguous Boundaries

The Delhi High Court has reprimanded the Delhi Development Authority (DDA) for failing to properly demarcate a plot of land for constructing a hospital, leading to allotment of excess land to the lessee, non-execution of the lease deed and the demand for ground rent from the lessee before proper demarcation of the land. Justice Manoj Jain remarked “The failure on the part of DDA to...

Delhi High Court Expresses Concern Over Delay In Disposal Of Matters Before National Faceless Appeal Centre

The Delhi High Court has expressed grave concern over the pendency of over 5.4 Lakh appeals before the National Faceless Appeal Centre (NFAC).The body was created for faceless assessment under Section 143 or 144 of the Income Tax Act, 1961, by the insertion of Section 144B via the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020.A division bench of Chief...

Advocate General's Order Declining Sanction To Initiate Criminal Contempt Not Subject To Challenge In Court: Kerala High Court

The Kerala High Court held that refusal of sanction by the Advocate General for initiating criminal contempt proceedings under Section 15(1) of the Contempt of Courts Act of 1971 is not justiciable.Justice C.S. Dias passed the above order by relying upon the Apex Court decision in Joseph Kuzhijalil v Joseph Pulikunnel (1995). “In the light of the emphatic proclamation of the law in...

Dasna Incident Result Of Narsinghanand's Speech; Can't Argue Saif Was Attacked Due To Kumar Vishwas' 'Taimur Remark': Zubair To Allahabad HC

Today, the Allahabad High Court RESERVED its Judgment on the plea moved by Alt News co-founder Mohammed Zubair challenging an FIR against him over alleged 'X' Post (formerly Twitter) on Yati Narsinghanand's 'derogatory' speech. The court has also extended the stay on the arrest till the delivery of the Judgment. Before the Court, Senior Counsel Dileep Gupta, representing Zubair,...

Punjab & Haryana HC Directs Union To 'Most Sympathetically' Consider Plea Of Pakistan-Born Minor Staying With Divorced Indian Mother

The Punjab & Haryana High Court has directed the Union Government to decide representation for the extension of stay of a 5-year-old Pakistan-born girl who is currently staying with her mother in India. The mother got married to a Pakistani citizen in 2019 but later got divorced and returned to India.The minor girl was born in Pakistan and is, therefore, a Pakistani citizen. The girl's...