Named Arbitrator In Notice U/S 21 Of A&C Act Can't Pass Orders Without Consent Of Other Party Or Order Of Appointment U/S 11: Karnataka High Court

The Karnataka High Court bench of Justice Suraj Govindaraj has held that a person who is the named Arbitrator in a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996, cannot enter reference and pass orders without the other person consenting thereto or without an order of appointment of Arbitrator by institution or a Court under Section 11 of...

Kerala High Court Allows Transgender Parents To Be Shown As 'Parents' Instead Of Father Or Mother, Says Law Must Evolve With Society

The Kerala High Court while allowing the petition filed by the Zahhad and Ziya, the first transgender parents of the country, to change the description of them in their child' s birth certificate from father and mother to parents observed that the law has to evolve with the changes in the society“…the law cannot remain static, but it has to evolve in accordance with the changes in the...

Kerala High Court Issues Fresh Notice To Former MLA PV Anvar In Plea Seeking CBI Inquiry Into Phone Tapping Allegations

The Kerala High Court has directed issuance of fresh notice to Former Nilambur Member of Legislative Assembly PV Anvar in a Writ Petition (Criminal) that sought CBI investigation into an alleged case of illegal phone tapping.The matter was listed today and was considered by Justice P.V. Kunhikrishnan. Advocate K.M. Firoz took notice for the former MLA, who is arrayed as the 13th respondent in...

Child Custody | Parent Forcefully Shifting Minor To New Place Doesn't Make Them 'Ordinary Resident' For Granting Guardianship: Delhi High Court

The Delhi High Court has made it clear that when a minor child is forcefully shifted by one of the parents warring for the child's custody, such shift would not grant territorial jurisdiction for granting guardianship to such parent.Section 9 of the Guardians & Wards Act prescribes District Court having jurisdiction in the place where the minor 'ordinarily resides' shall have the...

Kerala High Court Stays Trial In Youth Congress Activist Shuhaib's Murder Case, Asks State To Consider Parents' Plea To Replace Public Prosecutor

The Kerala High Court on Wednesday (4th June) stayed the trial of the murder case of Youth Congress Activist, Shuhaib before the Additional Sessions Court III, Thalassery. The order was made by Justice P. V. Kunhikrishnan in a petition filed by Shuhaib's parents and the witnesses in the case to appoint a special prosecutor to conduct the trial.Shuhaib was hacked to death allegedly by...

Allahabad High Court Grants Bail To 2 Men Accused Of Forcibly Reciting 'Hanuman Chalisa' Near Meerut Mosque

The Allahabad High Court on Tuesday granted bail to two men, including a leader of Akhil Bhartiya Hindu Suraksha Samiti, who were held in March this year for forcibly reciting 'Hanuman Chalisa' near a mosque in UP's Meerut. A bench of Justice Raj Beer Singh granted bail to Sachin Sirohi and Sanjay Samarval who have been booked by the Meerut police under Sections 191(2) [Rioting],...

P&H High Court 'Deplores' Centre For Not Following SC Rulings On Ex-Servicemen Which Have Attained Finality, Burdening AFT With Cases

The Punjab and Haryana High Court has criticized the Union Government for its insensitive attitude towards the rights of ex-servicemen, observing that the Armed Forces Tribunal (AFT) is being overwhelmed with litigation due to the government's failure to comply with a Supreme Court ruling. Justice Sanjeev Prakash Sharma and Justice H.S. Grewal said:"We are daily finding ex-servicemen...

CBFC Can't Deny Certification Without Specifying Objectionable Portions :Madras High Court On Vetrimaaran's Tamil Film 'Manushi'

The Madras High Court, on Wednesday, criticized the Central Board of Film Certification (CBFC) for denying certificate to upcoming Tamil movie "Manushi" without specifying the scenes to which it has objections.Noting that movie making was a part of right to free speech and expression, Justice Anand Venkatesh said that the Board would be putting the producers of the movie in great difficulty...

Almost 2 Yrs Passed, Not A Single Witness Was Examined: HP High Court Grants Bail to NDPS Accused, Cites Violation Of Fundamental Rights

The Himachal Pradesh High Court, on Tuesday (June 3), granted bail to an individual accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing an undue delay in initiating the trial proceedings.The bench of Justice Rakesh Kainthla observed that the petitioner has remained in custody for one year and nine months. It was further observed that during this period, the...

Vessel Engaged Under SEAIOCM Agreement Qualifies As 'Foreign Going Vessel' For Exemption U/S 87 Of Customs Act: Kerala High Court

The Kerala High Court stated that vessel engaged under SEAIOCM agreement qualified as 'foreign going vessel' for exemption under section 87 Of Customs Act. The Bench consists of Justices A.K. Jayasankaran Nambiar and P.M. Manoj was addressing the issue of whether in the backdrop of the terms of engagement of the vessel under the SEAIOCM Agreement, the vessel can be categorized as...

Kerala High Court Upholds Strict Liability Of Elephant Owner, Handlers In Fatal Attack During Temple Procession

In a recent ruling, the Kerala High Court, presided over by Justice C. Pratheep Kumar, reaffirmed the principle of strict liability for owners and handlers of dangerous animals. The court held that they are fully responsible for any harm caused by such animals regardless of negligence or any provocation by third parties. This judgment followed a tragic incident during a temple procession in...

Young Bar Members' Commitment Assures That Future Of Judiciary Is In Capable Hands: Justice Biren Vaishnav Bids Farewell To Gujarat High Court

"This institution has taught me...that independence, integrity and inspiration are hallmarks of an institution to stand out. If the institution is what it is please nurture it and let these hallmarks be roadmap to take it further," said Justice Biren Vaishnav as he bid farewell to Gujarat High Court on Wednesday after completing his nine-year stint as a judge.Justice Vaishnav, who was elevated...