Calcutta High Court Annual Digest: Part-III [Citations: 200-294]

RG Kar Rape-Murder: Why Did Calcutta High Court Allow Protestors To March To West Bengal's State Secretariat "Nabanna"Case: Debranjan Banerjee Vs. The State of West Bengal & Ors.Citation: 2024 LiveLaw (Cal) 200The Calcutta High Court on 23rd August, declined to issue prohibitory orders to prevent student organisations from marching towards the State's Secretariat in Nabanna, to...

'Article 21 Doesn't Distinguish Between Good Or Bad Person': Madras HC Orders ₹50K Compensation For Illegal Detention Of History-Sheeter

The Madras High Court recently directed the State Government to pay Rs. 50,000 compensation to a history sheeter for his illegal detention despite the Committee's report finding no sufficient cause for his detention. Though the state claimed that the history-sheeter was not entitled for compensation, Justice Anand Venkatesh observed that the fundamental right under Article 21 of...

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process...

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while granting relief to a...

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The bench of Justice Arun Monga opined that since there was...

2013 Rape Case | Rajasthan High Court Grants Interim Bail To Asaram Till March 31 For Medical Treatment

The Rajasthan High Court (Jodhpur bench) today granted interim bail till March 31 to self-styled godman Asaram, who is serving a life sentence in connection with a 2013 rape case. This order enables Asaram to walk out of jail for the first time since his arrest in 2013.The order was passed by a bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur a week after the Supreme Court...

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party.Justice Neena Bansal Krishna reserved the judgment and said that the order will...

Haryana's Anti-Cow Slaughter Law Meant To Curb Beef Consumption But Alarming Rise In Litigation Shows State Is Not Executing It Properly: High Court

The Punjab & Haryana High Court has expressed concern about increasing litigation under the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, observing that the objective of the Act was to curtail the "consumption of beef menace emanating from the powerful meat lobby consuming and selling beef" but State is not executing properly.The Court rejected the anticipatory bail plea of the...

Registrar Not Expected To Act As A Civil Court: Madras High Court Discharges Former District Registrar From Corruption Case

The Madras High Court recently discharged a former District Registrar from a corruption case observing that the materials put forward by the prosecution did not constitute any offence. The court noted that insisting a person to participate in a trial merely because the trial has commenced would violate his rights and compel him to undergo agony and anxiety. “To insist A2...

Delhi High Court Directs Taekwondo Federation Of India To Conduct Fresh Open Selection Trials For 2025 National Games

The Delhi High Court has directed the Taekwondo Federation Of India (TFI) to conduct fresh open selection trials for selecting two players in each weight category for both male and female for upcoming National Games to be held at Uttarakhand commencing from January 28.Justice Sachin Datta said that after the trials, two players shall be selected in each weight category who would be given a...

Pendency Of Civil Or Criminal Litigation Between Partners Cannot Estop Either Partner From Invoking Arbitration Clause: Punjab and Haryana HC

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that pendency of a civil and criminal litigation inter se partners, cannot estop one of the partners from invoking the arbitration clause or bar the reference of dispute for adjudication to an arbitrator for determination. Brief Facts: This petition has been filed under Section 11 (6) of the Arbitration Act...

Service Tax Liability Cannot Be Fastened On Implementation Of Govt Projects: Calcutta High Court

The Calcutta High Court has held that construction of canals/ pipelines/ conduits to support irrigation, water supply or for sewerage disposal, when provided to the Government, cannot be exigible to service tax. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya relied on two Circulars issued by the Central Board of Indirect Taxes and Customs...