Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate...

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it.The bench of Justice Farjand Ali was hearing a writ petition filed by a retired Additional Superintendent of Police (ASP), seeking a direction to the State Government for considering...

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11(6A) of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11...

Nominee Entitled To Bank Deposits After Account Holder's Death But Money Would Be Subject To Succession Laws: Allahabad HC

The Allahabad High Court has clarified that while a nominee has a right to obtain money from the bank after the account holder's death, the money received would be subject to succession laws, and the deceased's heirs would have a right to the said amount in accordance with the law. A bench of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit observed this while dealing with a...

Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea

Rejecting a plea moved by Medical Officers (Dental) engaged by the state government on a contractual basis whose services were terminated, the Jodhpur bench of the Rajasthan High Court ruled that it was the government's domain to decide on employment of particular person working in it. In doing so the court observed that the officers engagement was carried out only on an urgent temporary...

Delhi High Court Directs RSY News To Take Down Original Videos Of ANI In Copyright Infringement Suit

The Delhi High Court on Monday directed RSY News to remove or take down from its YouTube channel the original and copyrighted videos of Asian News International (ANI) in the copyright infringement suit filed by the news agency.Justice Mini Pushkarna from posting or uploading any material using any of the original videos of ANI or any copyrighted work belonging to the news agency on any...

Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC

The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC.In the facts of the case, the sister-in-law had approached the High Court to quash the criminal proceedings against her, stating that she would not come within the...

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor

The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The court altered the sentence from death penalty to life imprisonment for remainder of the life of the appellant.In doing so, the division bench comprising Justice Vivek Agarwal and Justice Devnarayan Mishra referred to Mohinder Singh Vs. State of Punjab (2013)...

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy.Upon perusing the material evidence placed on record,...

Kerala High Court Weekly Round-Up: November 11-November 17, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 708-726]Yasar Arafath v State of Kerala, 2024 LiveLaw (Ker) 708Suseelan v State of Kerala & Another, 2024 LiveLaw (Ker) 709Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 710K Sukumaran v Kerala State Waqf Board, 2024 LiveLaw (Ker) 711Amjith v State of Kerala, 2024 LiveLaw (Ker) 712Union Territory of Lakshadweep and Othes v Salimkoya K,....

Law Should Be Shield For Weak, Not Weapon For Strong: Punjab & Haryana HC Chief Justice Sheel Nagu

The Chief Justice Of Punjab and Haryana High Court Justice Sheel Nagu said that, “Legal literacy is the key that unlocks the doors of justice for all. In a just society, law should be a shield for the weak, not a weapon for the strong.”The judge was speaking at the conference titled "Authorities for Empowering the Marginalized and a Step Towards Social Justice: Achievements and...

76% Prisoners Are Undertrials, Many Languish In Jails Due To Lack Of Legal Aid: Justice BR Gavai

Supreme Court Judge Justice BR Gavai said that empowering marginalized citizens is not just a matter of legal or economic support but they should also be equipped to advocate for themselves.Justice BR Gavai, who was recently appointed as the Executive Chairman of the National Legal Services Authority, was invited as the chief guest at the conference titled "Authorities for Empowering...