Law Doesn't Give Exception From DNA Profiling On Ground That Accused And Victim Are Siblings: Kerala High Court

The Kerala High Court has stated that neither the CrPC nor the Bharatiya Nagarik Suraksha Sanhita (BNSS) gives exception from DNA profiling on the ground that the accused and victims are siblings.The accused and victim here are siblings, and the accused is alleged to have committed offences punishable under Sections 376, 376(3) (punishment for rape) of the IPC, Section 5j(ii)...

Confession Made By An Accused Before Panchayat Qualifies As Extra-Judicial Confession: Jharkhand High Court

The Jharkhand High Court has held that a confession made by an accused person before the Panchayat qualifies as an extra-judicial confession. The Court emphasised that an extra-judicial confession can serve as the basis for conviction if the person before whom the confession is made is impartial and not hostile toward the accused.A division bench comprising Justices Ananda Sen and Gautam...

Three-Arbitrator Tribunal To Become Sole Arbitrator Tribunal On Failure Of Party To Appoint Its Arbitrator- Delhi High Court To Examine

The Delhi High Court has resolved to examine an arbitration clause in the General Conditions of Contract (GCC), if the same is affected by the line of judgments following Perkins Eastman Architects DPC v. HSCC (India) Ltd, Bharat Broadband Network Ltd v. United Telecoms Ltd and Haryana Space Application Centre (HARSAC) v. Pan India Consultants Pvt Ltd. The bench of Justice C....

Retailer Can't Be Presumed To Fall Under 'Exceptions' From GST Registration Without Supporting Materials Placed On Record: Gauhati HC

The Gauhati High Court has held that a retailer cannot be presumed to fall within the exception from registration under the Assam Goods and Services Tax Act 2017, without any materials placed on record to support the exemption. A bench of Justice Sanjay Kumar Medhi observed that though certain entities are given exemption under the Act, there cannot be any presumption in that...

MP High Court Dismisses Guest Faculty's Appeal Over Performance-Based Dismissal, Says There Has To Be Some Accountability

The Madhya Pradesh High Court has dismissed an appeal preferred by guest faculty teachers who were removed from their positions based on the results of students. The court upheld the dismissal, stating that maintaining educational standards through performance benchmarks was justified and necessary.The Division Bench comprising Justice Anand Pathak and Justice Hirdesh sitting at Gwalior,...

Application Of MSMED Act And Arbitral Tribunal's Jurisdiction Over Contractual Disputes Must Be Determined By Arbitral Tribunal,Not By Court In Writ Jurisdiction: Delhi High Court

The Delhi High Court has clarified the legal position of the intersection between the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) and the Arbitration and Conciliation Act, 1996. The bench of Justice Sanjeev Narula, while hearing a petition filed under Article 226 of the Constitution, seeking to quash a notice requesting the parties to file their Statement...

Nobody Can Assess Child's Safety Like Mother: P&H High Court Grants Pre-Arrest Bail To 10-Yr-Old's Mother Despite Prima Facie Evidence In Fraud Case

The Court should refrain from questioning the mother's judgment, as no one is in better position to assess a child's safety and best interest than mother, said the Punjab & Haryana High Court while granting pre-arrest bail to a 10-year-old girl's mother who is booked in a fraud case.In the present case, the father of the child was already in custody in Haryana Post Matric...

Application U/S. 34 Of The Arbitration & Conciliation Act Not To Be Dismissed For Non-filing Of Certified Copy Of Arbitral Award If Explanation Provided: Allahabad High Court

The Allahabad High Court bench, comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar has observed that if a certified/signed copy of the award cannot be obtained and filed with an application under Section 34 of the Arbitration and Conciliation Act, 1966, filing a copy of the award along with an explanation would be an appropriate exercise.Background FactsThe appellant filed...

Cutting Someone's Nose Causes Permanent Disfigurement, Affects Self Esteem And Brings Social Stigma: Rajasthan High Court Refuses Bail

Rajasthan High Court observed that the act of cutting someone's nose is a serious crime due to its physical, emotional and social implications. It held that nose is a crucial part of human body having both functional and cultural significance because in Indian culture, cutting off a person's nose was a form a punishment or revenge.The bench of Justice Rajendra Prakash Soni was hearing a...

Appointment Of Arbitrator Not Unilateral If Consent Of Non-Signatory Not Taken: Delhi High Court

The Delhi High Court has held that the consent of a non-signatory to arbitral proceedings is not required for the appointment of the arbitrator. The bench of Justice C. Hari Shankar, while hearing a Section 14 petition challenging the tribunal's jurisdiction, has held that the appointment of an arbitrator without the consent of a non-signatory would not be an unilateral...

Negotiable Instruments Proceeding Under Section 138 Does Not Abate On Initiation Of Insolvency Proceeding: Himachal Pradesh High Court

In a significant judgement delivered by the Himachal Pradesh High Court, the personal liability of the accused under the Negotiable Instruments Act was upheld in spite of the insolvency proceedings initiated under the Insolvency and Bankruptcy Code (IBC). Brief Facts Tushar Sharma (accused) and his wife Smt. Shaveta Sharma applied for a house loan to the tune of Rs. 2 crores which...

No Reopening Is Permitted U/s 148 On Issues Which Were Answered In Favour Of Taxpayer During Course Of Revision U/s 263: Delhi HC

The Delhi High Court held that once the PCIT in the revisionary proceeding u/s 263, had decided in favour of assessee after having considered its reply, then AO had no authority to reassess and reopen the assessment u/s 148. The High Court held so, after finding that the reasons for issuing notice u/s 148A(b) were exactly similar to the reasons on which the PCIT had invoked Section...