Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act.Brief FactsThis appeal has been filed under section 37 of the Arbitration Act challenging the order passed...

Sambhal Violence: Fresh PIL In High Court Seeks Independent Probe Into 'Police Atrocities', Claims Most Victims, Those Arrested Are Muslims

Questioning the Uttar Pradesh Police's alleged action of opening fire against the public in Sambhal, the Association of Protection of Civil Rights (APCR) has moved the Allahabad High Court seeking an independent probe into the alleged incidents of police atrocity. Violence erupted in Sambhal district on November 24 after a team led by an advocate commissioner surveyed the Mughal-era...

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Karnataka High Court has held that a competent court in Bengaluru will have jurisdiction to hear the defamation suit filed by late singer Manna Dey's kin, for restraining certain entities from circulating a Bengali language book on the late singer.Justice H P Sandesh pointed that though the book is published in West Bengal, it is available in Bengaluru.The High Court held thus while setting...

Keeping Control On Employee Doesn't Permit "Bullying": Punjab & Haryana HC Upholds Abetment To Suicide Charge Against Deceased's Senior

The Punjab and Haryana High Court has refused to quash an FIR lodged against a senior for allegedly abetting his junior employee to commit suicide by harassing and bullying him.It was alleged that the petitioner, who was senior of the deceased working in a government veterinary hospital, harassed and bullied him by using abusive language which forced him to commit suicide.Justice Karamjit...

[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court

The Kerala High Court held the criteria for the Magistrate to direct any person to give voice sample under Section 349 of BNSS is the satisfaction of the Magistrate that such sample is required for the purpose of investigation.“Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide his voice sample, again, for the purposes...

Enact Law With Severe Punishment For Child Sexual Abuse By Family Members: Madras HC Upholds Man's Conviction For Raping Stepdaughter

The Madras High Court recently asked the State Government to take "serious efforts" to enact laws imposing "severe punishments" in cases of sexual offences by family members or close friends involving children. In doing so the court further said State should take measures for providing awareness programs and provide funds for opening protection homes for children to protect them from...

Sambhal Violence | Another PIL In Allahabad HC Seeking FIR Against Concerned District Magistrate, Superintendent Of Police

Another PIL plea has been moved before the Allahabad High Court seeking an FIR against the Sambhal District Magistrate, Superintendent of Police, concerned SHO, and other responsible officers. The Plea also seeks a direction to the UP government to arrest these officials.The PIL petition, filed by the Hazrat Khawaja Garib Nawaz Welfare Association through Advocates Saher Naqvi and Mohd....

Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma has affirmed that Arbitrators do not have the power to unilaterally issue binding and enforceable orders determining their own fees. A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, ie., the arbitrators cannot be a judge of their own private...

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act (POCSO), observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice...

Don't Raise Office Objection About Petitioner Not Signing Withdrawal Memo Presented By His Counsel: Karnataka High Court To Registry

The Karnataka High Court has directed its registry not to raise office objections to the effect that the signature of the petitioner is not forthcoming in the memo of withdrawal if the petition is sought to be withdrawn by the advocate appearing for the petitioner.In doing so the court observed that such office objections discredits the authority of the counsel who appear on behalf of...

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court

The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173(2) of Cr.P.C and limit its actions...

Trader Not Liable To Pay Social Welfare Surcharge On Customs Duty Which Is Exempted Under MEIS Scheme: Orissa High Court

The Orissa High Court has held that Social Welfare Surcharge (SWS) leviable on customs duty will be nil where a trader is exempted from paying customs duty under the Merchandise Exports from India Scheme (MEIS).Section 110 of the Finance Act 2018 contemplates levy of SWS on imported goods specified in the First Schedule to the Customs Tariff Act, 1975. As per sub-section (3), SWS is calculated...