[Actress Assault Case] Kerala High Court Declines To Quash Case Against Publisher, Chief Editor Of Newspaper For Disclosing Details Of Sexual Offence Victim

The Kerala High Court declined to quash proceedings under Section 228A of the IPC against the Printer and Publisher and Chief editor of Rashtra Deepika Publications, Kottayam for disclosing the details of victim in 2017 actress assault case. Justice A. Badharudeen ordered that a prima facie offence was made out against the petitioners and dismissed the case.“In this matter, the 1st accused...

MSME Act Doesn't Bar Independent Arbitration Under Arbitration And Conciliation Act Based On Agreement Clause: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that Section 18 of the MSME Act does not create any substantive rights or liabilities but simply offers an alternative method for resolving disputes outside of court proceedings. The bench held that if a party involved in a dispute chooses to pursue arbitration independently under the Arbitration and...

Child Of Tender Age Has Fundamental Right To Love Of Both Parents: Punjab & Haryana HC Directs Father To Handover Infant To Mother, Grants Visitation

The Punjab and Haryana High Court directed a father to handover custody of 8-month-old child to the mother and allowed visitation rights to his father, observing that, " child's welfare and best interest also includes ensuring that the child is not deprived of the affection and company of the father."Justice Kirti Singh said, "When the parents are in conflict, the child's well-being should...

Awaiting Clearance From Pakistan Govt Regarding Identity Of 24 Prisoners For Repatriation: Centre To Punjab & Haryana High Court

The Union Government has informed the Punjab & Haryana High Court that it is awaiting clearance from the Pakistan Government regarding identity of 24 prisoners for repatriation to their homeland, as they are allegedly languishing in jails despite acquittal.Earlier, it was submitted by the Centre that the repatriation of 6 Pakistani civil prisoners out of 30, is likely to take place on July...

Lok Adalat Can Only Dispose Of Settled Cases, If Settlement Does Not Happen Case To Be Sent Back To Court For Disposal: Gujarat High Court

While allowing a plea against a trial court order which in its Lok Adalat jurisdiction had dismissed a cheque bouncing complaint on account of non-prosecution, the Gujarat High Court observed that the work of a Lok Adalat is only to dispose of matters which have been settled between the parties. In the absence of such a settlement, the matter is to be referred back to the court for disposal,...

Delhi High Court Monthly Digest: August 2024 [Citations 863 - 955]

Citations 2024 LiveLaw (Del) 863 to 2024 LiveLaw (Del) 955NOMINAL INDEXVANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR. 2024 LiveLaw (Del) 863ANASTASIIA PIVTSAEVA & ANR. v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 864COURT ON ITS OWN MOTION v. STATE 2024 LiveLaw (Del) 865MR CHIRAGUDDIN v. STATE GOVT. OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 866Mitsubishi Corporation Versus...

Arbitrator Justified In Treating Loan Admission In Correspondence As Admitted Claim Under Order XII Rule 6 CPC: Delhi High Court

The Delhi High Court bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela has held that when a party makes a clear admission of owing a loan in its contemporaneous correspondence, the arbitrator is justified in treating it as an admitted claim under Order XII Rule 6 of the CPC. The bench noted that the purpose of this rule is to allow a party to secure a...

Composite Reference Can't Be Made Of Disparate Causes Of Action: Calcutta High Court

The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that composite reference to an Arbitral Tribunal cannot be made for disparate causes of action in different agreements with different parties as it contravenes the principles of privity, confidentiality, and party autonomy. Background: The Petitioner, the Secretary of Ganaudyog Bazar Unnayan...

Judicial Data Of Criminal Cases Available On ICJS Must Be Synced With Crime Record Bureau: Delhi High Court

The Delhi High Court has observed that the judicial data related to criminal cases available on the Inter-operable Criminal Justice System (ICJS) portal needs to be synced with the Crime Record Bureau to ensure “accurate availability of data” relating to the accused.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that the police authorities appear to be...

Delhi High Court Asks SSB To Consider Gender Neutral Nomenclature Of Posts Earlier Earmarked For Males But Now Open To Female Candidates

The Delhi High Court has called for amendment of the nomenclature of Seema Sashastra Bal (SSB) posts which were earlier earmarked only for male candidates but are now open to women as well. A division bench comprising Justice Rekha Palli and Justice Shalinder Kaur was dealing with a young mother's plea who applied for the post of Constable (Washer Man)-Female under OBC quota in SSB. Since she...

Plea In Telangana HC Challenges 'Excessive' Police Action In Hyderabad, Unauthorised Entry On Private Properties & Random Frisk Searches

A Public Interest Litigation (PIL) has been filed in the Telangana High Court challenging the excessive policing practices conducted by the Hyderabad City Police in various slums and localities specifically challenging the Cordon and Search operations, being implemented under various names such as "Mission Chabutra," "Operation Romeo," and "midnight counselling."The petitioner social...

Kerala High Court Grants Bail To One PFI Member Accused In RSS Leader Sreenivasan's Murder, Denies Bail To Two Others

The Kerala High Court has granted bail to one Shihab P, an alleged member of the Popular Front of India, accused for murder of RSS leader Sreenivasan at Melamuri Junction in Palakkad Town in Kerala on April 16, 2022.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. found no reasonable ground to believe that the accusations made against him are prima...