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Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court
The Supreme Court has ruled that the court while exercising jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 (A&C Act) is not expected to act mechanically, and that the limited scrutiny of the court at the pre-reference stage, through the “eye of the needle”, is necessary and compelling.The bench comprising Chief Justice DY Chandrachud and Justice...
When Girl Child Doesn’t Appear To Be Comfortable With Mother, Necessary For Court To Consider & Grant Custody To Father: Patna High Court
The Patna High Court has said that if a girl child expresses discomfort with staying with her mother, even if it is a temporary circumstance, it is a very necessary ground to be factored in for the Family Court to opine and direct that the girl shall stay with her father. The Division Bench of Justices Harish Kumar and Ashutosh Kumar observed: “The Court exercising...
Gondia Court Acquits 5 Of Naxal Activities; Says Prosecution Witnesses Gave False Testimony Under Police Pressure
A Gondia court recently acquitted five persons accused of Naxal activities observing that the prosecution witnesses were not trustworthy as they gave false statements under police pressure.“…the witnesses examined by the prosecution are not trustworthy and are deposing under the compelling situation and pressure of police…All these witnesses have given specific admissions in...
Supreme Court Refuses To Grant Bail To Two Convicts In 2015 Jindal University Gang-Rape Case
The Supreme Court, on Monday, refused to grant bail to the two convicts in the 2015 OP Jindal University rape case. On a previous occasion, the Apex Court had issued limited notice in the plea to consider the challenge to conviction under two provisions only- Section 376(D) IPC (gang-rape) and Section 376(2)(n) IPC (commits rape repeatedly on the same woman)..Appearing before a Bench...
Kerala High Closes Suo Moto PIL Against Child Labour, Beggary; Directs Social Justice Dept To Monitor Govt Initiatives
The Kerala High Court recently directed the Kerala State Legal Services Authority (KELSA) to review the steps taken by it to protect and rehabilitate children engaged in begging and child labour, as well as the steps taken to combat drug abuse among children. The court also directed the Secretary to the Government of the Social Justice Department to monitor and review the initiatives taken by...
"Misunderstanding Cleared, No Point Continuing Differences": Mika Singh In Bombay High Court To Quash Molestation Case For Kissing Rakhi Sawant In 2006
After singer Mika Singh and entertainer Rakhi Sawant publicly made amends, Singh has approached the Bombay High Court to quash with consent the 17-year-old case against him for forcibly kissing Sawant twice at his birthday party in 2006.Singh states that Sawant’s allegations were a ‘misunderstanding’ and the scuffle thereafter between their friends was an “unplanned and...
S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment. The observations were made by Justice Javed Iqbal...
Delhi High Court Upholds Validity Of Notifications Banning Manufacture & Sale Of Chewing Tobacco Products, Sets Aside Single Bench Ruling
The Delhi High Court on Monday set aside a single judge verdict which had quashed various notifications issued by Delhi Government’s Commissioner of Food Safety prohibiting the manufacture, storage, distribution or sale of Gutka, Pan Masala, flavoured tobacco and similar products in the national capital.Upholding the validity of the notifications, a division bench of Chief Justice...
Punjab & Haryana High Court Orders ₹5 Lakh Compensation To Family Of India-Pakistan War Martyr Over Delay In Land Allotment
The Punjab and Haryana High Court recently directed the Punjab Government to pay a compensation of Rs. 5 lakhs for making procrastinated delay in allotment of land to the family members of the deceased Indian Army Soldier who was martyred during the Indo-Pakistan war in 1971. The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari observed: “…that the State...
AIADMK Moves Delhi High Court Seeking Direction For Updation Of Its Amended Bye-Laws With ECI
All India Anna Dravida Munnetra Kazhagam (AIADMK) and its interim General Secretary Thiru K Palaniswamy has moved the Delhi High Court seeking directions for updation of its records with the Election Commission of India.The matter is likely to be listed for hearing on Wednesday. Justice Prathiba M Singh, before whom the case was listed today, recused from hearing it. “Subject to orders of...
S.123 Representation Of People Act | Mere Allegation Without Any Cogent Documentary Evidence Does Not Constitute 'Corrupt Practise': Rajasthan High Court
The Rajasthan High Court while dismissing an election petition, has held that a mere allegation without any cogent documentary evidence does not constitute corrupt practice under Section 123 of the Representation of the People Act, 1951. A bench comprising Justice Vineet Kumar Mathur passed the above ruling while dismissing an election petition filed under Sections 80, 81, 100(1)(B)...