Custodial Torture | DK Basu Guidelines Can't Stop Highhanded Cops : Singhvi Urges Supreme Court To Pass Additional Safeguards

Senior Advocate Dr.Abhishek Manu Singhvi, who is the amicus curiae in the landmark case DK Basu vs State of West Bengal, has requested the Supreme Court to pass additional guidelines to prevent abuse of arrest powers and custodial torture.On January 24, he agreed before a bench comprising Justices Dinesh Maheshwari and Bela M Trivedi to submit a comprehensive note detailing the...

Non - Signatory Can Be Referred To Arbitration Under ‘Doctrine Of Alter Ego’: Madras High Court

The Madras High Court has ruled that non-signatories to arbitration agreement can be referred to arbitration by invoking the ‘doctrine of alter ego’ only in exceptional cases where there is convincing evidence that the non-signatory is the ‘alter ego’ of the signatory. The bench of Justice Senthilkumar Ramamoorthy remarked that the doctrine of alter ego is applied in...

Ensure Visually Impaired Students Don't Suffer Due To Unavailability Of Teachers: Delhi High Court To Director Education

The Delhi High Court has directed Delhi Government’s Director of Education to ensure that there is no scarcity of teachers in primary schools meant for visually impaired students.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also said that all possible efforts must be made to ensure that teachers are permitted to continue in such schools till the...

Arbitration Clause Continues To Operate Even After Dissolution Of Partnership: Delhi High Court

The Delhi High Court has ruled that an arbitration clause contained in a contract executed with a partnership firm, will continue in effect even after the death of a partner causes the dissolution of the partnership. The bench of Justice Chandra Dhari Singh held that the Court has the power to conduct a procedural review of its order passed under Section 11 of the...

Contradictory Reports By Two Investigation Agencies In UP About MBBS Student's Death: Supreme Court Orders Further Investigation By CBI

The Supreme Court has directed CBI to conduct further investigation into unnatural death of an MBBS Student in 2017.Anadi Dixit had lodged the First Information Report after the unnatural death of his daughter who was enrolled in an educational institution pursuing MBBS course. Initially, two persons were arraigned as accused for commission of offences under Section 306/201 of the Indian...

Can't Browbeat Judges To Get Things Done Your Way: Kerala High Court To Woman On Allegations Of Bias Against Family Court In Divorce Case

The Kerala High Court recently dismissed a woman's petition seeking transfer of a divorce case on the ground of alleged bias and favouritism by the Family Court Judge. The divorce case has been filed by her husband.Justice C.S. Dias said the petitioner, a woman lawyer, has made a "scathing attack" on the Family Court Judge by questioning his integrity, honesty and impartiality, on the sole...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 16 – 22, 2023]

SUBJECT WISE INDEX Arbitration 12 month’s time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 Bail Process of criminal law not for money recovery; Bail can be granted irrespective of payment of money involved. Bimla Tiwari v. State of...

Judiciary Should Have Judges With Alternative Life Experiences; Now Most Judges Are Upper-caste Heterosexual Men : Saurabh Kirpal

Senior Advocate Saurabh Kirpal, whose appointment as a judge was objected to by the Central Government on the ground of his sexual orientation, opined that it is important to have judges with different life experiences in the bench, so that the judiciary represents the social diversity.Kirpal pointed out that the judiciary is mostly composed of upper caste, heterosexual men, who would be having...

Madras High Court Upholds UGC's Power To Impose Territorial Restrictions On Distance Education Courses

The Madras High Court has recently upheld the power of the University Grants Commission to impose Regulations for the conduct of Distance Education Programs by the universities.The University Grants Commission, on 21st August 2012 had imposed a condition stating that the territorial jurisdiction with respect to the distance education programs were to be decided by the Distance Education...

Removal Of Objections In Any Proceedings Before An Authority Does Not Render The Proceedings Time Barred: Bombay High Court

The Bombay High Court recently held that correction or removal of objections in any proceedings before any authority does not render the proceedings time barred if the correction does not alter the nature of the proceeding.Justice Abhay Ahuja, while allowing a writ petition challenging the rejection of petitioner’s application for refund of stamp duty on grounds of limitation, held...

Woman Entitled To Termination Of Pregnancy In Rape Cases, Has Right To Say 'Yes' Or 'No' To Being A Mother: Delhi High Court

The Delhi High Court has observed that denying a woman the right to medical termination of pregnancy in sexual assault cases and imposing the responsibility of motherhood on her, would amount to “denying her the human right to live with dignity” as she has a right in relation to her body including the right to say “yes or no” to being a mother.Observing that section 3(2) of the...

After Adoption Of Swiss Challenge Method, RA Not Allowed To Submit Revised Plan: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Jindal Stainless Ltd. v Mr. Shailendra Ajmera & Anr., has held that after adoption of Swiss Challenge Method to find out the best plan, one Resolution Applicant cannot be...