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Allahabad High Court Explains Difference Between Inquiry Undertaken U/S 174 CrPC And Investigation Conducted U/S 157 CrPC
The Allahabad High Court recently explained the difference between the Section 174 CrPC [Police to enquire and report on suicide, etc.] and Section 157 CrPC [Procedure for investigation preliminary inquiry]. The Court emphasized that the preparation of inquest under Section 174 Cr.P.C. is in fact in the nature of inquiry, and the same cannot be equated with the investigation contemplated...
Substitution Of Arbitrator On Ground Of Bias Will Not Come Within The Scope Of Substitution Under Section 29A (6) Of A&C Act: Kerala High Court
The Kerala High Court has ruled that allegation of bias cannot be raised as a ground to seek substitution of Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice Sathish Ninan held that there is a stark difference between the substitution of an Arbitrator under Section 15(2) and the substitution of the Arbitrator...
S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court
Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset,...
Mere Reply To The Notice Of Arbitration Would Not Save The Limitation Period For Filing Counter-Claims: Orissa High Court
The Orissa High Court has held that a mere reply to the notice of arbitration would not save the period of limitation for filing the counter-claim(s). The Court held that the date on which the counterclaim is filed before the arbitrator would be the relevant date for determining the date of stopping of the period of limitation unless the respondent had issued a separate...
Insurance Ombudsman Performs Quasi-Judicial Functions While Deciding Complaints; Award Can Be Challenged Under Article 227: Bombay High Court
Observing that the Insurance Ombudsman is like a tribunal while deciding a complaint, the Bombay High Court on Thursday held that an insurance company can challenge Insurance Ombudsman's award before the High Court under Article 227 of the Constitution. "…. the adjudication of a complaint before the Insurance Ombudsman possesses all essentials of a judicial/quasi-judicial...
Copies Of 'A' Diary Of Civil And Criminal Postings In Courts Cannot Be Obtained Under RTI Act: Kerala High Court
The Kerala High Court recently, while dismissing a writ petition, held that copies of 'A' diary of civil and criminal postings in the courts could not be obtained under the Right to Information Act. Justice Murali Purushothaman observed that since copies of 'A' diary of civil and criminal posting of cases can be obtained by filing applications under rules made by the High Court, the provisions...
Sheena Bora Murder: Approver Driver Shyamvar Rai Gets Bail From Bombay HC 7 Yrs After Arrest
Shyamvar Rai, CBI's star witness in the Sheena Bora murder case was granted bail by the Bombay High Court on Saturday, nearly seven years after his arrest. Rai, who was the driver of prime accused and socialite Indrani Mukerjea was first to be arrested in the case. Subsequently he was declared an approver by the Special CBI court in 2016 and deposed as a prosecution witness. He...
Promotion Cannot Be Denied Merely Because Criminal Proceedings Are Pending Against The Employee: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Wednesday reiterated that promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee and to deny such benefit, they must be at the relevant time pending at the stage when charge memo/charge-sheet has already been issued to the employee. A bench comprising Justice Javed Iqbal Wani...
Supreme Court Dismisses PIL To Stop Private Zoo In Gujarat From Acquiring Animals
The Supreme Court has dismissed a PIL filed against the recognition granted to Greens Zoological Rescue and Rehabilitation Centre, an upcoming private zoo, at Jamnagar, Gujarat.A bench comprising Justices Dinesh Maheshwari and Krishna Murari dismissed the PIL filed by one Kanhaiya Kumar observing "we are unable to find any logic or basis in this petition". The order was passed on August...
Civil Courts Obliged To Await Mediation Report Before Passing Further Orders When Parties Referred For Mediation: Kerala High Court
The Kerala High Court recently held that when a civil court has referred parties to a civil suit to mediation under Section 89 of the Civil Procedure Code, there is an obligation to await the mediation report before passing further orders in the suit. Justice C.S. Dias, while adjudicating the matter, and deciding as to whether the court below had erred in dismissing the suit as 'not...