Kerala High Court Directs Russian Ship To Be Detained At Cochin Port Trust For Unpaid Dues To An Estonian Firm

The Kerala High Court on Monday directed a Russian vessel, MV MAIA-1 to be detained at the Cochin Port Trust for non-payment of dues to an Estonian firm, Bunker Partner OU. Justice Sathish Ninan issued the ex-parte order against the Russian cargo ship after being prima facie satisfied that the arrest was warranted in this case. "On going through the averments in the plaint and also the...

Application Under Section 9 Of The A&C Act For Pre-Award Relief Can Be Filed In A Court Where The Assets Of The Respondent Are Located: Delhi High Court

The High Court of Delhi has held that an application under Section 9 of the A&C Act for pre-award relief can also be filed before the Court where the assets of the respondent are located. The Bench of Justice Sanjeev Narula held that the Court for the purpose of Section 9 application in a foreign seated arbitration would be as provided under Section 47 of the...

'Can't Ask A Journalist To Not Write' : Supreme Court Rejects UP Police Plea To Restrain Mohammed Zubair From Tweeting As Bail Condition

While granting interim bail to fact checker Mohammed Zubair in all FIRs registered by the Uttar Pradesh Police over his tweets, the Supreme Court on Wednesday refused to impose a bail condition that he should not tweet.The Court turned down a request made by the Additional Advocate General of Uttar Pradesh for such a condition."It is like telling a lawyer that you should not argue. How can...

"Minor Girl Living With Accused As His Wife": Meghalaya High Court Quashes POCSO Case Adopting A 'Pragmatic' Approach

The Meghalaya High Court recently quashed FIR and criminal proceedings in a POCSO case registered against a man as it noted that the accused man and victim-wife (a minor) were living with each other as husband and wife.The Bench of Justice W. Diengdoh stressed that though POCSO Act punishes the act of sexual penetration inflicted upon a minor, yet, if other attending factors such as a case...

CPC Contemplates Execution Of A Foreign Decree And Not An Order: Delhi High Court

The High Court of Delhi has held that remedy before the foreign arbitral tribunal would not be inefficacious when the bulk of the assets of a party are located in India as the interim order in a foreign-seated arbitration is not enforceable under the A&C Act. The Bench of Justice Sanjeev Narula also held that an interim award passed in arbitration with seat in India is...

Supreme Court Orders Release Of Mohammed Zubair Forthwith On Interim Bail In All UP Police FIRs; Transfers UP FIRs To Delhi Police

The Supreme Court on Wednesday ordered the release of fact-checker Mohammed Zubair, co-founder of AltNews, on interim bail in all UP Police FIRs. A bench led by Justice DY Chandrachud observed that existence of power of arrest must be pursued sparingly by the Police. The Court has directed the Tihar jail authorities to ensure that he is released before 6 pm today, subject to furnishing...

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case (which took place in July 1980).The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment...

Rajasthan High Court Issues Notice On Law Student's PIL Seeking Directions To Stop Sale, Use, Consumption & Possession Of E-Cigarettes

The Rajasthan High Court at Jaipur has issued notice on a public interest litigation seeking directions to the central and state governments to effectively implement the provisions of Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019 and to stop sale, use, consumption, possession...

S.143A NI Act | Interim Compensation Cannot Be Granted Without Giving An Opportunity Of Hearing To Accused: Karnataka High Court

The Karnataka High Court has said under Section 143-A of the Negotiable Instruments Act, the court can direct payment of interim compensation even without the complainant making an application praying for the same, but not without following principles of natural justice. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Himanshu Gupta and quashed the...

In-Flight Protest Against Chief Minister: Kerala Court Grants Bail To Youth Congress Vice President KS Sabarinadhan

A Kerala court on Monday released on bail State Youth Congress Vice-President K.S. Sabarinadhan in the case related to the recent protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport.Thiruvananthapuram Principal Sessions Judge P.V. Balakrishnan allowed the bail application with conditions finding that custodial interrogation of the petitioner was...

'Important Constitutional Issues To Be Settled' : Supreme Court Mulls Larger Bench Reference In Uddhav Thackeray-Eknath Shinde Dispute

A three-judge bench of the Supreme Court on Wednesday observed that the issues arising in the petitions filed in relation to the Shiv Sena rift may have to be referred to a larger bench.A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was hearing six petitions filed by petitioners belonging to Eknath Shinde and Uddhav Thackeray factions of...

UAPA | Only Special Court/Session Court Empowered To Decide Bail Applications, Judicial Magistrate Has No Jurisdiction: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently held that only the Special Court or in the absence of a Special Court, a Sessions Court exercising powers of a Special Court, can entertain and grant/refuse bail to a person accused of an offence under the provisions of Unlawful Activities Prevention Act. It held that a Judicial Magistrate has neither the jurisdiction to...