High Court Cannot Terminate The Mandate Of Arbitrator In Application Under Section 11(6) Of Arbitration Act. : Supreme Court

The Supreme Court observed that a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in section 14(1)(a) of the Arbitration and Conciliation Act cannot be decided on an application filed under section 11(6) of the Act.Such a dispute has to be raised before the "court", defined under section 2(e) of the Act.In this case, the Madhya Pradesh...

PIL In Delhi High Court Seeks To Make Health & Yoga Science Mandatory Upto 8th Standard Curriculum For Overall Development Of Children

A public interest litigation has been filed in the Delhi High Court seeking directions on the Centre and the Delhi Government to make "Health and Yoga Science" a mandatory part of curriculum up to 8th Standard for an overall development of the children as well as development of their physical & mental abilities in spirit of Section 29 of the Right to Education Act, 2009.Filed by...

[Contempt] Democratic Fabric Of Society Will Suffer If Respect For Judiciary Is Undermined: Delhi High Court

Observing that the purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law, the Delhi High Court has said that the democratic fabric of society will suffer if respect for the judiciary is undermined.Justice Subramonium Prasad observed thus:"The purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law, since the respect...

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner

Punjab and Haryana High Court while dealing with a petition filed under Section 439 CrPC by a man accused of poisoning the deceased-complainant with whom he was in a relationship, granted bail on the ground that it was a "consensual relationship" and as the investigation stands completed, the veracity of these allegations would be evaluated by the trial Court only. The investigation...

Gujarat HC Grants Custody Of 4-Yr-Old To Mother In Writ Jurisdiction, Suspends Father's Visitation Rights For 6 Months Citing Unruly Behaviour

Considering the well settled principle of paramount welfare of child, the Gujarat High Court recently exercised its extraordinary powers under Section 226 of the Constitution and granted custody of the corpus, a 4 old year boy, to his mother (Petitioner herein).The child was said to be taken away from the mother by the child's father, following a matrimonial dispute. After the judgment...

'Crime Test' & 'Criminal Test' Not Properly Applied : Supreme Court Commutes Death Sentence Of Man Convicted For Rape & Murder Of 8 Year Old Girl

Taking note of the fact that the Courts below had not given the required attention to the 'crime test' and the 'criminal test' while awarding and affirming death penalty, the Supreme Court, on Friday, commuted death sentence of an accused, who was convicted for rape and murder of a 8 year old girl-child. "…we are of the considered view that the 'crime test' and the 'criminal...

Extraordinary Power U/S 482 CrPC Can't Be Exercised At Disposal Of Affluent Accused Who Arm-Twists Law To Achieve Scrupulous Ends: Delhi High Court

The Delhi High Court has observed that extraordinary powers of High Court under Section 482 of Code of Criminal Procedure are not meant to be exercised at the disposal of the affluent accused who do not leave any stone unturned to arm-twist the law of the land and administrative machinery to achieve their scrupulous ends.Justice Chandra Dhari Singh dismissed a plea filed by Religare Finvest's...

Temple Funds Shall Not Be Appropriated For Construction Of Senior Citizen Homes: TN Govt Assures Madras High Court

In a plea seeking to quash an order issued by the Tamil Nadu government for constructing Senior Citizen Homes in Chennai, Pazhani, and Tirunelveli using excess temple funds, the Madras High Court has been assured that the scheme will not be implemented for six weeks.Advocate General R Shunmugasundaram submitted, "no appropriation from any source pursuant to the impugned G.O. will be made for...

Gyanvapi Mosque Survey Issue Listed Before Bench Of Justice DY Chandrachud

The Supreme Court on Friday directed listing of the petition filed against the survey ordered by a Varanasi court in Gyanvapi Mosque, before a bench presided over by Justice DY Chandrachud.The direction has been issued by a bench headed by Chief Justice of India NV Ramana in a special leave petition challenging a Varanasi Court's order directing the survey work to continue in the...

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case

The Calcutta High Court on Friday upheld conviction for the offence of aggravated sexual assault under Section 10 of the Protection of Children from Sexual Offences Act (POCSO Act) by opining that surrounding circumstances like the accused making the minor victim girl naked prove the culpable mental state of the accused. Justice Bibek Chaudhuri also rejected the argument that since nobody saw...

Delhi Court Takes Cognizance Of UAPA Against Human Rights Activist Khurram Parvez & Others In Terror Funding Case

A Delhi Court on Friday took cognizance under Unlawful Activities (Prevention) Act (UAPA) and other offences against Kashmiri human rights activist Khurram Parvez and others including former Superintendent of Police Arvind Digvijay Negi in connection with an alleged terror funding case.Special NIA Judge Parveen Singh of the Patiala House Courts took cognizance under sec.120B, 121 and 121A...

Right To First Refusal Cannot Be Exercised After Making A Counter-Offer To The Seller: Delhi High Court

The High Court of Delhi has held that a party cannot demand its 'Right to First Refusal' after making a counter-offer to the seller. The Single Bench of Justice Anup Jairam Bhambhani has held that when the party that has been given the right to first refusal (RoFR) makes a counter-offer, the seller becomes entitled to sell the subject goods to the third parties. The Court...