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Gravity Can Only Beget Length of Sentence: Himachal Pradesh High Court Grants Bail In A Case For Misappropriation Of Government Scholarship Scheme Funds
The Himachal Pradesh High Court has recently held that even if there strong evidence about a socio-economic offence of serious magnitude, 'gravity can only beget length of the sentence' provided in law after the trial. Granting bail in a case of misappropriation of a government scholarship fund Justice Jyotsna Rewal Dua noted that, "Grant of bail cannot be thwarted merely by asserting...
Arbitral Tribunal Framing An Issue Which Was Already Decided During Interim Award, Writ Maintainable :Meghalaya High Court
The High Court of Meghalaya has held that a writ petition is maintainable against an order of the arbitral tribunal framing issue in respect of a claim that has finally been decided in the interim award. The Single Bench of Justice H.S. Thangkhiew has held that an arbitrator would be acting without jurisdiction if it frames an issue qua a claim that has already been decided in...
Blacklisting Of Tablighi Jamaat Members: Supreme Court Suggests Petitioners To Make Individual Representations To Govt.
As regards the blacklisting of almost 3500 persons in connection with the Tablighi Jamaat congregation, the Supreme Court on Wednesday orally remarked that the petitioners may consider the government's suggestion to make a representation for individual cases for a re-think on their own merits, as there may be scope of a resolution as regards deserving cases if not all.On May 5, SG Tushar...
Court Cases- Rajya Sabha MP P Wilson Writes To Union Health Minister To Postpone NEET PG 2022 Exams
Mr. P Wilson, Senior Lawyer, and Rajya Sabha MP recently wrote to the Union Minister for Health and Family Welfare Mansukh Mandaviya requesting to postpone the NEET PG 2022 Examinations by at least 6 to 8 weeks thereby allowing students sufficient time to prepare and appear for these exams.Mr. Wilson discussed how the process of admissions through NEET PG 2021 was delayed due to the pendency...
Refusal To Delete Name Of A Party From The Arbitral Proceedings Is Not The Rarest Of Rare Case To Invoke Writ Jurisdiction : Orissa HC
The High Court of Orrisa has held that a writ petition is not maintainable against an order of the arbitral tribunal refusing to delete the name of a party from the arbitration. The Single Bench of Justice Arindam Sinha has held that to invoke the writ jurisdiction in an arbitration matter, the aggrieved party has to show that it is a 'rare of the rarest cases' and the interference...
Section 65-B Of Indian Evidence Act Does Not Apply To Arbitral Proceedings: Delhi High Court
The High Court of Delhi has held that Section 65-B of the Indian Evidence Act, 1872 does not apply to arbitral proceedings. The Single Bench of Justice Vibhu Bakhru held that although the principles of the Evidence Act usually apply, sensu stricto, the specific provisions of the Act do not apply. The Court further held that an objection as to the non-compliance with...
Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable And Perverse: Delhi HC
The Delhi High Court has ruled that abrupt issuance of orders by the Arbitral Tribunal terminating the arbitral proceedings under Section 25 (a) of the Arbitration and Conciliation Act, 1996 (A&C Act), without holding any hearing and without issuing any show cause notice, is unsustainable and suffers from perversity of approach. The Single Bench of Justice Prateek Jalan held that...
Supreme Court To Fix Standards For Arbitrators' Fees; Reserves Judgment
The Supreme Court on Wednesday reserved judgment on the issue of fixation of standards for fees for arbitrators. The bench of Justices D. Y. Chandrachud, Sanjiv Khanna and Surya Kant reserved the same while considering the issue regarding the mandatory nature of the 'model' fee scale for arbitrators prescribed under the Fourth Schedule of the Arbitration and Conciliation...
Striking Down Marital Rape Exception Will Result In Creation Of New Offence: Justice C Hari Shankar Differs With Justice Shakdher
Delivering a split verdict in pleas seeking criminalisation of marital rape, Justice C Hari Shankar of Delhi High Court, who ruled against striking down the marital rape exception (exception 2 to Section 375 of the Indian Penal Code), held that striking down the same would result in creation of an offence.Justice Shankar thus did not agree with the observations made by Justice Shakdher who...
Perarivalan Case : Could Tamil Nadu Governor Refer Decision Of State Cabinet To President?Supreme Court Reserves Judgment
The Supreme Court, on Wednesday, reserved judgment in a plea filed by A.G. Perarivalan, the life convict in the Rajiv Gandhi assassination case, seeking release from the prison based on the recommendation made by the State Government in September 2018. A Bench led by Justice L. Nageswara Rao clarified that the judgment so reserved is limited to the issue - whether the Governor...
Assumption That Wife Forced To Have Sex With Husband Feels Same Degree Of Outrage As Woman Raped By Stranger Is Unrealistic : Justice Hari Shankar
Delivering a split verdict in pleas seeking criminalisation of marital rape, Justice C Hari Shankar of Delhi High Court, who upheld the constitutional validity of marital rape exception (exception 2 to Section 375 of the Indian Penal Code), held that there is no inherent fundamental right in the wife to have her husband convicted for rape, relatable to Article 21, 19 or any other Article in...