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Breaking: Actor Assault Case| Kerala High Court Judge Recuses From Hearing Survivor's Plea Alleging Foul Play In Ongoing Probe
Justice Kauser Edappagath of the Kerala High Court on Tuesday morning recused from hearing the petition moved by the survivor actress in the 2017 actor sexual assault case raising serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the 2017 actor assault case. Reports suggest that the survivor had sought for the case to be...
Parties Are Bound By Statements Made By Their Counsel In Court: Punjab & Haryana High Court
The Punjab and Haryana High Court has reiterated that parties are bound by the statements made by their counsel in Court. The observation was made while disallowing a review application filed against an order on the ground of an 'error apparent'.The bench comprising Justice H.S. Madaan held that the counsel for the applicant had not been able to point out any error apparent on the face of...
Civil Judges Selection : Supreme Court Sets Aside PSC's Rejection Of 8 Candidates For Not Producing Originals Of Certificates
The Supreme Court has set aside the decision of Bihar Public Service Commission to reject the applications of 8 candidates to the post of Civil Judge (Junior Division) on the ground that they had not produced the originals of their certificates at the time of interviews.A bench comprising Justices S Abdul Nazeer and Vikram Nath passed the order taking note of the fact that these candidates...
Must Discourage The Trend Of Filing Writ Petitions Against Public Officials Without Following Due Procedure: Madras High Court
The Madras High Court has expressed concern over the growing "trend" of filing writ petitions in High Court against the public officials, more specifically, Police officials, whenever a criminal case is registered against some persons. A bench of Justice SM Subramaniam observed that this trend should not be encouraged and whenever any litigant faces ill-treatment in a Police Station,...
Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)
Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the face of the Award or when the learned Arbitrator has misconducted himself or...
'Vande Mataram' Song Be Honoured Equally With National Anthem 'Jana Gana Mana': PIL Filed In Delhi High Court
A Public Interest Litigation has been filed in the Delhi High Court seeking a declaration that the song 'Vande Mataram' shall be honoured equally with 'Jana-Gana-Mana' thereby having equal status with it in spirit of the Statement made by the Constituent Assembly Chairman Dr. Rajendra Prasad with regard to the National Anthem, on January 24, 1950. The plea filed by Advocate Ashwini Kumar...
Temperance & Dignity In Language Absolute Essence In Pleadings Filed In Judicial Proceedings: Delhi High Court
The Delhi High Court has observed that temperance and dignity in language is of absolute essence in pleadings filed in judicial proceedings. Justice C Hari Shankar further added thus:"It is not permissible for any litigant, especially in a petition filed through Counsel, to attribute qualities such as obstinacy to a judicial forum. Courts do not pass orders based on personal predilections, but...
"Joint Family" In DV Act Means Members Living Together As Family & Not As Understood In Hindu Law : Supreme Court
The Supreme Court in the recent judgment in the case Prabha Tyagi vs Kamlesh Devi has given an expanded meaning to the expression "joint family" used in Section 2(f) of the Protection of Women from Domestic Violence Act 2005.Section 2(f) of the Act defines "domestic relationship" as "a relationship between two persons who live or have, at any point of time, lived together in a shared...
'Pious Stream Of Justice' Must Not Be Polluted: Gujarat High Court Refuses Bail To Lawyer Accused Of Cheating & Criminal Breach Of Trust
While opining that it is a matter of shame for a lawyer to be involved in serious offences of cheating, criminal breach of trust and criminal intimidation, the Gujarat High Court has refused bail to the Applicant who had allegedly eloped for 3 years with a huge amount of money during the execution of a sale deed. The Bench comprising Justice Niral R Mehta observed,"applicant being...
While Contesting Application Under Order VII Rule 11 CPC Only Contents Of Plaint Are To Be Seen: Punjab & Haryana High Court
Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order vide which the application preferred by the defendant no.1 (petitioner) under Order VII Rule 11 of the Code of Civil Procedure, 1908 in a suit for declaration of title was dismissed, held that at the time of contesting the application under Order VII Rule...
Arbitrator Cannot Rewrite Terms Of The Agreement Merely Because It Flouts Business Common Sense: Delhi High Court
The High Court of Delhi held that the arbitrator cannot re-write the terms of the agreement between the parties merely because they flout business common sense. The Single Bench of Justice Vibhu Bakhru has held that an award wherein the arbitrator re-work a bargain between the parties merely because it is commercially difficult for one party to perform the same would be...