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...

5 Reasons Why Striking Down Marital Rape Exception Will Not Create A New Offence : Justice Rajiv Shakdher Explains

Delivering a split verdict while disposing of a bunch of pleas seeking criminalisation of marital rape, Justice Rajiv Shakdher of Delhi High Court, who ruled in favour of striking down the marital rape exception, has observed that striking down the marital rape exception would not result in creation of a new offence.The judge was responding to the respondents' argument that the striking down...

Bonafide Mistake In Selection Of Wrong ODC Vehicle Type While Generating E-Way Bill: Gujarat High Court Quashes Detention Order

The Gujarat High Court has quashed the detention order as there was a bonafide mistake in the selection of the wrong ODC vehicle type while generating the e-way bill.The division bench of Justice J.B. Pardiwala (as then was) and Justice Nisha M. Thakore observed that the goods were in transit with all the necessary documents, including the E-way bill generated from the GST portal....

A Convicted Prisoner Has No Fundamental Or Statutory Right To Be Released Prematurely: Madras High Court

The Madras High Court has reiterated that a convicted prisoner has no fundamental or statutory right to be released prematurely. The court was considering a petition filed by the mother of a life convict Hariharan challenging the Government order rejecting his premature release. The bench of Justice P.N Prakash and Justice A. A Nakkiran observed that once material is shown to exist,...

Confiscation Of Goods By The Customs Dept. For More Than Two Years Without Any Fault Of Assessee: CESTAT Waives Of Detention And Demurrage Charges

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) and C.J. Mathew (Technical Member) held that as the goods were lying under seizure and subsequent confiscation by the Customs Department for more than two years, for no fault of the appellant/assessee, a grant of waiver of detention and demurrage charges...

Forced Sex By Husband On Wife Should Be Labelled Rape; Right To Withdraw Consent Part Of Woman's Right To Life & Liberty : Justice Rajiv Shakdher On Marital Rape

"To my mind, self-assured and good men have nothing to fear", Justice Shakdher said.

Sufficiency Of The Correctness Of Material Is Not To Be Considered While Issuing Reassessment Notice: Delhi High Court

The Delhi High Court held that the court was only required to see whether there was prima facie some material on the basis of which the department could reopen the assessment. The sufficiency of the correctness of the material cannot be considered while issuing the reassessment notice. The division bench of Justice Manmohan and Justice Dinesh Kumar Sharma observed that the courts...

Orissa High Court Directs State To Pay Rupees 10 Lakhs Compensation To Parents Of Boy Who Died By Falling In Drain During School Hours

The Orissa High Court has ordered compensation of rupees ten lakhs to parents of a boy who died by falling into a drain during school hours. A Single Judge Bench of Justice Arindam Sinha observed, "The students coming from rural background were used to defecate in the open. In spite of toilet being available in the school premises, the teacher allowed the students to go outside...