News Updates
Inordinate And Unexplained Delay In Rendering Arbitral Award Is Against Public Policy Of India: Delhi High Court
The Delhi High Court has ruled that inordinate and unexplained delay in rendering the arbitral award is in conflict with the public policy of India and is amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice Vibhu Bakhru held that award of damages arbitrarily and without any basis also falls foul of the...
No Excuse For Not Paying GST In Time From Its Electronic Cash Register: Madras High Court Upholds Interest Demand
The Madras High Court bench of Justice C. Saravanan held that the taxpayer is liable to pay interest if there is a belated payment of tax declared in the returns filed. The petitioner was issued with a notice by which a sum of Rs. 6,58,233/- was demanded from the petitioner as interest payable under Section 50(1) of the CGST Act, 2017 read with Notification dated...
Madras High Court Exempts Lawyer From Wearing Black Gowns During Summer Vacation
Chief Justice Munishwar Nath Bhandari of Madras High Court has dispensed with wearing black gown by lawyers while appearing in court during the Summer Vacation 2022. However, all the advocates were requested to wear collar bands and black coats. The Chief Justice made the above order on 5th May 2022 considering the request of the members of the bar. The Chief Justice had previously dispensed...
'Archaic Law': Calcutta HC Recommends Amendments To CrPC To Allow Trial In Absentia Of An Absconding Accused To Secure Rights Of Sexual Abuse Victims
The Calcutta High Court on Friday has recommended that appropriate amendments be made to the Code of Criminal Procedure (CrPC) for incorporating provisions for trial in absentia of an absconding accused for better administration of justice and to prevent the loss of valuable evidence due to death of a witness. It set aside, as per the existing law, a lower court order that allowed deposition of...
Patna High Court Stays Arrest Of Former Vice Chancellor Of Magadh University In Corruption Case
Patna High Court has given immediate relief to former Vice Chancellor (VC) of Magadh University, Rajendra Prasad alias Dr. Rajendra Prasad, in a corruption case and has stayed his arrest till May 9, 2022. While hearing the anticipatory bail petition filed by Dr. Rajendra Prasad, the Single Bench of Justice Ashutosh Kumar ordered, "Till the next date (9th May) of hearing of...
Rajasthan High Court Issues Notice On Plea Challenging Mandatory Publication Of "Notice Of Intended Marriage" Under Special Marriage Act
The Rajasthan High Court has issued notice on a plea filed by an inter-faith couple, seeking to declare Sections 6(2) and 6(3) of the Special Marriage Act, 1954 as directory in nature, so far as the same provide for publication of written notice of intended marriage, submitted under Section 5 of the Special Marriage Act, 1954. The plea also sought to declare Sections 7 & 8 of...
Calcutta High Court Orders Videographed Post Mortem Of Dead BJP Worker In Presence Of CJM, Grants Police Protection To Kin
The Calcutta High Court on Friday directed that the post mortem examination of deceased BJP worker Arjun Chowrasia should be conducted at the Command Hospital, Kolkata by a team of experts and in the presence of Chief Judicial Magistrate, South 24-Parganas. Videography of the post-mortem examination was also ordered to be conducted. According to reports, the deceased, identified as...
Twitter Can Suspend User Account Only If Majority Content Posted Is Unlawful: Centre Tells Delhi High Court In Sanjay Hedge's Case
In the petition filed by Senior Advocate Sanjay Hegde seeking restoration of his suspended Twitter account, the Centre has told the Delhi High Court that the platform can take the extreme step of suspending the user account only in cases where the majority of the contents posted by such account are unlawful."Only in cases where the majority of the contents/posts/tweets in a user...
"Sure It Is Illegal": Bombay High Court Stops Work Of Powai Cycling & Jogging Track, Directs Restoration
In a huge setback for the civic body, the Bombay High Court has held that the ongoing work for the cycle and jogging track around the Powai lake is illegal and directed restoration of the reclaimed land. According to the petitions filed by IITB PhD student Omkar Supekar and NGO Vanashakti the work for the cycle track was violative of the Wetlands (Conservation and Management) Rules, as...
Andhra Pradesh High Court Monthly Digest: April, 2022
Nominal Index N. Gopinath v. The State of Andhra Pradesh, 2022 LiveLaw (AP) 46 Lance Naik Korrapati Kishore Kumar v. The State of Andhra Pradesh, 2022 LiveLaw (AP) 47 Sri Madarnanchi Rama Swamy Dharmasatram Private Trust v. The State of Andhra Pradesh, 2022 LiveLaw (AP) 48 M/s. Sree Constructions, v. The Assistant Commissioner (ST), 2022 LiveLaw (AP) 49 Dommaraju Vinay...
Object Of Bail Merely To Secure Attendance: Delhi High Court Grants Bail To Law Student In Rash Driving Case
The Delhi High Court has observed that the object of bail is to secure the attendance of the accused at the trial and is not to be withheld as a punishment. A single judge bench comprising of Justice Anoop Kumar Mendiratta added that though the possibility of evidence being tampered or the witnesses being influenced has also to be kept in perspective, however, one single circumstance, cannot...