News Updates
Forensic Science Labs Need Resuscitation: Kerala High Court Asks State To Upgrade System, FSL Reports To Be Submitted Within 3 Weeks
The Kerala High Court on Tuesday while releasing a man on bail observed that the forensic science laboratories (FSL) in the State were collapsing and required an upgrade upon noticing that the FSL report in the case was not submitted to the Sessions Court despite the passage of two years. Justice Raja Vijayaraghavan V, therefore, suggested that the State government take immediate note of the...
Copyright Suit In Bombay High Court Seeks Stay On Release Of Shahid Kapoor Starrer "Jersey"
The Shahid Kapoor starrer film – Jersey which is set to release on April 22 has hit a roadblock with a writer named Rupesh Jain filing a copyright infringement suit against the producers before the Bombay High Court. The suit is likely to be heard by Justice Riyaz Chagla for interim reliefs of a stay of the movie's release today. The respondents include producers Dil Raju,...
Call Details Sans Transcript Of Conversation Between Co-Accused Not Corroborative Without Substantive Material Against Accused: Punjab & Haryana HC
The Punjab and Haryana High Court has held that mere call details would not be considered to be corroborative material in absence of substantive material found against the accused. Holding thus, it granted bail to three petitioners in absence of substantive material found against them. The bench comprising Justice Vikas Bahl disposed of three criminal miscellaneous applications filed...
"Situation Has Undertaken A Sea Change": Delhi High Court Closes Suo Moto Case Concerning Horrific Handling Of Dead Bodies Amid COVID-19
Observing that the situation has undertaken a "sea change" since the country witnesses the second wave of Covid-19 pandemic, the Delhi High Court has closed the suo moto case registered by it concerning the way bodies were being handled by the mortuary as well as crematoriums back then.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said:"The...
"The First Step Of Turning Him Into A Hardcore Criminal Will Be Sending Him Behind Bars": Gujarat HC Grants Bail To Applicant Accused Under POCSO Act
The Bench comprising Justice AS Supehia has recently granted bail to the Applicant accused of offences under Sections 363, 366, 376(2)(n), 376(3) of the IPC and Sections 4,6 and 12 of the POCSO Act. Justice AS Supehia observed: "The first step of turning him into a hardcore criminal will be sending him behind bars. The moment he is allowed to go behind bars, the efforts to make him a...
Madras High Court To Hear Appeal Against Single Judge Order Allowing HR&CE To Take Over Ayodhya Mandapam
The Madras High Court will hear on April 21 the appeal filed against the single judge order allowing takeover of the Ayodhya Mandapam by the Hindu Religious and Charitable Endowments Department (HR&CE) and appointing a "Fit Person" to take over the administration of the temple. A Division Bench of Justice M Duraiswamy and Justice TV Thamilselvi of the Madras High Court were...
S.29A Of Consumer Protection Act, 1986 Valid; Consumer Forums Can Pass Orders Without President: Bombay High Court
The Bombay High Court recently regarded a challenge to the constitutional validity of Section 29A of the Consumer Protection Act, 1986 – whether the exercise of powers by the District Consumer Forum without the President being its party is illegal? A bench of Justices V. M. Deshpande and Amit B. Borkar answered the question in the negative. The facts leading to this...
The Dispute Between The Parties Which Arises Subsequently Can Be Proceeded In A Separate Arbitration: High Court of Delhi
The High Court of Delhi has observed that a subsequent dispute arising from the same transaction can be referred to a separate arbitration and the arbitration agreement cannot be said to be a one-time measure that cannot be invoked after an award is made in the earlier reference. The Single Bench of Justice Mukta Gupta observed that the word "all disputes" in an arbitration...
Calcutta High Court Directs IPS Officer Damayanti Sen To Oversee Probe Into 4 Recent Rape Cases In West Bengal
The Calcutta High Court on Tuesday asked IPS officer Damayanti Sen to oversee the probe in Deganga, Matia, Ingrejbazar and Banshdroni rape cases.A division bench comprising Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj observed that considering the nature of the incidents and the allegations made, a responsible senior lady police officer should be appointed to supervise...
Tax Invoices Containing Reference To Arbitration, Does Not Constitute An Arbitration Agreement: Bombay High Court
The Bombay High Court has ruled that acceptance of tax invoices by the opposite party, containing a reference to arbitration, does not lead to the presumption that an arbitration agreement exists between the parties. The Single Bench of Justice G.S. Kulkarni held that unilateral invoices cannot bring about an arbitration agreement between the parties. The respondent S...
Right Of State To Provide Reservations Unaffected By UGC Regulations: Kerala High Court
The Kerala High Court has established that the regulations notified by the University Grants Commission (UGC) that determine qualifications for selection to various posts in universities in a State do not impact the right of the State government to provide reservations for backward classes. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P stated that it did...
Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. The Single Bench of Justice A.K. Menon has further held that an objection as to the claims...