Participation In Arbitral Proceedings Does Not Constitute Waiver Of Right To Challenge Appointment Of Ineligible Arbitrator: Delhi High Court

The Delhi High Court recently terminated the mandate of a sole arbitrator appointed unilaterally at the instance of one of the contracting parties. Justice Vikram Bakhru held that the mere fact that the petitioner did not object to the appointment at the material time and participated in the arbitral proceedings, would not stand in the way of terminating the mandate of such an arbitrator, for...

Allahabad HC Orders Immediate Medical & Financial Assistance For A Mentally Retarded Lady Found Unattended

Dealing with a Public Interest Litigation (PIL) plea, the Allahabad High Court today ordered Medical and Financial assistance for a mentally retarded lady found roaming on the toads of Lucknow, unattended.The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan was hearing a PIL plea moved by one Jyoti Rajpoot with a prayer to issue appropriate directions ensuring...

Chief Minister Has Consented To Constitution Of Press Council Of Tamil Nadu: State Informs Madras High Court

A new status report has been filed by the TN Director of Information & Public Relations, V.P Jayaseelan, indicating that Chief Minister M.K Stalin has given his consent to constitute the Press Council of Tamil Nadu. The status report filed before the Madras High Court also states that the process of circulation and approval required from competent authorities for the formation of the...

'When A Woman Kills Her Progeny, There's More Than Meets The Eye' : Kerala HC Acquits Mother For Allegedly Killing 9 Yr Old Son

'God could not be everywhere and therefore he made mothers', quoted the Kerala High Court on Wednesday while reversing the trial court's conviction of a woman who was accused of killing her 9 year old son in an attempt to avenge her disturbed marital life.A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran observed that in such cases, there is often more than meets...

Dharavi Exam Cancellation Protest: Mumbai Sessions Court Grants Bail To YouTuber Vikas Phatak Aka Hindustani Bhau

A Sessions Court on Thursday granted bail to social media influencer Vikas Phatak alias Hindustani Bhau accused of instigating students of class 10 & 12 to protest against the Maharashtra Goverment's plan to conduct offline examinations.The order was passed by Addl Sessions Judge PB Jadhav.Bhau had filed the bail application against the magistrate's order refusing him bail. During...

Order XLVII CPC | Error Which Is Not Self-Evident & Has To Be Detected By Reasoning Not 'Error Apparent' For Exercising Power Of Review: Delhi HC

The Delhi High Court has observed that while seeking review of orders passed in a civil suit, the grounds mentioned in Order XLVII Rule 1 of the Code of Civil Procedure have to be satisfied. Justice Asha Menon added that a re-hearing and re-appraisal of the material on record including pleadings, would fall within the scope of an appeal and not review. "Error" has to be an error apparent on...

Tamil Nadu Govt Amends Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community

The Tamil Nadu Government has notified an amendment to the State's Subordinate Police Officers' Conduct Rules,1964 by the inclusion of Rule 24-C, prohibiting police officers from harassing LGBTQIA+ persons. The amendment was notified in the Tamil Nadu Government Gazette by exercising the powers conferred by Section 8 of the Tamil Nadu District Police Act, 1859 and Section 9 of the Chennai...

Accused Must Have Knowledge Of Victim's Caste To Be Prosecuted For Offences Under SC/ST Act: Gujarat High Court

The Gujarat High Court has held that to prosecute a person under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must be established that the accused had knowledge of the victim's caste."If we refer Section 3(5) (A) of the Act, it must be within knowledge of the accused person that such person is a member of Schedule Caste or Schedule Tribe or such...

Madras High Court Pulls Up BJP Functionary Syed Ibrahim For Deliberate Suppression Of Facts, Imposes 10K Cost

Madras High Court has reprimanded BJP functionary Syed Ibrahim for deliberately suppressing material facts regarding a prohibitory order against campaigning in a sensitive area with regards to the Tamil Nadu Urban Local Body Polls.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy noted that the petitioner resorted to 'twist the facts' in the...

Malicious Falsehood Can't Become Freedom Of Speech, Care To Be Exercised To Avoid Denigration Of Competitor's Goodwill While Advertising: Delhi HC

Observing that malicious falsehood cannot become freedom of speech, the Delhi High Court has observed that care is to be exercised in order to avoid disparagement of another's products or denigration of the goodwill and reputation built by a competitor while engaging in advertising one's own products."While some latitude is to be given for hyperbole and commendatory expression for oneself with...

POCSO Act Not Intended For Teenagers' Romantic Affair: Allahabad HC Grants Bail To Man Who Married 14-Yr-Old Victim

The Allahabad High Court recently granted bail to a POCSO Accused who ran away with a 14-year-old girl (victim) due to a romantic affair between them. The Court noted that both of them fled away, got married in a Temple, and remained in company with each other for almost two years during which the girl even gave birth to a baby.The Bench of Justice Rahul Chaturvedi also remarked that it would...

'Election Candidates Not To Affix Posters On Public/ Private Property Without Permission': Madras High Court

Madras High Court has given a strict mandate not to affix posters of election candidates on the walls of public and private property without proper permission with regards to the upcoming Tamil Nadu Urban Local Body Polls. The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy has also warned the candidates who violate the provisions of Tamil Nadu...