Objection U/S 47 CPC Cannot Be Raised In Proceedings For Execution Of Arbitral Award: Allahabad High Court Reiterates

The Allahabad High Court has recently dismissed a petition under Article 227 of the Constitution of India against the rejection of objection under Section 47 of CPC at the stage of execution of arbitral award.A bench comprising of Justice Neeraj Tiwari reiterated that arbitral award is not a decree under Section 2(2) of CPC, therefore, an objection filed under Section 47 of CPC in...

Life Sentence Inadequate Only When Reform Impossible: Calcutta High Court Refuses Death Penalty For Minor's Rape & Murder Convictions

The Calcutta High Court has upheld the conviction of four persons under Section 302 and 376(2)(g) of the IPC, for the rape and murder of a minor girl in 2004.However, refusing to impose punishment of death penalty, a bench of Justices Joymalya Bagchi and Gaurang Kanth referred to Supreme Court’s decision in Bachan Singh’s case and held:It is true the appellants have perpetrated the...

[Hapur Incident] Lawyers' Strike To Continue For Two Days Starting Today: UP Bar Council

Bar Council of Uttar Pradesh, on Sunday, passed a resolution stating that lawyers will continue to abstain from work on 11th & 12th September as the State Government is not attending to the grievances of the lawyers regarding the Hapur Incident.High Court Bar Association, Allahabad and Oudh Bar Association, Lucknow have passed similar resolutions declaring that lawyers will abstain from...

Public Servants Lose Immunity In Pre-2014 Corruption Cases; Supreme Court Clarifies That Striking Down Of Sec 6A DSPE Act Has Retrospective Effect

In a significant development, a constitution bench of the Supreme Court on Monday declared that its 2014 judgment, which declared Section 6A of the Delhi Special Police Establishment Act 1946 as unconstitutional, will have retrospective effect. This means that Section 6A is held to not be in force right from the date of its insertion.Section 6A of the DSPE Act required the Central Bureau...

[Article 233] Punjab & Haryana High Court Criticises Haryana Govt For "Dragging Its Feet" In Appointing Additional & District Sessions Judges

The Punjab & Haryana High Court has questioned the Haryana government for not issuing the requisite notification for appointment of Additional District and Sessions Judges in the State. The written exam and viva for the same was concluded by the High Court in December, 2022.List of 13 judges for promotion as Additional and District Sessions Judges was sent to the State in February...

1.9 Lakh Pending Cases Settled In National Lok Adalat Held In Haryana

On 9th September, 2023, Haryana State Legal Services Authority organized its 3rd National Lok Adalat for the year 2023 across the State of Haryana. The National Lok Adalat was organized in 22 Districts and 34 Sub-Divisions of Haryana. Several cases were taken up pertaining to "Civil, Criminal, Matrimonial, Bank Recovery, MACT, petty offences, summary, traffic challan, NI Act etc."...

Summoning Special Session Of Parliament Without Disclosing Agenda To Members Is Improper : PDT Achary

Summoning a Special Session of the Parliament without revealing the agenda is improper and unprecedented, said Constitutional law expert and former Secretary General of Lok Sabha PDT Achary.He was commenting on the controversy relating to the Union Government not announcing the agenda for the special session convened for the Parliament from September 18 to 22.In an interview with LiveLaw,...

Allahabad High Court Dismisses Plea Against SIT Probe Into 'Fake' Madrasas, Upholds State's Power Under UP Board Of Madrasa Education Act

The Allahabad High Court has upheld the SIT probe into several Madrasas at Azamgarh based on powers accorded to the State Government under the Uttar Pradesh Board of Madrasa Education Act, 2004.The Court held that under Section 13 of the Act, 2004, the State was empowered to take immediate action consistent with the Act without reference to the Board in certain circumstances. It was within...

Party Has Right To Address Final Arguments Before NCDRC Despite Not Filing Written Version : Supreme Court

A Division Bench of the Supreme Court set aside the decision of National Consumer Disputes Redressal Commission, New Delhi (NCDRC), while upholding the principles of natural justice. The Court opined that although the opposite party had not filed its written version and may not have participated in the proceedings before the NCDRC, it nevertheless had the right to address final arguments...

Jammu & Kashmir High Court Quashes Detention Orders Of Prominent Clerics Moulana Abdul Rashid Dawoodi, Mushtaq Veeri

The Jammu & Kashmir High Court on Friday quashed the detention orders of two prominent clerics, Moulana Abdul Rashid Dawoodi and Mushtaq Ahmed Veeri, who were detained under the Public Safety Act (PSA) last year.Moulana Abdul Rashid Dawoodi, the leader of 'Tehreek-e-Sout-ul Auliya,' and Mushtaq Ahmed Veeri, associated with the Jamiat-Ahle-Hadees (JaH), have strong followings in the...

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?

Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling was that...

Ashok Swain Moves Delhi High Court Against Fresh Order Cancelling His OCI Card, Says Can’t Be Witch-Hunted For Views On Current Govt

Academic and writer Ashok Swain has once again moved the Delhi High Court challenging a fresh order issued by the Central government cancelling his OCI card, stating that he cannot be witch-hunted for his views on current government or its policies. The fresh order was passed on July 30 after the court on July 10 quashed an earlier similar order and asked the Centre to pass a detailed...