News Updates
Woman Entitled To Termination Of Pregnancy In Rape Cases, Has Right To Say 'Yes' Or 'No' To Being A Mother: Delhi High Court
The Delhi High Court has observed that denying a woman the right to medical termination of pregnancy in sexual assault cases and imposing the responsibility of motherhood on her, would amount to “denying her the human right to live with dignity” as she has a right in relation to her body including the right to say “yes or no” to being a mother.Observing that section 3(2) of the...
After Adoption Of Swiss Challenge Method, RA Not Allowed To Submit Revised Plan: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Jindal Stainless Ltd. v Mr. Shailendra Ajmera & Anr., has held that after adoption of Swiss Challenge Method to find out the best plan, one Resolution Applicant cannot be...
District Consumer Forum Directs Telangana State Road Transport Corporation To Pay Compensation For Deficiency In Service
The Hyderabad District Consumer Commission – I directed Telangana State Road Transport Corporation to Refund the amount paid by the complainant to acquire an alternate bus service along with compensation for mental agony caused and the cost of litigation. The bench comprising Justice B. Uma Venkata Subba Lakshmi as the president and Mrs. C. Lakshmi Prasanna and Mr. R Narayana...
In Rape Cases With Pregnancy Exceeding 24 Weeks, Produce Victim Before Medical Board On Same Day: Delhi High Court Issues Guidelines To Police
The Delhi High Court has issued guidelines to the Investigating Officers to be followed in rape and sexual assault cases where victim's pregnancy exceeds 24 weeks.Justice Swarana Kanta Sharma directed that at the time of medical examination of a victim of sexual assault, it will be mandatory to conduct a “Urine Pregnancy Test”.The court further said that when the victim, who is major and...
No Condonation Beyond 45 Days, IBC Overrides Limitation Act : NCLAT Chennai
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in M/s. Platinum Rent A Car (India) Pvt. Ltd. v M/s. Quest Offices Limited, has held that Section 238 of IBC overrides Section 12 of the Limitation Act, 1963. The Bench declined...
2007 'Provocative' Speech Case Against Azam Khan: Allahabad High Court Sets Aside UP Court's Order Taking Cognizance
In a partial relief for former Uttar Pradesh Cabinet Minister and Senior Samajwadi Party Leader Azam Khan, the Allahabad High Court has set aside an order of the Firozabad Court taking cognizance of offence under Section 153-A IPC in the 2007 'provocative' and 'communal' speech case.The bench of Justice Dinesh Kumar Singh observed that the offence under Section 153-A IPC is a serious offence,...
Resort To Resolve Disputes Internally Before Filing Section 11 Application Under A& C Act: Delhi High Court
The High Court of Delhi has held that an application for the appointment of an arbitrator under Section 11 of the A&C Act would be premature if it is filed without compliance with the pre-arbitration internal dispute resolution mechanism stipulated under the agreement. The bench of Justice Navin Chawla held that when the agreement provides for a multi-tier dispute...
Telangana HC Directs State Govt To Hold Republic Day Celebrations As Per Centre's Guidelines
The High Court of Telangana on Wednesday passed an interim order directing the state government to conduct Republic Day celebrations tomorrow as per the guidelines issued by the Government of India. Republic Day being a National Festival, has to be celebrated with national fervor, grandeur, gaiety and enthusiasm, the Court observed.The directions were passed by a bench comprising Justice...
Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB
The Allahabad High Court recently granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath.The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and the that he is in jail...
Reference Under Section 18(1) Of MSMED Act Would Override Arbitration Agreement Between Parties: Bombay High Court
The Bombay High Court has ruled that once reference under Section 18(1) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is made and the Facilitation Council is in the process of commencing arbitration under Section 18(3), the application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of arbitrator cannot...
NCDRC Directs DLF Homes Panchkula To Pay A Hefty Compensation For Delay In Handing Over Possession
The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the president and Dr. Inder Jit Singh as member directed DLF Homes Panchkula to pay to the complainant delay compensation at an interest of 6% p.a. from the committed date of possession till the date of offer of possession. The bench was hearing a batch of complainants against the...
Credible Eyewitness Account Be Given Precedence Over Medical Account In Case Of Any Contradiction: Punjab & Haryana High Court
The Punjab and Haryana High Court recently held that the credible eye witness account "is to be assigned preponderance and precedence" over the medical account in case of contradiction between the two.The court also said that the effect of minimal digressions or contradictions between the previously made statements in writing by the eyewitness and "his echoings in his testification...