Madras High Court Weekly Round-Up: February 20 To February 26 2023

Citations: 2023 LiveLaw (Mad) 57 To 2023 LiveLaw (Mad) 66 NOMINAL INDEX Jay Shah v. The Commissioner of Police and others, 2023 LiveLaw (Mad) 57 M/s Galatea Limited v. The Registrar General and others, 2023 LiveLaw (Mad) 58 Lakshmanan v. The Secretary SHRC, 2023 LiveLaw (Mad) 59 Shankar @ Savukku Shankar v. State and others, 2023 LiveLaw (Mad) 60 C.Ve. Shanmugam...

Order Passed Under Section 11 Of The Arbitration And Conciliation Act Cannot Be Reviewed: Calcutta High Court

The High Court of Calcutta that the A&C Act is a complete code in itself and it does not contain any provision for the review of an order passed under Section 11 of the Act. The Bench of Justice Shekhar B. Saraf held that power of review is a creature of statute and unlike the Supreme Court which has inherent power of review under Article 137 of the Constitution of India, no...

Kerala High Court Weekly Round-Up: February 20 To February 26, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 89-101]Kottayam Municipality & Anr. v. The Chairperson, Kerala State Human Rights Commission & Ors. 2023 LiveLaw (Ker) 89State of Kerala rep. by the Addl. Secretary to the Government v. The Chancellor, 2023 LiveLaw (Ker) 90Anilkumar & Anr. v. State of Kerala, 2023 LiveLaw (Ker) 91Gireesh V Antony, 2023 LiveLaw (Ker) 92Southern Railway V M...

Arbitration Under Section 42 Of Special Economic Zones Act, 2005 Would Override A Contractual Arbitration Clause: Telangana High Court

The High Court of Telangana has held that arbitration under Section 42 of the Special Economic Zones Act, 2005 would override a contractual arbitration clause entered into between the parties. The bench of Chief Justice Ujjal Bhuyan held that Special Economic Zones Act, 2005 is a special legislation and Sections 42 and 51 of the Act gives it an overriding act over other acts and...

Regional Colloquium on JJAct, Pocso Act And Drug Abuse Organised By Kerala HC Passes Resolution For Immediate Steps for Dispensation of Justice and Rehabilitation of Victims

The Regional Colloquium on Juvenile Justice Act,2015, PoCSO Act and Drug Abuse among Children organized by the High Court of Kerala entered its second and final day on Sunday. The Colloquium was organised to sensitise various stake holders of the justice delivery system handling cases involving children under different acts at various levels. Justice C T Ravikumar, Judge, Supreme...

NEET UG : Madras HC Criticises Student For Claiming Dual Nativity, Calls Upon Centre And College To Decide About His Admission

The Madras High Court recently came down heavily upon a student for claiming admission both as a native of Puducherry and Kerala. The court added that the student had filed a false declaration while securing admission to JIPMER Puducherry by submitting that he had not claimed the benefit of residence in any other State. Justice CV Karthikeyan held that by doing so, he had denied...

[Tripura Panchayat Act] Essential To Communicate Party Whip Prior To Election Process, Mere Reading Of Whip Not Sufficient: High Court

Setting aside a declaration in terms if which the petitioners had earned disqualification and thereby ceased to be a member of the gram panchayat, the Tripura High Court recently observed that it is essential to communicate party whip prior to the commencement of the election process. Mere reading loudly of the whip does not come within the purview of the Tripura Panchayat Act and the...

Waqf Tribunal Cannot Insist On Deposit Of Cost For Issuing Notice: Gujarat High Court

The Gujarat High Court has held that there is no procedure under Gujarat State Waqf Tribunal (Procedure) Rules, 1998 by which the Gujarat State Waqf Tribunal can insist on deposit of cost for issuing notice on a petition filed before it.It was the petitioner’s case that the petitioner’s forefathers had donated the land to the respondent No.2 for constructing ‘Musafir Khana’ for...

Artist's Freedom Of Speech Cannot Be Disturbed Lightly : Justice Sanjay Kishan Kaul

Speaking at the Hindu Lit for Life Event in Chennai, Supreme Court Judge Justice Sanjay Kishan Kaul said that in our constitutional scheme, the freedom of speech and expression weighs overwhelmingly in favour of the artist and cannot be disturbed lightly."In these uncertain and deeply polarised times there is a pressing need to rediscover and retain our public spaces, to facilitate...

[S.68 Forest Act 1927] When Offence Is Compounded, Seized Property Should Be Returned To Accused On Payment Of Compoundable Amount: Madras High Court

While directing the Forest Range Officer to return a gun to a man accused under the Wildlife Protection Act, Justice V Sivagnanam of the Madras High Court noted that under Section 68 of the Forest Act 1927, when an offence is compounded, the person accused should be discharged and the property seized should be released. Section 68 of the Forest Act empowers a Forest officer to accept...

[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court

The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional (Resident Medical Officer (RMO)) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench...

Attacks On Politicians Who Do Not Subscribe To Separatists Ideology Still Prevalent In Kashmir Valley: High Court

Observing that the incidents of attacks on main-stream politicians and the people who do not subscribe to the separatists ideology are still taking place in Kashmir Valley, the Jammu and Kashmir and Ladakh High Court on Thursday allowed an application filed by former health minister Shabir Ahmed Khan seeking transfer of criminal proceedings against him from a court in Srinagar to a...