Order Passed Under S. 36 Of Arbitration Act Not Appealable Under S. 13 Of Commercial Courts Act: Delhi High Court

The Delhi High Court has ruled that appeal against the order of the High Court, passed under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act), is not maintainable under Section 13(1A) of the Commercial Courts Act, 2015, since it is not one of the orders enumerated under Order XLIII of the Code of Civil Procedure, 1908 (CPC), from which an appeal would lie. The...

Shahjahanpur Rape Case 2011| After 'No Objection' From State & Complainant, Allahabad HC Grants Anticipatory Bail To Chinmayanand Saraswati

The Allahabad High Court has granted anticipatory bail to former Union minister Chinmayanand Saraswati in connection with the Shahjahanpur Rape Case 2011 after the state did not oppose his bail plea. In fact, the Counsel for the complainant filed a counter affidavit stating that the complainant has no objection, whatsoever, if Chinmayanand is enlarged on anticipatory bail.#JustIn...

No Police Mock Drills Depicting Members Of A Particular Community As Terrorists: Bombay High Court

A Public Interest Litigation filed before the Aurangabad bench of the Bombay High Court seeks guidelines for police mock drills citing three mock drills where a police constable playing the role of a terrorist was dressed as a Muslim and was shouting “Nara-E-Takbeer, Allah-u-Akbar” after being arrested during the drill.“The petitioner submits that the conduct of aforesaid mock...

Pay ₹5 Lakhs To Louis Vuitton Or Face Civil Prison: Delhi High Court To Trader Who Continued To Sell Counterfeit Products

The Delhi High Court has directed a Sadar Bazar trader to pay rupees five lakhs to Louis Vuitton within four weeks or face civil prison for a week, after he was held guilty of contempt for violating a restraining order by continuing to sell counterfeit products of famous French luxury brand. Justice C Hari Shankar observed that a counterfeiter abandons any right to equitable consideration by...

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

The Kerala High Court recently held that a detention order can be invalidated on the ground that documents were not supplied to the detenu only if he can prove that prejudice was caused to him due to the non-supply of such documents. It is the obligation of the detenu to explain why such documents are relevant for issuing a detention order, the court observed. A division bench of Justice Anil...

Patna High Court Shuts 49 Brick Kilns Over Failure To Shift To 'Cleaner Technology'

The Patna High Court on Saturday directed the government to close 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.The Board had issued a Notification in December 2018 by which all brick kilns were asked to switch to cleaner technology by September 2019. More than 3,000 brick kilns...

Special Courts To Try Offences Under Rights Of Persons With Disabilities Act? Delhi High Court Appoints Sr Adv Hariharan As Amicus Curiae

The Delhi High Court has appointed Senior Advocate N. Hariharan as amicus curiae to assist it in deciding as to how can a special court be constituted to try offences under Rights of Persons with Disabilities Act, 2016. Justice Swarana Kanta Sharma also sought Hariharan’s assistance on how “speedy and fair trial” for the differently abled persons can be ensured and how “judicial...

[S.256 CrPC] Advocate's Mistake Should Not Prejudice Party's Rights: Calcutta HC Sets Aside Acquittal In Cheque Dishonour Case

Opining that the rights of a party should not be prejudiced due to an inadvertent mistake made by the advocate representing the party, the Calcutta High Court on Friday set aside an order of acquittal for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act. Justice Ananya Bandyopadhyay observed,“A mistake on the part of the learned advocate representing...

Court's Patience Should Not Be Treated As Its Weakness: Kerala High Court Warns Govt On Issue Of Unauthorized Banners In Public Places

The Kerala High Court today directed the Secretary of Industries Department to file an affidavit before 1.45 PM on Wednesday, in the matter pertaining to illegal installation of boards and banners at public places in the State. It added that on failure of the Secretary to do so, he ought to be present in person to give explanation for the same. Justice Devan Ramachandran, observed, "This...

Asking High Court To Set Aside Affidavit Filed By Opposite Party Before Another Forum ‘Preposterous’: Karnataka HC

The Karnataka High Court has termed as ‘preposterous’ a petition filed by one Cheluvraju seeking to declare an affidavit filed by the Government of India before the Central Information Commission in his application, as bad in law. The petitioner had filed an application under the Right to Information Act before the Commission seeking certain information. Following the affidavit...

Insurer Can't Claim Exemption In Absence Of Material To Show Claimant Was A 'Gratuitous Passenger': Gauhati High Court

The Gauhati High Court today upheld the order of the Motor Accidents Claims Tribunal awarding compensation to a person by holding him a ‘non-gratuitous’ passenger. The claimant was travelling in a truck, the driver of the vehicle lost control and knocked one stationary vehicle and one electric pole. The claimant sustained serious injuries on his left upper limb and subsequently...

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child.A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty dismissed the appeal filed by...