News Updates
Delhi Court Acquits CM Arvind Kejriwal, Manish Sisodia & Yogender Yadav In 2013 Criminal Defamation Case Filed By Advocate
A Delhi Court today acquitted Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and former Aam Aadmi Party leader Yogender Yadav in a 2013 criminal defamation case filed by an advocate. ACMM Vidhi Gupta Anand was of the view that the Complainant had failed to prove his case beyond all reasonable doubts and that the quality and relevancy, and not quantity of evidence, is...
Sister Can't Claim Benefit Of Compassionate Appointment In Presence Of Wife Under 'UP Dying In Harness Rules': Allahabad High Court
The Allahabad High Court has held that as per the UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, the benefit of compassionate appointment cannot be given to a sister in the presence of a wife. The bench of Justice Neeraj Tiwari observed that under the UP Dying in Harness Rules 1974 as amended by 2021 rules, a wife has the first right to a...
Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court
Observing that every pregnant female deserves dignity during motherhood, the Delhi High Court has granted three months interim bail to a pregnant undertrial prisoner who was expecting her delivery in jail. Justice Anoop Kumar Mendiratta also added that pregnancy of a woman is a special circumstance which needs to be appreciated as giving birth to a child while in custody, would not only be...
State & Judiciary Burdened For 19 Yrs: Delhi High Court Quashes 2003 Cheating FIR Based On Compromise, Imposes ₹1 Lakh Cost On Accused
Quashing a 2003 cheating FIR after settlement between parties, the Delhi High Court has imposed a cost of Rs. 1 lakh on a 77 year old accused, directing that the same be deposited in PM Cares Fund for welfare of children (PM CARES for Children Scheme).Justice Swarana Kanta Sharma quashed an FIR registered under sec. 328, 420, 467, 468, 471, 323, 506 and 120B of Indian Penal Code on the...
Allahabad High Court Explains Difference Between Inquiry Undertaken U/S 174 CrPC And Investigation Conducted U/S 157 CrPC
The Allahabad High Court recently explained the difference between the Section 174 CrPC [Police to enquire and report on suicide, etc.] and Section 157 CrPC [Procedure for investigation preliminary inquiry]. The Court emphasized that the preparation of inquest under Section 174 Cr.P.C. is in fact in the nature of inquiry, and the same cannot be equated with the investigation contemplated...
Substitution Of Arbitrator On Ground Of Bias Will Not Come Within The Scope Of Substitution Under Section 29A (6) Of A&C Act: Kerala High Court
The Kerala High Court has ruled that allegation of bias cannot be raised as a ground to seek substitution of Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice Sathish Ninan held that there is a stark difference between the substitution of an Arbitrator under Section 15(2) and the substitution of the Arbitrator...
S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court
Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset,...
Mere Reply To The Notice Of Arbitration Would Not Save The Limitation Period For Filing Counter-Claims: Orissa High Court
The Orissa High Court has held that a mere reply to the notice of arbitration would not save the period of limitation for filing the counter-claim(s). The Court held that the date on which the counterclaim is filed before the arbitrator would be the relevant date for determining the date of stopping of the period of limitation unless the respondent had issued a separate...
Insurance Ombudsman Performs Quasi-Judicial Functions While Deciding Complaints; Award Can Be Challenged Under Article 227: Bombay High Court
Observing that the Insurance Ombudsman is like a tribunal while deciding a complaint, the Bombay High Court on Thursday held that an insurance company can challenge Insurance Ombudsman's award before the High Court under Article 227 of the Constitution. "…. the adjudication of a complaint before the Insurance Ombudsman possesses all essentials of a judicial/quasi-judicial...
Copies Of 'A' Diary Of Civil And Criminal Postings In Courts Cannot Be Obtained Under RTI Act: Kerala High Court
The Kerala High Court recently, while dismissing a writ petition, held that copies of 'A' diary of civil and criminal postings in the courts could not be obtained under the Right to Information Act. Justice Murali Purushothaman observed that since copies of 'A' diary of civil and criminal posting of cases can be obtained by filing applications under rules made by the High Court, the provisions...
Sheena Bora Murder: Approver Driver Shyamvar Rai Gets Bail From Bombay HC 7 Yrs After Arrest
Shyamvar Rai, CBI's star witness in the Sheena Bora murder case was granted bail by the Bombay High Court on Saturday, nearly seven years after his arrest. Rai, who was the driver of prime accused and socialite Indrani Mukerjea was first to be arrested in the case. Subsequently he was declared an approver by the Special CBI court in 2016 and deposed as a prosecution witness. He...