Sexual Harassment Complaint Will Not Prima Facie Stand When Woman Was Wearing Sexually Provocative Dress : Kerala Court In Bail Order

While granting anticipatory bail to author and social activist Civic Chandran in a sexual harassment case, a Kerala Court observed that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses'.The 74-year-old accused had produced the photographs of the woman along with the bail application."The...

Disclosure Statement Of Co-Accused U/S 27 Evidence Act Not Legal Evidence Qua A Non-Maker Accused: Bombay High Court

The Bombay High Court has recently observed that a disclosure statement made by a co-accused under Section 27 of the Evidence Act is not legal evidence qua a non-maker accused.The bench of Justice Nijamoddin Jahiroddin Jamadar observed thus while granting bail to one Raju Jokhanprasad Gupta in a case registered against him under Section 307 of IPC [Attempt to murder].The case (as alleged)...

When Liability Admitted, Arbitration Clause Is Not A Bar To Entertain Writ Petition: Patna High Court

The High Court of Patna has held that arbitration clause is not a bar to the maintainability of a writ petition when the liability to pay is not disputed by the respondent. The Division Bench of Justice Chakradhari Sharan Singh and Justice Madhresh Prasad held that once the liability to pay is admitted by the respondent, there remains no dispute that can be referred to...

Exclusive Jurisdiction Is Good For Civil Suits, Can't Supersede The Seat Of Arbitration: Jharkhand High Court

The Jharkhand High Court has held that merely because exclusive jurisdiction has been conferred on a different court, the same cannot amount to contrary indicia and the venue of arbitration would still be the seat of arbitration. The Bench of Justice Sujit Narayan Prasad held that exclusive jurisdiction clause cannot supersede the designation of venue/seat of...

Sports Administration Not A Male Preserve, Women Presence In Sporting World Must Be Acknowledged: Delhi High Court

Observing that women participation in sporting events and their victories is as much a matter of pride and joy, as the victories of their male counterparts, the Delhi High Court has said that significant presence of women in the sporting world must be acknowledged.The Court made the observation while noting that in all its 95 years of existence, the Indian Olympic Association (IOA) never had...

Refractories Meant For Re-lining Of Furnaces Is Covered Under "Capital Goods": CESTAT Allows Customs Duty Exemption Under EPCG Scheme

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the customs duty exemption on refractories meant for re-lining of furnaces.The two-member bench of P.K. Chaudhary (Judicial Member) and P. Anjani Kumar (Technical Member) has observed that refractories meant for re-lining of furnaces, i.e., for replacement, are covered by the "means" part of...

NCLT Mumbai Initiates Insolvency Against Topworth Urja & Metals, A Topworth Group Enterprise

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Bank of Baroda v Topworth Urja & Metals Limited, has initiated Corporate Insolvency Resolution Process ("CIRP") against Topworth Urja & Metals Ltd. over a default of...

Moratorium Under Section 14 Of Insolvency And Bankruptcy Code, 2016 Is No Bar For Initiation Of Proceedings Under Section 66 Of The Code: NCLAT

The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Ashok Bhushan, Justice N Satyanarayana Murthy and Mr. Barun Mitra held that the moratorium imposed under Section 14 of the Insolvency & Bankruptcy Code, 2016 (Code/IBC) is not a bar for initiation of proceedings against the resolution professional of a company undergoing Corporate...

"Why Multiple Summons Were Issued On Same Information?": Kerala High Court Asks ED In KIIFB's Plea

The Kerala High Court on Tuesday while adjourning the plea filed by KIIFB challenging the summons issued by the Directorate of Enforcement observed that the repeated issuance of summons by the ED to the KIIFB, for producing the same documents, indicates a lack of application of mind on the part of the Investigating Agency. Justice V. G. Arun taking note of the fact that the ED had issued...

Dismissal On Locus Standi Without Opportunity To Bring On Record Documents; Violation Of Section 18 Of The A&C Act: Gauhati High Court

The Gauhati High Court has held that dismissal of the claim on the ground of locus standi without the opportunity to bring necessary documents on merit and hearing the claims on merit is violation of Section 18 of the A&C Act that provides for equal treatment for parties. The Bench of Justice Devashis Baruah was hearing an appeal against the order of the lower court passed...

Award Of Demurrage Charges Under Major Ports Act Is Not Valid When Contract Does Not Provide For Such Charges : Calcutta High Court

The High Court of Calcutta held that the arbitral tribunal cannot award demurrage charges on the basis of Major Ports Act, 1963 when the contract between the parties has no provision for such damages. The Bench of Justice Krishna Rao held that an arbitral award wherein the tribunal has awarded demurrage charges in absence of any provision in the agreement for levy of such charge would...

RTE Act | Teachers Can Be Given Election Duties Even Before Issuance Of Poll Notification: Allahabad High Court (DB)

The Allahabad High Court (division bench) has ruled that in view of Section 27 of the Right of Children to Free and Compulsory Education Act, teachers can be deployed for election duty even before issuance of the notification relating to elections to Local Body, a State Assembly or the Parliament.The bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh further ruled that the...