News Updates
Prosecutrix Travelling & Enjoying Hospitality Of Accused After Alleging Rape Belies The Allegations: Gujarat High Court Grants Bail
The Gujarat High Court recently granted bail to a man accused of participating in gang-rape of the prosecutrix, after noting that the latter was on very friendly terms with the accused and even after levelling such grave allegations, she had been travelling with him and had been enjoying his hospitality.Justice Rajendra Sareen observed,"The facts narrated hereinabove prima facie reveal that...
District Collectors Will Be Answerable For Accidents Caused By Road Potholes ;Principles Of Constitutional Tort Will Apply : Kerala High Court
The Court further added that the Government of India and in particular, the Ministry of Road Transport have a specific role to play, particularly with respect to Constitutional Tort principles when someone is killed or injured in an accident on National Highway.
NCLAT Reprimands Haryana Excise And Taxation Department For Its Casual Attitude
The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Jain and Dr Alok Srivastava expressed its displeasure towards the casual attitude of the Haryana Excise and Taxation Department in pursuing the case before the NCLAT. The Bench remarked that the excise and taxation department is claiming an amount of Rupees 62.87 Crores in the appeal...
Conduct Of The Parties Can't Substitute Arbitration Agreement: Calcutta High Court
The Calcutta High Court has held that the Court while exercising powers under Section 11 of the A&C Act is bound to examine the existence of the arbitration agreement, in absence of the agreement, it cannot refer the parties to arbitration merely because the respondent did not raise objections. The Bench of Justice Bebangshu Basak held that the conduct of the parties is...
Bhima Koregaon Accused Arun Ferreira Approaches Bombay High Court For Default Bail
Activist Arun Ferreira, an accused in Bhima Koregaon - Elgar Parishad case, has approached the Bombay High Court seeking default bail. Ferreira's plea was listed before a division bench of Justices Revati Mohite Dere and Sharmila Deshmukh on Friday, however, Justice Dere has already recused from hearing any matters in the case. In the criminal appeal under section 21(4) of the...
Banker's Certificate Not Mandatorily Required To Trigger CIRP Under Section 9 Of IBC: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal in M/s Quippo Infrastructure Limited v M.R. Nirman Private Ltd., has held that a Banker's Certificate is not mandatorily required to trigger Corporate Insolvency Resolution Process...
Justice Revati Dere Of Bombay High Court Recuses From Hearing A Plea Connected To 2008 Malegaon Blast Case After Accused Objects
Bombay High Court Judge, Justice Revati Mohite Dere recused from hearing a plea in connection with the Malegaon 2008 Blast case after the petitioner raised an objection and stated that Justice Dere had represented the prosecution against a co-accused in 2011. "Not before the Bench of which Justice Revati Mohite Dere is a member," the court's order read. The bench comprising...
State Moves Kerala High Court Against Bail Granted To Civic Chandran In Sexual Harassment Case
The Kerala Government has moved the Kerala High Court challenging the anticipatory bail granted to the author and social activist Civic Chandran in a sexual harassment case filed by a Dalit Writer. The Kerala State Government has approached the Kerala High Court through Additional Public Prosecutor challenging the anticipatory bail granted to Writer-Activist Civic Chandran, citing that the...
Award Passed By An Arbitrator Who Doesn't Have Qualification As Per Agreement Is Non-Est: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that if the agreement between the parties provides for certain qualifications of an arbitrator, then the appointment must be made in accordance with those qualifications only. The Bench of Justice Subodh Abhyankar further held that an application filed under Order 7 Rule 11 of CPC challenging the jurisdiction of the arbitrator is to be treated...
Orissa High Court Orders ₹10 Lakh Compensation For Death Of 7-Year-Old Girl In School Kitchen Wall Collapse
The Orissa High Court has ordered to pay a compensation of Rs. 10 Lakhs to the father of a 7-year-old daughter who died after a kitchen side wall within the school premises collapsed.The bench of Chief Justice S. Muralidhar observed that the death of the girl was totally unnecessary and avoidable and it would not have occurred if all the safety measures, that were instructed to be put in place...
Maintenance Petition U/S 125 CrPC Covered By Res Judicata; Party Claiming Change In Circumstance Can't File Fresh Plea But Move U/S 127 CrPC: Delhi HC
The Delhi High Court has observed that whenever a party claims a change in circumstance after an order granting maintenance has been passed under Section 125 CrPC, the appropriate recourse would be seeking relief under Section 127 of the Code, not filing a fresh petition under Section 125 of the Code. Laying emphasis on the doctrine of res judicata, Justice Swarana Kanta Sharma observed that...