Application Under Section 9 Of The A&C Act For Pre-Award Relief Can Be Filed In A Court Where The Assets Of The Respondent Are Located: Delhi High Court

The High Court of Delhi has held that an application under Section 9 of the A&C Act for pre-award relief can also be filed before the Court where the assets of the respondent are located. The Bench of Justice Sanjeev Narula held that the Court for the purpose of Section 9 application in a foreign seated arbitration would be as provided under Section 47 of the...

"Minor Girl Living With Accused As His Wife": Meghalaya High Court Quashes POCSO Case Adopting A 'Pragmatic' Approach

The Meghalaya High Court recently quashed FIR and criminal proceedings in a POCSO case registered against a man as it noted that the accused man and victim-wife (a minor) were living with each other as husband and wife.The Bench of Justice W. Diengdoh stressed that though POCSO Act punishes the act of sexual penetration inflicted upon a minor, yet, if other attending factors such as a case...

CPC Contemplates Execution Of A Foreign Decree And Not An Order: Delhi High Court

The High Court of Delhi has held that remedy before the foreign arbitral tribunal would not be inefficacious when the bulk of the assets of a party are located in India as the interim order in a foreign-seated arbitration is not enforceable under the A&C Act. The Bench of Justice Sanjeev Narula also held that an interim award passed in arbitration with seat in India is...

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case (which took place in July 1980).The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment...

Rajasthan High Court Issues Notice On Law Student's PIL Seeking Directions To Stop Sale, Use, Consumption & Possession Of E-Cigarettes

The Rajasthan High Court at Jaipur has issued notice on a public interest litigation seeking directions to the central and state governments to effectively implement the provisions of Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019 and to stop sale, use, consumption, possession...

S.143A NI Act | Interim Compensation Cannot Be Granted Without Giving An Opportunity Of Hearing To Accused: Karnataka High Court

The Karnataka High Court has said under Section 143-A of the Negotiable Instruments Act, the court can direct payment of interim compensation even without the complainant making an application praying for the same, but not without following principles of natural justice. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Himanshu Gupta and quashed the...

In-Flight Protest Against Chief Minister: Kerala Court Grants Bail To Youth Congress Vice President KS Sabarinadhan

A Kerala court on Monday released on bail State Youth Congress Vice-President K.S. Sabarinadhan in the case related to the recent protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport.Thiruvananthapuram Principal Sessions Judge P.V. Balakrishnan allowed the bail application with conditions finding that custodial interrogation of the petitioner was...

UAPA | Only Special Court/Session Court Empowered To Decide Bail Applications, Judicial Magistrate Has No Jurisdiction: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently held that only the Special Court or in the absence of a Special Court, a Sessions Court exercising powers of a Special Court, can entertain and grant/refuse bail to a person accused of an offence under the provisions of Unlawful Activities Prevention Act. It held that a Judicial Magistrate has neither the jurisdiction to...

Orissa High Court Comes Down Heavily On Two Magistrate Courts For Their Inaction Resulting In '9 Yrs Delay' In Remand

The Orissa High Court has come down heavily on two Courts of Sub-Divisional Judicial Magistrates ('SDJM') for their apparent inaction/negligence, which resulted in about 'nine years' delay in grant of custody of accused to the investigating agency. Notably, the accused stayed in custody for all these years in connection with another case and his application for grant of bail was...

Gross Abuse Of Court's Process: Kerala High Court Dismisses Two Petitions With Exemplary Cost

The Court noted that the sole purpose of the petitioners was to stall the criminal proceedings pending before lower courts

If Number Of Qualified Applicants Disproportionately Exceed Vacancies, Selection Committee May Shortlist Candidates Based On Rational Criteria: Kerala HC

The Kerala High Court on Tuesday ruled that a Selection Committee constituted to nominate a suitable candidate for a post can shortlist qualified applicants to trim down the number of such eligible applicants, provided the criteria for shortlisting do not eliminate candidates for not having qualifications that were never notified earlier.A Division Bench of Justice A.K Jayasankaran Nambiar...

Child Labour: Rajasthan High Court Issues Notice To Centre On PIL To Institutionalise Rescue & Rehabilitation Mechanism

The Rajasthan High Court has permitted impleadment of the Centre's Labour Department in a PIL seeking to institutionalise a 'rescue and rehabilitation mechanism' for all child labourers in the State.A Division Bench comprising Chief Justice SS Shinde and Justice Anoop Kumar Dhand allowed the application filed by petitioner, Advocate Gopal Singh Bareth. It ordered,"Petitioner who appears in...