News Updates
Kerala High Court Allows Bail Plea Moved By CGC Accused Of Sexually Assaulting Colleague
The Kerala High Court on Friday allowed the bail application moved by Central Government Counsel Navneeth N Nath in a sexual assault case lodged against him by his colleague. Justice Bechu Kurian Thomas granted bail subject to some conditions observing that although the offences alleged against him are serious, it was improbable that he would flee from justice since he is stated to be a...
High Court Cannot Control Day To Day Affairs Of Trial Court In Exercise Of Its Reversional Power: Delhi High Court
The Delhi High Court has observed that a High Court, in exercise of its revisional power, cannot be seen as controlling the day to day affairs of the Trial Court. The Court was dealing with a plea challenging an order dated 2nd May, 2022 whereby the Trial Court had rejected the request of the petitioner for appointment of Local Commissioner.Justice Dinesh Kumar Sharma was of the view that due...
Section 8 Of A&C Act Can't Be Invoked Based On A Non-Binding Arbitration Agreement: Karnataka High Court
The Karnataka High Court has ruled that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement could not be termed as an arbitration agreement. The Single Bench of Justice Sachin Shankar Magadum held that since under the relevant clause in...
Pension Scheme Can Be Claimed From Date Of Entering Into Service, Not Date Of Approval Of Regular Appointment: Madras High Court
The Madras High Court recently observed that the relevant date while considering the pensionary benefits of Teachers would be the date on which the teacher entered into service and not the date on which the appointment was actually confirmed. Justice S. Vaidyanathan and Justice N Mala relied on the decision in V.Vasanthi v. State of Tamil Nadu wherein, on similar facts, the court had held...
Commercial Courts Act vs. CPC | Power To Condone Delay In Filing Written Statement In Commercial Suits Substantially Different: Delhi High Court
The Delhi High Court has observed that the Commercial Courts Act brings about a substantial change in the provisions relating to the period of filing of the written statement and the power of the Court to condone the delay in filing of the written statement as far as the commercial suits are concerned.Order VIII Rule 1 of CPC prescribes that written statement has to be presented within...
S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth ₹16.6 Lakh From His Property
The Gujarat High Court has refused regular bail under Section 439 of CrPC to a 66 years old man, from whose property contraband (Poppy Straw) worth Rs. 16.6 lakh was seized. Justice SH Vora observed that though the senior citizen was not at the scene of offence or in the nearby vicinity, however, since he was the property owner, Section 25 of the Narcotic Drugs and Psychotropic Substances...
POCSO Act | Delhi High Court Asks Special Courts To Grant Interim Compensation To Child Victims Without Waiting For Them To Move An Application
The Delhi High Court has observed that Special Courts must, on their own, initiate action for grant of interim compensation to child victims at the earliest, without waiting for them to file an application for the same.Justice Jasmeet Singh was dealing with a bunch of pleas wherein a predecessor bench had sought to streamline the process of supplying FIRs pertaining to commission of...
Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court
The Bombay High Court has ruled that invocation of arbitration has to be in clear terms, as specified in Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act), and that a mere reference to the claims and disputes sought to be raised by a party, and the existence of an arbitration clause, would not itself mean that arbitration has been invoked by such a party. The...
PM Cares Fund: Delhi High Court Stays CIC Order Directing IT Department To Disclose Details Of Tax Exemption Under RTI
The Delhi High Court on Thursday stayed an order of the Central Information Commission (CIC) directing the Income Tax (IT) department to provide details regarding the tax exemption granted to the PM Cares Fund in accordance with the Right to Information (RTI) Act. A single judge bench comprising of Justice Yashwant Varma observed that the issue of whether the PM Cares Fund is a public...
'ACB Failed To Consider Public Interest': Karnataka High Court "Compelled" To Monitor Bribery Case Involving Ex-Deputy Commissioner Of Bengaluru Urban
The Karnataka High Court on Thursday said that it would monitor the probe by Anti Corruption Bureau (ACB) into a bribery case involving former Deputy Commissioner of Bengaluru (Urban) as the ACB has failed to take any action in the matter despite having ample materials against him.A single judge bench of Justice HP Sandesh observed,"Having taken note of the conduct of ACB in not registering...
Plea In Delhi High Court Seeks Permission To Export Embryo To Surrogate In California
A writ petition has been moved in the Delhi High Court seeking directions to the Indian Council for Medical Research (ICMR) for issuance of a No Objection Certificate for export of human embryo to a surrogate mother abroad.The petition filed through Advocate Parminder Singh states that while the export of embryos was permissible in the prior regime as per "Guidelines for export of Embroys...