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Party That Accepts and Acts Upon an Arbitral Award Cannot Challenge It After Execution Proceedings Begin: Delhi High Court
The Delhi High Court has dismissed a petition challenging an interim arbitral award after holding that the challenge was filed beyond the statutory limitation period prescribed under Section 34 of the Arbitration and Conciliation Act, 1996. The Court observed that a party which had accepted the arbitral award, acted…
Foundational Defects in Institution of Suit Cannot Be Cured Subsequently to Validate the Proceedings: Telangana High Court
The Telangana High Court has held that a party cannot remove or cure a foundational defect in the institution of a suit by producing a subsequent board resolution at a later stage of the proceedings. The Court ruled that while procedural defects may be corrected, a defect affecting the very authority to institute a…
Completion of Recruitment Process During Pendency of Challenge Cannot Be a Ground to Dismiss Plea: Rajasthan High Court
The Rajasthan High Court has held that a writ petition challenging a recruitment process cannot be dismissed merely because more than six months have passed or because subsequent recruitment processes have already been completed. The Court observed that a litigant cannot be made to suffer due to delay in disposal of a…
Reliable Testimony of Witness Cannot Be Discarded Solely Due to Relationship With Victim; Murder Conviction Upheld: Allahabad High Court
The Allahabad High Court has held that the testimony of eyewitnesses who are close family members of a murder victim cannot be discarded merely because of their relationship with the deceased. The Court observed that close relatives are natural witnesses and are generally the last persons who would falsely implicate…
No One Can Compel an Adult Woman to Return Home or Marry; Personal Liberty Protected: Bombay High Court
The Bombay High Court has reaffirmed that an adult woman has the fundamental right to decide where she wants to live, whether she wishes to marry and whether she wants to pursue higher education. The Court held that neither parents nor the State can compel a major woman to return to her parental home or force her into…
Law Student Accused of Facilitating Cricket Betting Syndicate Granted Bail; No Money Trail Found: Gujarat High Court
The Gujarat High Court has granted regular bail to law student Ankitkumar Ramchandra Padhiyar (Mali) in a criminal case alleging cheating, forgery, criminal conspiracy and illegal financial transactions connected with cricket betting. The order was passed by Justice Hasmukh D. Suthar, who observed that although the…
Family Courts Can Recognise Valid Extra-Judicial Talaq When It Is Not Disputed; Couple Declared Divorced: Allahabad High Court
The Allahabad High Court has held that a Family Court has the jurisdiction to formally declare the matrimonial status of Muslim spouses as "divorced" where a valid extra-judicial Talaq-e-Hasan has already taken effect under Muslim Personal Law and the divorce is not disputed by either spouse. The Court observed that…
S. 34 IPC | Proof of 'Prior Concert' Essential to Convict With Aid of 'Common Intention'; Man Acquitted in 1987 Murder Case: Allahabad High Court
The Allahabad High Court has ruled that a conviction under Section 34 IPC cannot be sustained unless the prosecution proves that the accused acted with a prior concert and pursuant to a prearranged plan. Holding that mere presence at the scene or suspicion is not enough to establish common intention, the Court…
Death of Weaver Cannot Be a Ground to Deny Housing Colony Quarter to His Widow; Weaving Is a Hereditary Art: Allahabad High Court
The Allahabad High Court has ruled that once the Government has decided to transfer residential quarters in a weavers' colony to the occupant-weavers in possession, the death of the original allottee cannot be used as a ground to deny the same benefit to his widow. The Court observed that weaving is a hereditary…
Private Crypto Dispute Does Not Become a Public Law Issue Merely Because Many Investors Are Involved: Delhi High Court
The Delhi High Court has dismissed an appeal filed by users of the cryptocurrency exchange BitBNS, holding that disputes relating to withdrawal restrictions, alleged fund mismanagement and compensation are private commercial disputes and cannot be converted into public law proceedings merely because a large number of…
