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Executing Court Empowered to Grant Statutory Interest Not Mentioned in Award Under Section 36 of Arbitration Act: Allahabad High Court
A major dispute arose between the State of Uttar Pradesh and M/S Satish Chandra Shiv Hare-Brothers, an approved contractor. The contractor had entered into an agreement for constructing a gymnastic hall at the Eklavya Sports Stadium in Agra. Disagreements between the parties led them to arbitration proceedings under…
Termination of 32-Week Pregnancy of Speech & Hearing Impaired Minor Denied, Citing Medical Report: Rajasthan High Court
The Rajasthan High Court, on August 8, refused to permit medical termination of a 32-week pregnancy of a 17-year-old minor rape survivor who is hearing and verbally impaired. Justice Anoop Kumar Dhand, while passing the order, relied on the unfavorable opinion of the Medical Board, which highlighted the…
Criminal Courts Cannot Recall or Review Their Own Judgments Except for Clerical or Arithmetical Errors: Supreme Court of India
The Supreme Court of India, in a significant ruling on Section 362 of the Code of Criminal Procedure (CrPC), held that criminal courts cannot review or recall their own judgments, except to correct clerical or arithmetical errors. This clarification came while setting aside a Delhi High Court order that had previously…
Order XXX Rule 10 CPC | Absence of Proprietorship in Suit Not a Defect If Proprietor Is a Defendant: Supreme Court of India
The Supreme Court of India, in a significant judgment, has clarified that there is no legal distinction between a sole proprietorship and its proprietor. The bench of Justices Vikram Nath and Sandeep Mehta held that whether a proprietorship concern is sued in its trade name or through the proprietor, it amounts to the…
'Cannot Be Kept in Custody for Indefinite Period, Undocumented Migrant in Fraud Case Granted Bail on Personal Bond or FD: Punjab & Haryana High Court
The Punjab and Haryana High Court has granted bail to an undocumented female migrant, Farida Praveen alias Shikha Gaur, accused in a fraud case. The Court, considering the nature of the allegations and the constitutional protection under Article 21 of the Constitution of India, allowed her release on the condition…
20 Years Later, All Police Officers Convicted in Udayakumar Custodial Death Case Acquitted: Kerala High Court
Police officers convicted in the 2005 custodial death of Udayakumar have been acquitted by the Kerala High Court, after the Court found grave procedural lapses and rights violations under Article 21 of the Constitution of India. The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar…
Govt Order Sanctioning Further Probe into Disproportionate Assets Case of Former DGP Tomin J Thachankary Set Aside: Kerala High Court
In a critical ruling highlighting judicial oversight over executive excess, the Kerala High Court has quashed the Government Order dated 28.01.2021 that had directed further investigation into a corruption case involving retired DGP Tomin J. Thachankary. The order was found to be vitiated by legal mala fides, as it…
Conviction of a Single Accused for Gang Rape Permissible If Other Accused Not Apprehended: Delhi High Court
In a landmark judgment under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012, the Delhi High Court has upheld the conviction of Praveen @ Lallu under Section 376DA IPC (Gang Rape), stating that a single accused can be convicted for gang rape even if the co-accused is not apprehended…
John Doe Order Granting Dynamic Interim Injunction to Protect Tata Pay Trademark: Delhi High Court
In a major development under the Trade Marks Act, 1999, the Delhi High Court has passed an ex-parte ad-interim dynamic injunction order in favour of Tata Sons Private Limited, shielding its payment platform Tata Pay from unauthorized use of its registered trademarks. Justice Tejas Karia issued strict directions to…
'Can't Turn Blind Eye to Reformative Purpose of Imprisonment, 3-Month Sentence of POCSO Convict Reduced: Delhi High Court
In a significant judgment under the Protection of Children from Sexual Offences Act, 2012, the Delhi High Court has commuted the sentence of a man convicted under Section 12 of the POCSO Act and various sections of the Indian Penal Code. The convict, Deepak Sain, had been sentenced to three months of rigorous…
