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Filing Application Under Section 8 of Arbitration Act Before Submitting Statement on Substance of Dispute Doesn't Waive Right to Invoke Arbitration Clause: Karnataka High Court
In a recent ruling by the Karnataka High Court, the Court dealt with a matter involving a partnership dispute and the application of Section 8 of the Arbitration and Conciliation Act, 1996. The case concerned a disagreement between parties over a partnership deed, and the issue at hand was whether the dispute should…
Accused Acquitted in Rape and POCSO Case, Benefit of Doubt Granted: Patna High Court
In a significant ruling delivered on November 28, 2024, the Patna High Court acquitted Mukesh Kumar, who had been convicted by the Special Judge (POCSO) in Darbhanga for sexual assault and related offenses under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, 2012. The appeal,…
Delivering a Child in Jail Will Adversely Impact Both Mother and Child: Bail Granted to Pregnant Prisoner: Bombay High Court
The Nagpur bench of the Bombay High Court has granted six months' temporary bail to a pregnant prisoner booked under the Narcotic Drugs and Psychotropic Substances Act. This decision comes after the court observed that delivering a child within the confines of jail could adversely affect both the mother and the child,…
LOC's Initial Validity Cannot Exceed 4 Weeks; Originating Agency Must Justify Extension Request: Rajasthan High Court
The Rajasthan High Court has issued important guidelines for the issuance and continuation of Look Out Circulars (LOCs), specifically focusing on preventing the arbitrary or indiscriminate use of this measure, which restricts an individual’s ability to travel abroad. Key Guidelines and Observations: 1. Validity and…
State Government Directed to Frame Rules Under PoSH Act and Consider Establishing Separate Department for Women Empowerment: Madras High Court
The Madras High Court has issued a significant directive to the State of Tamil Nadu, urging the government to frame and implement effective rules for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, often referred to as the PoSH Act. Justice RN Manjula, delivering the judgment,…
In-Subordination Is a Contagious Malady in Public Service, Leading to Maladministration, and Cannot Be Treated Leniently: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by S. Purushothama, a delinquent employee of the State Administrative Tribunal, challenging the order passed by the Tribunal which had withheld his two annual increments with cumulative effect. The charges against him included disobeying instructions from the…
Strict Proof of Marriage Not Mandatory to Claim Maintenance if Couple Lived as Husband and Wife for a Long Time: Calcutta High Court
The Calcutta High Court has ruled that strict proof of marriage is not required for a woman to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC), particularly when a couple has lived together as husband and wife for a prolonged period of time. The court clarified that in such cases, it is…
Magic Mushroom Per Se Not Narcotic Drug; Psylocybin Content Must Be Measured to Ascertain Commercial Quantity: Madras High Court
In a significant judgment, the Madras High Court ruled that magic mushrooms per se do not satisfy the requirements to be classified as narcotic drugs or psychotropic substances under Section 2 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). Justice Anand Venkatesh took a distinct approach, diverging…
Acquittal in Rape Case Upheld, No Evidence of Force or Coercion Found: Himachal Pradesh High Court
In a recent ruling, the Hon'ble High Court of Himachal Pradesh upheld the acquittal of an accused, Shyam Lal, who was previously acquitted by the Trial Court in a criminal case. The case involved serious charges, including rape under Section 376 of the Indian Penal Code (IPC). The appellant, the prosecution, had…
![[Motor Accidents] Invalid Driver's License Breaches Insurance Policy Terms for Vehicle Owner: Calcutta High Court](https://law4u.in/newsImage-location/newsImage3261.webp)
[Motor Accidents] Invalid Driver's License Breaches Insurance Policy Terms for Vehicle Owner: Calcutta High Court
In a significant judgment, the Calcutta High Court has ruled that an insurance claim may be denied if the driver involved in an accident does not possess a valid driving license at the time of the incident. The ruling came in a case where the insurance company sought to avoid liability due to the driver's invalid…
