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Guilt of the accused can be ascertained only after the examination of all the witnesses as desired by the prosecution: Karnataka High Court

In the case of The State of Karnataka v. Santosh (2021) CRL.A. 414/ 2021, a two-judge bench of Justice G. Narendar and Justice M. I. Arun of Karnataka High Court heard the appeal against the judgement and order of acquittal dated February 02, 2020, by the Additional Sessions and Special Judge, Chikkamagaluru. On April 29, […]

An entity must be discharging a public function and the disputed action challenged by the writ petition under Article 226 must fall within the domain of public law: Justice M. N. Bhandari

In the case of Uttam Chand Rawat v. The State of U.P. & Ors. (2021) W.P. 9814/ 2020, a three-judge divisional bench of the Allahabad High Court of Acting Chief Justice M. N. Bhandari, Justice Prakash Padia and Justice S. K. Singh weighed in on the question of whether private institutions come under the purview […]

Absence of salutation like ‘Mr.’ and ‘M/s.’ whilst drawing cheque is no ground to file charge under Section 138 of the Negotiable Instruments Act, 1881: Justice P. Gopinath

In the case N. Raveendran v. Shahajan & Anr. (2021) CRL. A. 1344/ 2006, Justice P. Gopinath of the Kerala High Court adjudicated the judgement dated May 04, 2006, from the Judicial First Class Magistrate Court, Muvattupuzh (CC. 453/ 2004) under Section 138 of the Negotiable Instruments Act, 1881. The appellant is a managing partner […]

The death sentence imposed by Trial Court out of an unfair trial is a judicial shock and a displeasure to the High Court: Justice G. Narendar

A mother of two children: an elder son named Sunil, aged 15 years and a younger daughter, aged 12 years, lived along with her husband, a mason by profession, in Byrandahalli village, wherein the woman worked as a coolie. The daughter, a student in grade 6, was allegedly sexually assaulted by the accused, Mr Venkateshappa. […]

Breastfeeding is the Fundamental Right of a Mother under Article 21 of the Indian Constitution: Justice K. S. Dixit

Petitioner Husna Banu moved to the Karnataka High Court under Article 226 of the Constitution of India in the case of Husna Banu v. The State of Karnataka & Ors. (2021) W.P. 16729/ 2021 to seek the custody of her child, Mohammed Arhaan because she allegedly is the true biological mother of the said child. […]

Justice G. S. Patel of Bombay High Court issues guidelines to protect the anonymity of the parties to a POSH investigation: No Media Reporting, No Public Disclosure Without Approval of the Court

Justice G. S. Patel of the Bombay High Court in a civil suit represented by Ms Abha Singh  and Advocates Dr Birendra Saraf and Mr Lancy D’souza for the plaintiff and defendants respectively held that it is imperative to protect the identities of the parties to a POSH investigation under the Prevention of Sexual Harassment […]

Rules of Arbitration comes into play only after the arbitration commences before the appropriate jurisdiction of law at the Seat of Arbitration: Justice S. K. Kait

In the case of S. P. Singla Constructions Private Limited v. Construction and Design Services, Uttar Pradesh Jal Nigam (2021) ARB.P. 450/2021, the respondent had invited Qualification cum Request for Proposal dated April 06, 2016, for the design, engineering, procurement and construction of a dedicated four-lane corridor across the River Ganges for use by the […]

Arbitration from one Arbitration Agreement cannot be invoked in disputes originating from another Arbitration Agreement between the same parties: Justice Surya Kant

In the case of DLF Home Developers Limited v. Rajapura Homes Private Limited & Anr. (2021) SC 490, the petitioner has filed an Arbitration Petition under Section 11, Sub-Sections 6 and 12 of the Arbitration and Conciliation Act, 1996. Sub-Section 6 of the Act allows a party to the arbitration to request the Supreme Court/ […]

Consensual, Voluntary, Participative Sexual Intercourse defeats accusation under POCSO Act, 2012, Accused Acquitted: Calcutta High Court

A 22-year-old man was convicted by the Trial Court under Section 376 (1) of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 to suffer rigorous imprisonment of seven years with a fine of Rs. 50,000 for the alleged sexual assault of a girl of 16 […]

Any examination into the questions of equity and fairness is beyond the scope of the NCLT and NCLAT under the IBC, 2016: Justice D.Y.Chandrachud

In the case of Pratap Technocrats (P) Ltd. & Ors. v. Monitoring Committee of Reliance Infratel Limited & Anr. (2021) C.A.No.676/ 2021, the Corporate Insolvency Resolution Process (CIRP) of Reliance Infratel Limited (hereafter referred to as “Corporate Debtor”) was initiated on May 15, 2018, with the appointment of the Interim Resolution Professional (IRP) on May […]