Legal Update as on 11.03.2023

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Legal Update
  1. District Court Has Jurisdiction to Execute Arbitral Award, Kerala High Court – The District Court has jurisdiction to execute an arbitral award, according to the Kerala High Court, which found that the Commercial Courts Act, 2015 does not grant such competence to the Commercial Court.
    M/S. Beta Exim Logistics (P) Ltd. V M/S. Central Railside Warehouse Co., Ltd.
  1. HP HC: NO SEPARATE RESERVATION FOR ALL SECTIONS OF SOCIETY The Himachal Pradesh High Court noted that “General Category” means “all” and “reservation for all” is illogical while deciding the definition and application of the term. As a result, anyone can interpret “General Category” in the proper way.
    Sunita Sharma Vs State Of Himachal Pradesh.
  1. HC: AUTHORIZED SIGNATORY OF THE COMPANY IS NOT RESPONSIBLE FOR PAYING INTERIM COMPENSATION NI Act, Section 143A – Although noting that the signatory of the check, who has been authorised by the “Company,” is not the drawer in accordance with Section 143A of the Negotiable Instruments (NI) Act, the Bombay High Court has decided that he cannot be ordered to pay interim damages under Section 143A.
    Lyka Labs Limited & Anr. v. State of Maharashtra & Anr. and connected cases
  1. GIVE MORE AMBULANCES TO JAILS, SAID ORISSA HC – While providing guidelines for upgrading the conditions of prisoners throughout the State, the Orissa High Court ordered the State government to make sure that the Prisons Department receives at least 10 extra ambulances for usage in the jails and sub-jails.
    Krushna Prasad Sahoo v. State of Odisha & Ors.
  1. GUJARAT HC: Taking a child out of a mother’s custody by the father is not kidnapping – While noting that a father is a child’s natural and legal guardian, the Gujarat High Court decided that his removal of his son from his mother did not constitute abduction under Section 361 of the IPC.
    Maunish Dinkar Shaw & Anr. v. State of Gujarat & Anr.
  1. LENGTH OF RELATIONSHIP IS AN IMPORTANT FACTOR IN RAPE CASES OVER FALSE PROMISE TO MARRY, ACCORDING TO KAR HC – The Karnataka High Court noted that the length of the relationship and the acts between the two during such a period take away the strict requirements of S. 375 IPC because it cannot be said that the woman’s consent for such a long period was taken against her will when dismissing rape charges due to a false promise to wed after five years of dating.
    Mallikarjun Desai Goudar And State of Karnataka & ANR
  1. HOLD A MEETING ON CLINICAL TRIALS FOR DEVELOPING INDIAN THERAPIES FOR RARE DISEASES, RECOMMENDS THE DELHI HIGH COURT. – The Delhi High Court has ordered DART or Hanugen Therapeutics Private Limited to host a conference on clinical trials for discovering homegrown treatments for Gaucher disease and Duchenne muscular dystrophy (DMD).
    Master Arnesh Shaw v. Union of India & Anr.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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