2025 | Page 137 of 239

Opportunity of Hearing to the Proposed Accused at Pre-Cognizance Stage in Complaint Cases: Implications of Proviso to Section 223(1) of the BNSS

by Amir Suhail*

Arbitrator cannot be impleaded in proceedings under S. 36(2) of A&C Act until prima facie case of fraud/corruption is established: Calcutta HC

The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Gujarat High Court: Registration/permission from authorities is mandatory to use premises either as PG Hostels or Home Stays

The Court directed the respondents to publicise the pre-requisite conditions necessary to be fulfilled before a premise may be used as a PG Hostel or a Home Stay.

Case Briefs High Courts

Know why Jharkhand High Court ordered interim stay on investigation against Bokaro Steel Plant officials in a protester’s death

The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.

Case Briefs High Courts

Calcutta High Court directs Transgender Person to file fresh passport application, Mandates Identity Card be duly considered

The Court observed that the transgender identity card of the petitioner shall be taken into account at the time of consideration of the petitioner’s application for passport.

Case Briefs High Courts

Houses cannot be used as prayer halls without permission from authorities: Madras High Court reiterates

“Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities.”

Case Briefs High Courts

Police cannot invade homes of history-sheeters at odd hours under pretext of surveillance: Kerala High Court

“Every man’s house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person’s right to life encompasses the right to live with dignity and dignity is non-negotiable.”

Case Briefs High Courts

Jammu & Kasmir & Ladakh HC orders return of 63-year-old woman deported to Pakistan after Pahalgam terror attack

“Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence.”

Case Briefs High Courts

Bombay HC restores son & daughter-in-law’s eviction order under Senior Citizens Act emphasising on protection of life & property of the elderly

“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.

Case Briefs High Courts

Equivalency certificate from State Universities’ not required for degrees from national institutions like IGNOU: Kerala High Court

“If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the State University, it would be the end of the education system.”

Case Briefs High Courts

Read why Allahabad High Court barred an Advocate from practising and entering its premises for three years

“Looking into the submission of the contemnor as also his previous conduct and punishments, we do not find any reason to accept his apology, as the same is very belated and is also not bona fide.”

Hot Off The Press News

NHRC takes suo motu cognizance of reported death of 2 workers after suspected poisonous gas leak at Pharma Unit at Anakapalli

The NHRC noted that the victim workers collapsed after inhaling the poisonous gas, suspected to have been released during the waste treatment process

Foreign Legislation Legislation Updates

Attention US Visa Seekers! Make your Social Media Accounts “Public” as US expands Screening Rules for these 3 categories

U.S. Visa applicants face expanded screening rules that include social media review effective from June 18, 2025

Law Firms News News

Cyril Amarchand Mangaldas represents Elev8 Capital on its Series D investment into Smallcase Technologies

We acted as legal counsel to Elev8 Capital (lead investor), in their participation in Series D

Case Briefs High Courts

S. 197 CrPC | Police officer, allegedly exceeding official duty, is safeguarded by prior sanction if acts reasonably linked to official functions: Patna HC

“A mere excess or overreach in the performance of official duty does not, by itself, disentitle a public servant from the statutory protection mandated by law.”

Case Briefs District Court

‘MILNNA’ to pay Rs. 1 crore compensation to ‘MILMA’ in a trade mark infringement case: Inside Kerala Court ruling

The plaintiff averred that the design and the colour scheme appearing on the packaging of the plaintiff’s products are also unique in nature and constitute an artistic work that has been created with great care and precision and exhibiting an originality in creation of the same.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC imposes costs of Rs 40,000 on consumer seeking to repair/replace his damaged Hyundai car despite selling it

A consumer had filed a complaint before the DCDRC seeking repair or replacement of his damaged Hyundai car and compensation of Rs 5 Lakhs for mental agony and deficiency of service.

Case Briefs High Courts

Gujarat HC grants temporary bail to Narayan Sai on ‘humanitarian grounds’ to meet ailing father Asaram Bapu

The counsels for the Narayan Sai urged that the final hearing of the appeal may take considerable time and therefore, at this stage, Narayan Sai may be enlarged on temporary bail for a period of 15 days to meet his ailing father.

Legislation Updates Notifications

MoSPI announces India’s first-ever full-fledged Household Income Survey, 2026

Household Income Survey, 2026 will be India’s first full-fledged effort to assess Indian income in its statistical history.

Case Briefs High Courts

Delhi HC: Invoking S.18 of MSMED Act for dispute resolution not mandatory, but once invoked, party cannot seek appointment of arbitrator

“Once the mechanism under MSME Act is triggered by any party, the procedure has to be taken to its logical end. However, once there is no trigger by invoking the jurisdiction of the Council, party cannot be precluded from resorting to any other mechanism for resolution of its disputes.”