All High Courts
[Cash For Jobs Scam] Calcutta High Court Raps CBI For Wrongly Seeking Sanction To Prosecute Fmr State Officials From Chief Secy Instead Of Governor
The Calcutta High Court has pulled up the Central Bureau of Investigation (CBI) for creating a 'fiasco' by wrongfully applying to the Chief Secretary for sanction to prosecute former ministers and public servants, instead of the Governor who was the correct sanctioning authority, in the cash for jobs scam. A division bench of Justices Joymalya Bagchi and Gaurang Kanth expressed bewilderment over the fact that the CBI had sought sanction from the chief secretary rather than the Governor who...
Bombay High Court Weekly Round-up: April 22 - April 28, 2024
Nominal Index [Citation 221 - 234]Telex Advertising Pvt Ltd v. Central Railway 2024 LiveLaw (Bom) 221Glencore India Pvt Ltd v. Amma Lines Limited 2024 LiveLaw (Bom) 222Mahendra Bansilal Patil v. Commissioner of Transport & Ors. 2024 LiveLaw (Bom) 223PCIT v. Tata Steel 2024 LiveLaw (Bom) 224Sham v. Walve 2024 LiveLaw (Bom) 225Aniruddha Ganesh Pathak v. Registrar General, Bombay High Court...
Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases
The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death.Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik observed –“Law is well settled that hearing on the question of sentence has to be real and effective and not a...
Punjabi Language Exam Can't Test Individual's "Punjabiath": High Court Sets Aside Syllabus Prescribing State's Culture, History In ETT Syllabus
Observing that the state "failed to consider the difference between Punjab and Punjabi language", the Punjab and Haryana High Court has set aside the syllabus of Punjabi language for Elementary Trained Teacher (ETT) recruitment exam.The Court noted that the examination of Punjabi language has been incorporated by the respondents in a manner to mean understanding all the Punjabi culture, religion, history of Punjab, whereas the Paper of Punjabi language could have been limited to the subject...
Arbitration Monthly Digest - April 2024
Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another [APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 89 of 2024] The Allahabad High Court has directed...
Income Tax Authority Should Refrain From Over Analysis Which Leads To Paralysis Of Justice: Bombay High Court
The Bombay High Court, while setting aside the order of the Income Tax Appellate Tribunal (ITAT), held that the authority should refrain from overanalyzing, which leads to paralysis of justice.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the ITAT failed to appreciate the spirit in which the order dated August 23, 2022, was passed by the High Court condoning the delay by observing that the Income Tax Authority should consider the claim for deduction under Section...
Bombay HC Upholds Removal Of Judge Accused Of Bribery In POCSO Case, Says Punishment Must Uphold Court's Dignity & Instil Faith In Litigants
The Bombay High Court recently upheld the removal of a Judicial Officer accused of taking a bribe to acquit an accused under the POCSO Act observing that writ courts need not grant relief to a Judicial Officer whose conduct is likely to affect the image of the judiciary. A division bench of Justice AS Chandurkar and Justice Jitendra Jain dismissed a writ petition filed by one Pradeep Hiraman Kale challenging his removal.“It is a universally accepted norm that Judges and Judicial Officers must...
Labour Court's Orders Can't Be Executed Via Writ Before High Court, Workman Must Approach Labour Court First: Uttarakhand High Court
The Uttarakhand High Court single bench of Justice Pankaj Purohit held that High Courts are not executing courts for the purposes of giving effect to the reliefs granted by the Labour Courts. Matters of implementation and execution fall within the domain of Labour Courts only, in line with Order 21 of the CPC, 1908. Brief Facts: The Petitioner (“Workman”) was employed as a daily wage worker with the Respondent department (“Management”) since 2007. However, his services were abruptly...
Industrial Disputes Act Inapplicability Of Sections 25F And 25N If Workman Fails To Work Continuously For One Year: Madhya Pradesh High Court Dismisses Writ Petition
TheMadhya Pradesh High Courtsingle bench of Justice Vivek Agarwal recently dismissed a writ petition and held that since the Workman didn't work continuously for one year under an employer, provisions of theIndustrial Disputes Act, 1947 such as Section 25F and Section 25N had no application to the facts and circumstances of the case. Brief Facts: The Petitioner (“Workman”), a casual labourer, was dismissed from the service. The Industrial Tribunal dismissed the Workman's claim for...
Disputes About Promotion And Seniority Fall Within Definition Of 'Industrial Disputes', Labour Court Has Jurisdiction To Adjudicate: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Vivek Agarwal held that disputes related to promotion and seniority fall within the scope of industrial disputes as defined under Section 2(k) of the Industrial Disputes Act, 1947. Therefore, being a forum established by the ID Act, the Labour Court has the rightful jurisdiction to adjudicate on such matters. Brief Facts: The matter pertained to an award passed by the Labour Court, Bhopal. The Labour Court framed two issues....
'Saptapadi' Ceremony Is An Essential Ingredient To Constitute A Valid Hindu Marriage: Allahabad High Court
The Allahabad High Court recently observed that the Saptapadi ceremony ((taking of seven steps by the bridegroom and the bride jointly before the sacred fire)) is one of the essential ingredients of a valid marriage under Hindu law. With this, the bench of Justice Gautam Chowdhary allowed a petition filed by one Nisha challenging the summoning order and further proceedings in a case under Sections 494 (Bigamy) IPC. The case in brief Essentially, in December 2022, the opposite...
Arbitration Weekly Round Up: 22nd April to 28th April 2024
Allahabad High Court Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court Case Title: M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Ltd. 2024 LiveLaw (AB) 266 The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held that expression “in the manner directed...