EPS Pension | EPFO Cannot Deny Higher Pension On The Ground That Contributions Were Paid In Bulk: Kerala High Court

The Kerala High Court held that the Employee Provident Fund Organisation, after having received a contribution to the Employees Pension Scheme (EPS) based on the actual salary, cannot deny the employees a higher pension saying that the contributions were not made in the corresponding month.Justice Murali Purushothaman ordered so in a petition filed by employees who retired from Milma....

GHCBA President Requests Recusal Of Judge From Deciding Contempt Petitions Over Liking Social Media Post Related To Case

The Gauhati High Court Bar Association President Kamal Nayan on Wednesday (April 9) sought recusal of Justice Unni Krishnan Nair from the bench deciding the contempt petitions filed the Advocate General of Assam against three advocates including the Bar President.The Advocate General, Devajit Saikia had filed contempt petitions under Sections 11, 12 & 15(1)(a) of the Contempt of Courts...

Allahabad High Court Sentences Advocate To 6 Months In Jail For Calling Judges 'Goondas'; Bars Him From Practicing In HC For 3 Yrs

Today, the Allahabad High Court sentenced Lucknow-based Advocate Ashok Pandey to six months' simple imprisonment for using abusive language against HC judges, calling them 'goondas' in open court in 2021. Pandey has been found guilty of committing criminal contempt of court by a bench of Justice Vivek Chaudhary and Justice Brij Raj Singh, as it concluded that Pandey's conduct shows...

Assam AG Files Contempt Petition Against HC Bar Association Prez, Two Other Advocates Over Gauhati High Court Relocation Row; Verdict Reserved

The Gauhati High Court on Tuesday (April 8) reserved judgment in criminal contempt petitions filed by Advocate General, Devajit Saikia under Sections 11, 12 & 15(1)(a) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, alleging that Anil Kumar Bhattacharyya (Senior Advocate) and another advocate (Pallavi Talukdar) of the Gauhati High Court have...

Incomplete Disclosure Of Material Facts To Superintendent Of Police Not Strict Compliance With S.154 CrPC: J&K High Court

The Jammu and Kashmir High Court has held that not disclosing the material facts to the superintendent of police or annexing the duly sworn affidavit of the person who had made an oral complaint does not demonstrate strict compliance with section 154 CrPC for the purpose of invoking the jurisdiction of the court under section 156(3) CrPC.The petitioner had challenged the order passed by...

Mere Existence Of Civil Remedy For Breach Of Contract No Grounds To Quash Cheating Case In Absence Of Mala Fides: J&K High Court

The Jammu & Kashmir and Ladakh High Court has reiterated that the presence of a civil remedy does not, by itself, justify quashing of criminal proceedings unless the allegations in the complaint fail to disclose an offence or the proceedings are found to be malicious.“.. mere fact that complaint relates to a commercial transaction or breach of contract, for which a civil remedy...

'Under Garb Of Spa Centres, Miscreants Are Running Prostitution Racket': HC Tells Punjab Govt To Frame Guidelines For Welfare Of Female Staff

The Punjab & Haryana High Court has directed the Punjab Government to frame a policy to regulate the operations of spa and massage centres within the State of Punjab, noting that under the guise of running such centres, prostitution rackets and immoral/human trafficking are taking place in several locations.Justice Kuldeep Tiwari said, "taking into account the gravity of the issue involved...

Basic Amenities Like Electricity Connection Is Fundamental Right: Punjab & Haryana HC Quashes Arbitrary Cut-Off Date To Apply For Electric Connection

The Punjab & Haryana High Court has set aside the notification issued by the Punjab Government that had specified a cut-off date for granting electricity connections in unauthorized colonies, observing that receiving basic amenities in a plot is a fundamental right.According to the notification, only those allottees who, up to 31st July 2024, had entered into powers of attorney or...

S.161 DGST Act | Personal Hearing Can Be Dispensed Only If Assessee's Rectification Application Is Allowed, Not Rejected: Delhi HC

The Delhi High Court has held that in terms of proviso 3 to Section 161 of the Delhi Goods and Service Tax Act, 2017, an order rejecting the rectification application filed by an assessee cannot be passed without first hearing the assessee.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta further said that the hearing can be dispensed with only where the...

'Unmarried Major Parents Are Entitled To Live Together': Allahabad High Court Grants Police Protection To Interfaith Live-In Couple

The Allahabad High Court on Tuesday granted police protection to an interfaith live-in couple, while hearing a plea filed by their minor daughter which claimed that the erstwhile in-laws of the child's mother threatening the couple. A division bench of Justice Shekhar B Saraf and Justice Vipin Chandra Dixit in its order observed that it appeared that the biological father and mother of the...

No Bar On Arbitrator To Allow Withdrawal Of Claims Provided Legitimate Interests Of Other Party Are Not Prejudiced: Bombay High Court

The Bombay High Court bench of Justices Revati Mohite Dere and Dr. Neela Gokhale has held that the arbitrator can allow the parties to withdraw their claims to initiate fresh arbitration proceedings by issuing a new notice of arbitration, provided that the legitimate interests of the other party are not prejudiced. Brief Facts: An agreement was executed between the Petitioner, in...

'Dying Declaration Need Not Be Addressed To A Particular Person': Orissa HC Upholds Conviction Of Man For Brother's Murder

The Orissa High Court has held that a dying declaration need not be addressed to a particular person and even the deceased yelling in pain, disclosing name of the murderer, can also be accepted as a valid dying declaration, if Court is satisfied about the voluntariness as well as veracity of the declaration.While upholding the conviction of a man for murder of his brother, the Division Bench...