Gratuity A Legal Right Not Bounty: Rajasthan HC Slaps ₹25K Fine On Engineering Institute For Frivolous Litigation Against Deceased Employee

The Jodhpur bench of the Rajasthan High Court came down heavily upon the Jodhpur Institute of engineering and Technology for indulging in “frivolous and obstructive litigation” against its deceased employee and his wife in the matter of payment of gratuity ruling that it was not a bounty but a statutory right.Justice Arun Monga also imposed a cost of Rs. 25,000 on the institute and held...

Importation Of Wireless Access Points Which Operate Solely On MIMO Technology Exempt From Customs Duty: Delhi High Court

Coming to the rescue of an IT distribution company, the Delhi High Court has held that the import of Wireless Access Points (WAPs), which operate on MIMO technology, are exempt from Customs duty.In doing so, the division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma held that the word “and” used between 'MIMO and LTE Products', which are eligible for...

Delhi High Court Annual Digest 2024: Part IV [Citations 1201 - 1394]

Citations 2024 LiveLaw (Del) 1201 to 2024 LiveLaw (Del) 1394Delhi High Court Restrains 'Rogue App' From Streaming Star's ContentsCase title: Star India Private Limited vs. Tajkir Mohammad Tanvir (King's Pro+) And Ors.Citation: 2024 LiveLaw (Del) 1201In relation to a copyright suit filed by Star Channels, the Delhi High Court has restrained a 'rogue app' and related websites from...

Power Of Transfer Exercised As Substitute For Infliction Of Lawful Punishment Is Malice In Law: Allahabad High Court

The Allahabad High Court has quashed an order for transfer of the petitioner by the Purvanchal Vidyut Vitaran Nigam Limited as being malicious and without justification. It was held that the transfer order cannot be used a measure for punishment.“The exercise of the power of transfer as a substitute for the infliction of lawful punishment in exercise of the employer's disciplinary...

Gujarat High Court Deprecates Bar President's Conduct While Seeking Adjournment In 2011 PIL, Says He Tried To 'Misuse His Position'

The Gujarat High Court on Friday (January 17) deprecated the conduct of President of the High Court Advocates' Association Brijesh Trivedi in seeking an adjournment in a 2011 PIL, observing that manner in which he acted indicated that he was trying to misuse his position as the elected President of the Bar for "creating his nuisance value in the Court".A division bench of Chief Justice...

Delhi High Court Reserves Verdict On Ashok Swain's Plea Against Cancellation Of OCI Card

The Delhi High Court has recently reserved judgment on the plea moved by academic and writer Ashok Swain challenging an order issued by the Central government cancelling his OCI card. Justice Sachin Datta reserved verdict in the plea which contends that Swain cannot be witch-hunted for his views on current government or its policies.The impugned order was passed on July 30, 2023, after...

Rajasthan HC Directs Medical Reimbursement To Retired Govt Lecturer, Earlier Denied Due To Treatment At Unrecognized Private Hospital

The Jodhpur bench of the Rajasthan High Court recently granted relief to retired government lecturer who was denied medical reimbursement by the State in 2008, for his heart surgery pursuant to suffering a heart attack, on the ground that he had received treatment from a non-recognized private hospital.Justice Arun Monga referred to a decision of a coordinate bench in Kanhaiya Lal Dave...

Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC

The Kerala High Court observed that reservation provided under Section 34 of the Rights of Persons with Disabilities Act is confined to the posts which are identified by the government for persons with benchmark disabilities under Section 33. As per Section 33, the appropriate Government shall identify posts in the establishments which can be held by respective category of persons with...

Bank Seeking Judicial Declaration Of Sale Deed's Validity Before Sanctioning Loan On Minor's Property Sold Without Prior Approval Not Arbitrary: Kerala HC

The Kerala High Court has held that the bank's insistence for a court declaration on the validity of a sale deed before sanctioning a loan on the property of a minor, sold without approval from the District Court as mandated under the Hindu Minority and Guardianship Act, is not arbitrary or unreasonable.Justice C S Dias noted that Section 8 (2) of the Act mandates that minor's property shall...

'Depicts Public Perception Of Money Power': P&H HC Rejects Pre-Arrest Bail Of Man Accused Of Taking ₹10 Cr For Providing Governor Post

The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of taking 10 crore with other co-accused for securing the post of Lieutenant Governor in Andaman and Nicobar, observing that granting relief when there is prima facie sufficient evidence would send a "very negative message" to the public.The Court said, "The Governor's post is the highest post under...

Kerala High Court Asks State If Any Guidelines Have Been Issued In View Of Its 2010 Direction Prohibiting Public Meetings On Roads

The Kerala High Court on Friday (January 17) asked the State to inform if any guidelines have been issued by it pursuant to the court's earlier judgment prohibiting public meeting on roads. The court was hearing a petition filed by an advocate complaining about an event reportedly organized by the Balaramapuram Panchayat on January 3, erecting a stage and arranging seats on...

Rajasthan HC Permits Law Students To Sit For Exam To Govt Post, Who Were Barred Earlier After Change In Eligibility Criteria Mid Process

The Jodhpur bench of the Rajasthan High Court granted relief to certain candidates who had applied for the post of Assistant Prosecution Officer, directing the State to allow these candidates to appear for the examination to the Post even though at the time of filling the application form they had not passed their law degree.The Court was hearing a petition filed by the candidates....