Resignation Of Employee Can't Be Accepted Retrospectively If It Is Withdrawn Before Acceptance: Punjab & Haryana High Court

The Punjab & Haryana High Court made it clear that resignation of an employee cannot be accepted retrospectively if the resignation is withdrawn before the acceptance.Justice Harsimran Singh Sethi said, "Once, a resignation which is sought to be accepted had already been withdrawn by the petitioner, there was no jurisdiction with the authority concerned to accept the same with...

Registrar Of Co-Operative Societies Can Order Inquiry Into Functioning Of Society Pending Re-Audit: Karnataka High Court

The Karnataka High Court has said that the Registrar of Cooperative Societies can order an inquiry into the functioning of a cooperative society, which cannot be interdicted by a pending re-audit under the provisions of the state Cooperative Societies Act.Justice Suraj Govindaraj held thus while dismissing the petition filed by Bherya Primary Agriculture Credit Cooperative Society Ltd....

Grabbing Breasts, Breaking Minor Victim's Pyjama String Not Attempt To Rape But Prima Facie 'Aggravated Sexual Assault': Allahabad HC

Observing that grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape, the Allahabad High Court recently modified a summoning order, altering the charges against two accused. Initially summoned to face trial under Section 376 IPC (Rape) and...

Cheque Dishonor | Conviction Alone Not Sufficient For Appellate Court To Seek 20% Deposit, Must Consider Attending Circumstances: Delhi HC

The Delhi High Court has observed that a conviction under Section 138 of the Negotiable Instruments Act for dishonour of cheque cannot itself qualify as a reason for an Appellate Court to direct the accused to deposit 20% of fine or compensation under Section 148 NI Act. It stated that the Appellate Court has to consider various circumstances such as the nature of transaction,...

Kerala High Court Dismisses Plea For Further Probe Into Swami Saswathikananda's Death, Says Investigations Confirm Accidental Drowning

The Kerala High Court has dismissed a petition seeking further investigation under the supervision of an officer not below the rank of Inspector General into the death of Swami Saswathikananda.Swami Saswathikananda was discovered dead at the bathing ghat on the banks of the Periyar river on the morning of July 01, 2002. Justice Kauser Edappagath noted that investigation into the death of...

Authority Imposing Damages Must Provide Detailed Reasoning For Penalties Under EPF Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Central Industrial Tribunal's order that had set aside damages imposed by the Assistant Provident Fund Commissioner. The Court held that authorities imposing damages under Section 14B of the Employees' Provident Fund Act must provide detailed reasoning and proper calculation...

Misuse Of Firecrackers Can Cause Not Only Ocular Injuries But Also Other Bodily Harm: Delhi High Court Calls For Inclusive Prayers In PIL

The Delhi High Court on Wednesday heard a public interest litigation concerning the issue of ocular injuries caused due to usage of firecrackers, in absence of proper safeguards followed during manufacturing of the products.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that misuse of firecrackers can result not only in ocular...

Allowing Quashing Of Non-Compoundable Offences Like Kidnapping, Theft Based On Compromise Will Set 'Dangerous Precedent': Rajasthan HC

While refusing to quash an FIR registered for non-compoundable offences of kidnapping, theft after the parties had entered into an amicable settlement, the Rajasthan High Court underscored that permitting quashing of such cases based on compromise would undermine the very purpose of criminal law and embolden offenders.In doing so the court underscored that compounding of such offences would set...

Delhi High Court Issues Notice On PIL To Reduce Bird Strike With Aircrafts, Close Illegal Slaughterhouses Near IGI Airport

The Delhi High Court on Wednesday issued notice on a public interest litigation seeking to reduce bird aircraft strike hazard and to close illegal slaughterhouses around the Indira Gandhi International (IGI) Airport. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela sought response of Union of India through Directorate General of Civil...

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code. A bench of Justice Parthivjyoti Saikia added that the word “cruelty” for the purpose of Section 498(A) IPC is to be established in the context of Section 498(A),...

Quashing Of Drunken Driving Charge U/S 185 MV Act Doesn't Nullify Prosecution Initiated U/S 279 IPC For Rash Driving: Kerala High Court

The Kerala High Court has allowed continuation of prosecution against an alleged offender under Section 279 of the IPC for rash and negligent driving, even while quashing proceedings against him under 185 of the Motor Vehicles Act for drunken driving due to non-compliance of procedural requirements.Justice G. Girish observed that Section 297 of IPC and Section 185 of the MV Act are...

Transfer Pricing | 'Resale Price Method' Most Appropriate To Determine ALP Where Distributor Makes No Value Addition To Imported Products: Delhi HC

The Delhi High Court has made it clear that where the distributor of an imported product makes no value addition to it before sale, Resale Price Method is the most appropriate method to determine the arm's length price in relation to its business with an Associated Enterprise.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela thus dismissed the...