'Prima Facie Commercial Exploitation': Bombay HC Issues Notices On Plea Against Alleged Unauthorised Use Of Woman's Photos In Ads

The Bombay High Court has sought response from the US-based company Shutterstock, various State government, political parties and private agencies in relation to a plea by a woman alleging unauthorised use of her photographs by political parties and state governments in advertising their different schemes.Taking note of the serious concerns raised by the woman concerning her right to privacy,...

If The Mindset To Stifle Right To Protest Gets Traction, It Would Be A Sad Day For Democracy: Bombay High Court

In a significant order, the Goa bench of the Bombay High Court has said that the mindset to 'dilute' or 'stifle' the the fundamental right to protest of citizens, if gains traction, it would one of the saddest days of democracy.A division bench of Chief Justice Alok Aradhe and Mahesh Sonak said the State must not launch prosecution only to stifle agitations, which are a part of the...

'Visual Pollution A Shame' : Kerala High Court Issues Detailed Directions On Removal Of Unauthorised Boards,Banners, Hoardings, Flags Etc

The Kerala High Court today issued directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action. The Court stated that the non-removal of such unauthorized boards, banners, hoardings, flags, festoons shall become the personal responsibility of the Secretaries of the local self-government institutions.Justice...

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC

The Bombay High Court bench of Justice Somasekhar Sundaresan has observed that where the correspondence between the parties included invoices which contained an arbitration clause and the parties acted upon those invoices without protesting, then it could be deemed that the party had accepted the arbitration clause. Background Facts and Issue The Respondent had availed of...

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court

The Bombay High Court has observed that the 'resignation' of a High Court Judge constitutes 'retirement' under the High Court Judges (Salaries and Conditions of Services) Act 1954 and thus a judge who resigned from services would also be entitled to the same pensionary benefits as a judge who retired by superannuation.A division bench of Chief Justice Alok Aradhe and Justice Bharati...

Punitive Retrenchment Without Regular Departmental Inquiry Violates Industrial Disputes Act: HP HC

Himachal Pradesh High Court: A Single Judge Bench of Justice Ajay Mohan Goel set aside the termination of a daily wage worker's services. The court noted that the termination was done under the guise of retrenchment following a preliminary inquiry. It upheld the Labour Court's finding that termination based on alleged misconduct without conducting a proper departmental inquiry...

Can A Person Be Held Liable For Acts Committed On A Body Which He Believed To Be Lifeless? Kerala High Court Answers

The Kerala High Court held that a person cannot be held liable for an act committed on a body, when he believes that it to be lifeless at the commission of the act.In this criminal appeal, the Division Bench of Justice P.B.Suresh Kumar and Justice Jobin Sebastian examined whether the act of the husband of pushing the body of his wife, which he believed to be lifeless, in septic tank would...

Loss Of Profit In Works Contracts Can Be Awarded Upon Illegal Termination, Even In Absence Of Direct Proof: Calcutta High Court

The Calcutta High Court division bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once a contractor establishes an illegal and unjustified termination of the contract by the employer, there is no need to prove the actual loss suffered. A reasonable expectation of profit is implicit in a works contract, and compensation must be awarded accordingly. The...

Determination Of Employment Status Is A Mixed Question Of Law And Fact; Requires Adjudication By Industrial Tribunal: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed the writ petition filed by the Indian Institute of Management Calcutta (IIMC). The bench held that an Industrial Tribunal is the right forum to determine if IIMC was the principal employer. It further held that mere denial by IIMC was not sufficient to preclude a reference under the Industrial Disputes...

Magistrate Can Take Cognizance Under Drugs & Cosmetics Act But Trial Must Be Conducted By Sessions Court: J&K High Court

Setting aside the proceedings against two pharmaceutical companies accused of manufacturing and marketing substandard drugs the Jammu and Kashmir and Ladakh High Court has clarified that while the trial of offences under Chapter IV of the Drugs and Cosmetics Act must be conducted by a Court of Sessions, there is no bar on a Magistrate taking cognizance of such offences.However, Justice...

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the provisions of Section 47(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid.The Division Bench, comprising Justice R Raghunandan and Justice K Manmadha Rao, was dealing with a writ petition filed...

Kerala HC Asks State About Testing Technology Used In Regional Cancer Centre Where Patient Contracted HIV After Blood Transfusions

The Kerala High Court asked the state government to submit an affidavit about the machines that is now being used in the Regional Cancer Centre for blood test after an incident where a patient got HIV from blood transfusions were brought to the notice of the Court.The petitioner lost his daughter after she got infected with HIV. His daughter was suspected of having leukemia. She got 49...