Correctness Of Emoluments In Final 24 Months Before Retirement Is Indisputable For Retiral Benefits: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that emoluments drawn by an employee during the final 24 months of service cannot be questioned when calculating retiral benefits.Citing Article 242 of the J&K CSR Justices Sanjeev Kumar and Puneet Gupta observed, “.. the correctness of emoluments drawn by an employee before twenty four (24) months of his retirement cannot be...

Bombay High Court Annual Digest 2024 [Part I]

Citations 2024 LiveLaw (Bom) 1 – 2024 LiveLaw (Bom) 215:Former IT Analyst Of TCS With Supervisory Responsibilities Not Workman: Bombay High CourtCase Title: Rohit Dembiwal v. Tata Consultancy Services Ltd. & OrsCitation: 2024 LiveLaw (Bom) 1The Bombay High Court dismissed a writ petition filed by a former IT analyst of Tata Consultancy Services Ltd (TCS) observing that the petitioner...

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

The Gujarat High Court on Monday (December 23) called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings before...

Kerala High Court Allows State To Acquire Nedumpala Estate and Elstone Tea Estate In Wayanad For Rehabilitation Of Landslide Victims

The Kerala High Court on Friday (December 27) held that the State can take over the Nedumbala estate and Elstone tea estates in Wayanad for rehabilitation purposes post the July 30 landslide, under the Disaster Management Act, 2015 (DM Act). Justice Kauser Edappagath also said that the government shall determine the total amount of compensation to be awarded to the petitioners...

Punjab & Haryana HC Strikes Down Provision To Denotify Land Inserted By Haryana Assembly In Land Acquisition Act

The Punjab & Haryana High Court has struck down Section 101A inserted by Haryana assembly in the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.This provision gave state government the power to denotify a land acquired under the Land Acquisition Act 1894 if the public purpose for which the land was acquired becomes unviable...

Gauhati HC Sets Aside Disciplinary Action Against Law Students For Protesting At College Event, Asks Them To Apologise & Pay 10K Costs

The Gauhati High Court recently set aside two notices issued by Tezpur Law College's Principal-in-Charge initiating disciplinary action against a law student, on the condition that he shall tender a written apology to the Principal publishing it in two widely circulated newspapers in the locality and also pay cost of Rs.10,000.Justice Robin Phukan in his December 20 order...

Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court

The Indore Bench of Madhya Pradesh High court recently held that merely mentioning a person's name in departmental documents as a nominee does not automatically confer a right to claim compassionate appointment on account of death of deceased employee.A single-judge bench of Justice Subodh Abhyankar observed, “…merely mentioning of the name of any person in the official documents...

Harda Factory Blast | Madhya Pradesh HC Allows Owners To Object To Victims' Claims For Injuries, Loss Of Property Before NGT

In a plea questioning the claims of victims allegedly affected in an explosion in a firecracker factory in Harda, the Jabalpur bench of the Madhya Pradesh High Court permitted factory owners to raise their objections regarding genuineness of claimants in respect of their injuries and quantum to be paid for destruction of houses, before the National Green Tribunal Bhopal. In doing so, the...

Doctrine Of Equality Applies To Punishments Across Different Forces Under Same Administrative Framework: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur set aside the removal from service of two CISF constables. The court found their punishment to be disproportionate compared to an ITBP officer who was involved in the same incident. It held that the doctrine of equality applies to punishments across different forces under the Ministry of Home Affairs....

Gauhati HC Directs Assam, Nagaland, Mizoram And Arunachal Pradesh To Report Steps Taken To Improve Condition Of Central/District Jails

The Gauhati High Court recently directed four states–Assam, Nagaland, Mizoram and Arunachal Pradesh, to file their respective comprehensive affidavit addressing all the issues highlighted by a Committee in its inspection report concerning the condition of different central jails and district jails across these states. The division bench of the Chief Justice Vijay Bishnoi and Justice...

Medical Negligence Not Established By Mere Assertion Of 'Expected Standard Of Care': Delhi High Court

The Delhi High Court has observed that medical negligence cannot be established by mere dissatisfaction or the assertion of an 'expected standard of care', rather it must be demonstrated that the doctor's conduct fell below the level of a reasonably competent practitioner in similar circumstances.Justice Sanjeev Narula remarked, “While it is acknowledged that doctors are expected to apply...

BREAKING | Madras High Court Forms SIT To Investigate The Alleged Sexual Assault Of Student In Anna University, Orders 25Lakh Interim Compensation To Survivor

The Madras High Court on Saturday (December 28) formed a Special Investigation Team comprising of women IPS officers to investigate into the alleged sexual assault of a 2nd Year Engineering Student inside the Anna Univeristy campus in Chennai earlier on Monday. A division bench of Justice SM Subramaniam and Justice V Lakshminarayanan held a special sitting on Saturday and passed the orders on...