Gujarat High Court Issues Notice On Father's Plea Alleging Illegal Detention Of His Daughter By Persons Living In ISCKON Temple

The Gujarat High Court on Tuesday (December 24) issued notice to the State on a habeas corpus petition moved by a man claiming that his daughter has been illegally detained by certain persons who used to allegedly live at Ahmedabad's ISCKON temple. A division bench of Justice Sangeeta K Vishen and Justice Sanjeev J Thaker in its order took note of the averment's made in the father's...

Karnataka High Court Annual Digest 2024 [Part I]

Citation No: 2024 LiveLaw (Kar) 1 to Citation No: 2024 LiveLaw (Kar) 260Judgments/OrdersKarnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' RelationshipCase Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of KarnatakaCase No: Criminal Petition No 100721 of 2023.Citation No: 2024 LiveLaw (Kar) 1The Karnataka...

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court

The Karnataka High Court Bench of Justice Hemant Chandangoudar has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before 20.03.2019. Thus, where the reference application under Section 8 of the Act was made long...

J&K Prevention Of Corruption Act | Mere Misuse Of Position By Public Servant Without Dishonest Intent Not 'Abuse' U/S 5(1)(d): High Court

The High Court of Jammu & Kashmir and Ladakh has held that mere misuse of position by a public servant, without dishonest intent, does not constitute abuse under Section 5(1)(d) of the J&K Prevention of Corruption Act. The court clarified that dishonest intent, aimed at securing a pecuniary advantage for oneself or others, is essential to attract the provision's mischief.“.. The use...

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. Background Facts The petitioner was holding the post of Stenographer Grade-I in the Rajasthan Financial Corporation (RFC). He was arrested and...

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court

The Delhi High Court bench of J. C. Hari Shankar has held that in the present case there is no scope for negotiation between the parties, much less friendly negotiations. Brief facts of the case: The present dispute arises vis-à-vis a Lease Deed dated 30.07.2021, in which certain premises were leased by the petitioner to the respondent. Article 16 of the deed states that parties...

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....

[SARFAESI Act] Courts Must Not Interfere Under Writ Jurisdiction When Alternative Statutory Remedies Are Available: Rajasthan HC

The Jaipur bench of the Rajasthan High Court dismissed a plea by the purchaser of a property–in relation to which proceedings were initiated under the SARFAESI Act, on the ground that the purchaser had already availed the statutory remedy before the Debt Recovery Tribunal. Justice Avneesh Jhingan, while referring to a Supreme Court decision on this issue, observed that the...

Calcutta High Court Denies Bail To Former Education Minister Partha Chatterjee, Four Others In Recruitment Scam Case

The Calcutta High Court has denied bail to former education minister Partha Chatterjee and four others, namely Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha and Shanti Prasad Sinha in the infamous cash-for-jobs recruitment scam.Earlier a division bench had delivered a split verdict on the bail applications of the petitioners.On this occasion Justice Tapabrata Chakraborty denied...

State Failed To Discharge Obligation, Calcutta HC Condones Deficiency In Qualifying Service For Disbursement Of Pension

A division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Partha Sarathi Chatterjee allowed the condonation of the deficiency in qualifying service for disbursement of pension, and held that the state failed to discharge its obligation within the mandatory time frame set by the Court. Background Facts The employee was selected...

Jammu & Kashmir And Ladakh High Court Annual Digest [Part I]

Judgments/Orders:Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High CourtCase Title: Sahil Gupta Vs UT of J&KCitation: 2024 LiveLaw (JKL) 1 The Jammu and Kashmir and Ladakh High Court held that a Labour Commissioner is competent to review his ex-parte orders, while hearing an application to set aside such ex-parte award.A bench...

Calcutta High Court Grants Relief To NUJS VC, Upholds Dismissal Of Sexual Harassment Complaint

The Calcutta High Court has granted relief to the Vice-Chancellor of the National University of Juridical Sciences (NUJS), Kolkata, in a case of sexual harassment filed by a faculty member. A division bench of Justices Harish Tandon and Prasenjit Biswas found no credible evidence to support the claims and upheld the Local Complaint Committee's (LCC) decision to dismiss the complaint, citing...