Freedom Of Speech Not License To Transgress Limits Of Decency: Madras High Court Denies Anticipatory Bail To AIADMK Women's Wing Leader

Dismissing the anticipatory bail petition filed by AIADMK's State Deputy Secretary of the Women's Wing- Amudha, the Madras High Court highlighted that though the Constitution of India guarantees the fundamental right of speech and expression however this right cannot be taken advantage of to cross the limits of decency. While doing so, Justice AD Jagadish Chandira also noted that the...

Bombay High Court Weekly Round-Up: December 09 - December 15, 2024

Citations: 2024 LiveLaw (Bom) 625 to 2024 LiveLaw (Bom) 635Nominal Index:Khimjibhai Patadia vs Municipal Corporation of Greater Mumbai, 2024 LiveLaw (Bom) 625Jayanth Kumar vs State of Maharashtra, 2024 LiveLaw (Bom) 626Raj Realtors vs. State of Maharashtra & ors., 2024 LiveLaw (Bom) 627Abdul Samad Akbar Shaikh vs State of Maharashtra, 2024 LiveLaw (Bom) 628Bharat Dedhia vs Union of...

Filing Of Affidavits Or Self-Serving Documents Insufficient To Prove Employer-Employee Relationship: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Milind Ramesh Phadke dismissed a petition filed by Ashok Singh Tomar. Tomar challenged the Labour Court's order that dismissed his claim for reinstatement and back wages after he was terminated. The High Court ruled that Tomar provided insufficient evidence to establish an employer-employee relationship. It noted that just...

Impossible For A Middle-Class Woman To Have Even A Square Meal From Paltry Maintenance Amount Of ₹2.5K: Allahabad HC

The Allahabad High Court has observed that it is almost impossible for a woman who belongs to a middle-class family to have even a square meal from the paltry amount of Rs.2500/- A bench of Justice Ram Manohar Narayan Mishra observed thus while partly allowing a wife's criminal revision plea challenging an order passed by a Family court under Section 125 CrPC, directing her...

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts.Further, the court reiterated that transfer and posting are incidents of service, and an...

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

The Jammu and Kashmir and Ladakh High Court has held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor.For this limited purpose, a suit based on such an agreement is maintainable under the law, the court stated while reaffirming the legal sanctity of such agreements in...

Internal Complaint Committee Cannot Entertain Complaints Filed Beyond Three Month Limitation Period Under POSH Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that an authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) lacks the jurisdiction to act upon and decide complaints filed beyond the condonable limitation period of three months, as provided under the second proviso to Section 9(1) of the Act.Quashing the...

Dispute Related To Infringement Of Copyright Is Arbitrable, Arbitrator Can Be Appointed U/S 11 Of Arbitration Act: Orissa High Court

The Orissa High Court bench of Chief Justice Chakradhari Sharan Singh has held that dispute related to infringement of copyright is arbitrable for which arbitrator can be appointed by the court under section 11 of the Arbitration Act. Brief Facts The present application has been filed under section 11(6) of the Arbitration Act, seeking appointment of an Arbitrator to resolve...

On Recusal Of Arbitrator Appointed By Court U/S 11 Of Arbitration Act, Substitute Arbitrator Can Be Appointed U/S 15(2): Uttarakhand HC

The Uttarakhand High Court bench of Acting Chief Justice Manoj Kumar Tiwari has held that on recusal of previously appointed Arbitrator appointed by the court under section 11 of the Arbitration Act , a substitute Arbitrator can be appointed by the court under section 15(2) of the Arbitration Act. Brief Facts The present application under section 11 read with section 15 of...

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the two special...

Employer Has Right To Lead Evidence Even After Faulty Domestic Enquiry: MP HC

Madhya Pradesh High Court: A single bench of Justice Vivek Jain dismissed a petition filed by a workers' union against an award of Central Government Industrial Tribunal (CGIT). The award was passed in favour of a dismissed worker. He was dismissed on account of unauthorized absence and the CGIT had upheld his dismissal. The Court held that an employer can lead evidence before a tribunal...

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage.The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. The accused was the father of the victim. He is accused to...