High Courts
Indefinite Probation Extension Beyond Regulatory Limits Invalid; Bombay HC Reinforces Procedural Safeguards
Bombay High Court: A Division Bench comprising Justice Ravindra V. Ghuge and Justice M.M. Sathaye ruled that Mumbai Port Authority's (MbPA) termination of a Chief Law Officer's probation based on an internal inquiry report without due process was stigmatic and unjustified. The Court found that the indefinite extension of probation violated the Mumbai Port Trust Employees Regulations,...
Karnataka HC Refuses To Let BESCOM Officer 'Off Hook' For Deaths After Transformer Burst, Says Compensation Doesn't Mask Dereliction Of Duty
The Karnataka High Court has refused to quash criminal prosecution initiated against a Junior Engineer in BESCOM, after a father and her daughter died by electrocution due to a transformer burst on a road.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Mahanthesh S Nagur and said, “There are several complaints, before the fateful day, to rectify the defect in...
Non-Speaking Dismissal Orders And Procedural Lapses In Disciplinary Proceedings Violate Natural Justice: MP HC
Madhya Pradesh High Court: A Single Judge Bench of Justice Sanjay Dwivedi invalidated the dismissal of a Bhopal Development Authority (BDA) employee, finding significant violations of natural justice principles. The court held that the disciplinary proceedings against Vijay Singh Yadav were fundamentally flawed due to the absence of witness testimony, failure to provide essential...
Rajasthan High Court Refuses To Quash Cheque Bounce Case Against Man Who 'Avoided' Arrest For 12 Years
The Jaipur bench of the Rajasthan High Court rejected a man's quashing petition booked in a cheque bouncing case sought on the ground of compromise between parties, after noting that the plea was in effect a "review" of an earlier revision petition which had already been dismissed by the court last year. In doing so the high court refused to interfere with a coordinate bench's decision...
Arbitrary Downgrading Of Military CRs Without Cogent Reasoning Violates Procedural Guidelines: Delhi HC
The Delhi High Court: A Division Bench comprising Justice Navin Chawla and Justice Shalinder Kaur partially allowed a petition challenging biased Confidential Reports (CRs) of an Army officer. The court found that the downgrading of Brigadier Gopal Mohan Atri's ratings by superior officers was arbitrary and inconsistent with his service record. Emphasizing the need for objective...
Bar On Credit Society Members Contesting Beyond 3 Terms Illegal: Kerala HC Strikes Down S.28 (2A) Of Co-operative Society Amendment Act 2023
The Kerala High Court has declared Section 28 (2A) of the Kerala Co-operative Society Amendment Act, 2023 as illegal, unconstitutional and against the principles of co-operative member control.Section 28 deals with the constitution of the Committee for the management of the affairs of the Society. Section 28 (2A) states that no member of a credit society shall be eligible for election to...
S.139 NI Act | Once Complainant Proves That Cheque Was Issued By Accused To Discharge Debt, Burden Shifts On Accused: J&K High Court
Spotlighting the critical shift in evidentiary burden under Section 139 of the Negotiable Instruments Act, 1881 the Jammu and Kashmir and Ladakh High Court has observed that once the complainant proves that a cheque was issued by the accused to discharge a debt, Section 139 mandates that the burden of proof shifts to the accused.The accused is then required to prove that the cheque was not...
Industrial Court Lacks Jurisdiction In Absence Of Clear Employer-Employee Relationship: Bombay HC
Bombay High Court: A single Judge bench of Justice Sandeep V. Marne allowed Tata Steel's writ petition. It held that the Industrial Court lacked jurisdiction to decide the employment status of canteen workers, as the nature of the employer-employee relationship was itself disputed. The court ruled that under the Maharashtra Recognition of Trade Unions and Prevention of Unfair...
Termination Without Section 25F Notice; Monetary Compensation Adequate When Employee Found In Similar Employment: Bombay HC
Bombay High Court: A Single Judge Bench of Justice Anil L. Pansare upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not...
Uttarakhand HC Issues Contempt Notice To DoPT Secy Over Non-Compliance With Orders To Supply IFS Sanjeev Chaturvedi's Empanelment Records
Recently, the Uttarakhand High Court issued a contempt notice to the Secretary of Centre's Department of Personnel and Training (DoPT) for failing to comply with the Court's order to supply records relating to the process and decision-making of IFS Sanjeev Chaturvedi's empanelment to the position of Joint Secretary at the Centre. The bench comprising Justice Alok Kumar Verma heard the...
S.14 HMA | Divorce Petition Within 1 Year Of Marriage Barred, Can Only Be Entertained In Case Of Exceptional Hardship: Allahabad High Court
The Allahabad High Court has held that Section 14 of the Hindu Marriage Act, 1955 bars presentation of a petition for divorce cannot be filed within a period of 1 year from the date of marriage and can only be entertained in case of exceptional hardship caused to the spouse.It was held that an application under Section 14 must be filed by the spouse seeking divorce within a year of marriage...
Allegations Of Adultery Against Wife To Be Decided Before Application For Maintenance U/S 125 CrPC: Allahabad High Court
The Allahabad High Court has held that allegations of adultery against wife must be decided before the application for maintenance under Section 125 CrPC.Revisionist-husband approached the High Court against the order of the Additional Principal Judge, Family Court, Firozabad awarding interim maintenance of Rs. 7000/- to the respondent-wife under Section 125 CrPC. It was argued that the...