Compassionate Appointment On Father's Death In Motor Accident Doesn't Affect Right To Compensation Under MV Act: Jharkhand High Court

The Jharkhand High Court, in a recent appeal filed by the New India Assurance Company, upheld the entitlement of the deceased's legal heirs to compensation under the Motor Vehicles Act, notwithstanding the compassionate appointment of the deceased's son following his death in a motor accident.A single bench of Justice Subhash Chand observed, “The provision of the compassionate appointment...

Delhi High Court Issues Notice To Centre On AAP's Plea For Allotment Of Residential Accommodation To Arvind Kejriwal

The Aam Aadmi Party (AAP) has filed a plea in the Delhi High Court to direct the Union of India (Ministry Of Housing And Urban Affairs) to allot a residential accommodation to Arvind Kejriwal, in his capacity as the National Convenor of the party.A single judge bench of Justice Sanjeev Narula heard the matter on Friday and issued notice to the Centre.AAP relied on Rule 26(iii) of an...

Kerala High Court Calls For Protection Of Nurses From Malicious Medical Negligence Cases, Says They Deserve Moral Support

“They should be given moral support by the society and government. They should be allowed to work without fear of any prosecution and let them known as Indian nursing Nightingales.”

Scope of Judicial Review In Technical Matters Related To Infrastructure Projects, Land Acquisition Is Limited: Kerala HC Reiterates

Dismissing an appeal against an order rejecting the challenge to a land acquisition for construction of a Railway Over Bridge (ROB) at Edava in Thiruvananthapuram District, the Kerala High Court reiterated that the scope of judicial review in such technical matters like infrastructure projects and land acquisition is limited.In doing so the court underscored that a balance has to be...

Kerala High Court Weekly Round-Up: October 21 – October 27, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 653 – 678]Ali @Aliyar v State of Kerala, 2024 LiveLaw (Ker) 653Sindhu Sivadas v State of Kerala and Another, 2024 LiveLaw (Ker) 654Sharun v State of Kerala and Others & Connected cases, 2024 LiveLaw (Ker) 655Vinil v State of Kerala , 2024 LiveLaw (Ker) 656Abhirami Girish v State of Kerala and Another, 2024 LiveLaw (Ker) 657Surendra Kumar v...

Ad Hoc Service Counts For Seniority When Properly Regularized; Gauhati HC

Gauhati High Court: A Division Bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita dismissed a writ appeal challenging the seniority claim of a school principal appointed initially on an ad hoc basis. The Court ruled that when ad hoc appointments are regularized following due selection processes, seniority must be counted from the initial appointment date. The Court...

Failure To Consider Counsel's Medical Condition And Passing Ex-Parte Order Violates Natural Justice Warrants Setting Aside Appellate Authority's Order: Kerala HC

Kerala High Court: A Single Judge Bench of Justice N. Nagaresh set aside the Appellate Authority's ex-parte order in a gratuity dispute between HDFC Bank and its former Vice President. The court found that the Authority's failure to grant reasonable adjournments despite valid medical certificates violated principles of natural justice. The case concerned whether “personal pay”...

Dual Prosecution Under IPC And EPF Act For PF Defaults Valid; Serves Distinct Objectives: Kerala HC

Kerala High Court: A Single Judge Bench of Justice K. Babu upheld the trial court's refusal to discharge S. Mohammed Nowfal, proprietor of Tasty Nuts Factory. The Court held that prosecution under Section 406 IPC for criminal breach of trust involving PF defaults does not require prior sanction under Section 14-AC of the EPF Act. The Court emphasized that the 1973 addition of Explanation...

Allahabad High Court Upholds Reinstatement As Standard Remedy, But Percentage Of Back Wages To Be Subject To Facts

The Allahabad High Court Bench comprising of Justice Chandra Kumar Rai heard a petition revolving around the dismissal of a bus conductor by the Uttar Pradesh State Road Transport Corporation (“UPRTC”). Here, the fairness of the disciplinary proceedings which led to the respondent's dismissal for allegedly allowing passengers to travel...

'Troubling Pattern': High Court Directs Punjab DGP To Explain Repeated Non-Appearance Of Prosecution Witnesses In NDPS Cases

Continued indifference by the prosecution will not be tolerated, said the Punjab & Haryana High Court while seeking affidavit from DGP Punjab explaining "the repeated non-appearances of prosecution witnesses, particularly in cases registered under the NDPS Act."Justice Manjari Nehru Kaul said, "This court has noted a troubling pattern where prosecution witnesses, primarily police...

Permanency Of Post Not To Be Granted Merely On The Completion Of Certain Days Of Service; But To Be Considered If Scheme Present For The Same:Bombay High Court

The Bombay High Court Bench of Justice Sandeep V Marne considered a petition against an order passed by the Industrial Court allowing Respondents grant of permanency as well as other benefits. The Court ordered that simply completion of 240 days of service is not enough to mandate permanent post, however, in case creation of permanency was in consideration, via scheme provision or...

Disabilities Can Be Attributed To Service In Army Due To Stressful Work Conditions, Delhi High Court Grants Disability Pension

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur attributed the disabilities of the Respondent to his Service considering that an Army Personnel undergoes rigorous work stress and strain. It upheld the order of the Armed Forced Tribunal stating that the Army personnel worked in a stressful and hostile environment and thus, presumably,...