Motor Accident: Jharkhand High Court Upholds ₹50.90 Lakh Compensation To Kin Of Deceased Lawyer

The Jharkhand High Court recently dismissed an appeal filed by Bajaj Allianz General Insurance, challenging an award of ₹50,90,176 in compensation to the family of a deceased lawyer who was killed in a road accident, while reaffirming that non-compliance with permit regulations does not constitute a fundamental breach of an insurance policy.Justice Subhash Chand presiding over the...

Rajasthan High Court Quashes Recovery Case Against Govt Employee Receiving 'Excess' Salary For 30 Years, Says Mistake Made By Department

The Jodhpur bench of the Rajasthan High Court quashed a recovery order issued by the state's finance department against a government employee who was receiving excess salary on account of an error on the department's part for almost 30 years.In doing so, high court observed that the employee did not mislead the department to get a higher pay and in fact the mistake was made by the...

Uttarakhand High Court Issues Press Note On Steps Taken For Jail Reforms In State

The Uttarakhand High Court has released a Press Note highlighting the significant steps taken towards implementing crucial Jail reforms in the State through Public Interest Litigation (PILs) aimed at providing equitable treatment to prisoners following the constitutional mandate enshrined under Article 21.“In an exceptional display of judicial vigilance and humanitarian concern, the...

Gujarat High Court Stays GNLU's Suspension Of Law Student From Hostel Over Alleged Misconduct

The Gujarat High Court on Wednesday (October 9) stayed till further orders a September notice issued by Gujarat National Law University (GNLU) suspending a student from the halls of residence "with immediate effect", in connection with an incident of alleged "misconduct". The interim order was passed in the petitioner student's plea challenging the University's September 20 suspension notice...

'Annual Confidential Report' Not Communicated To Employee Can't Be Considered To Decide Promotion: MP High Court Directs State To Restore Seniority

While reiterating that un-communicated Annual Confidential Reports (ACRs) of an employee cannot be considered while deciding their promotion, the Indore bench of the Madhya Pradesh High Court directed the state government to restore a woman employee's seniority. The high court directed the State to grant the petitioner–a state government employee, her promotion adding that her...

[Income Tax] Non-Functionality Of TRACES Portal Can't Be Ground To Deny Benefit Of Statutory Rights To Assessee: MP High Court

The Madhya Pradesh High Court has made it clear that non-functionality of Income Tax Department's TRACES Portal cannot be grounds for denying the benefit arising to an assessee under statutory provisions of the Income Tax Act, 1961. A division bench of Justices Vivek Rusia and Anuradha Shukla thus held that an assessee' TDS refund cannot be denied merely on the ground that...

Bombay High Court Quarterly Digest: July – September, 2024 [Citations 320 - 498]

Citation 2024 LiveLaw (Bom) 320 to 2024 LiveLaw (Bom) 498Nominal IndexABC v. State of Maharashtra 2024 LiveLaw (Bom) 320Ritu Dinesh Maloo v. State of Maharashtra 2024 LiveLaw (Bom) 321Kartik Vaman Bhatt v. Union of India & Ors. 2024 LiveLaw (Bom) 322Dr. Jaishri Laxmanrao Patil & Ors. v. Chief Minister, State Of Maharashtra & Ors 2024 LiveLaw (Bom) 323The Indian Express (P) Ltd....

Husband Seeks Divorce Over Wife's "Cruelty" In Making False Adultery Allegations: MP High Court Rules Alleged Paramour Not 'Necessary Party'

The Jabalpur bench of the Madhya Pradesh High Court refused to interfere with an order rejecting a woman's plea for impleadment of her husband's alleged paramour in divorce proceedings initiated by him after observing that alleged paramour was not a necessary party. The husband had sought divorce from his wife on the ground of cruelty under the Hindu Marriage Act; subsequently the wife moved...

Delhi High Court Sets Aside Arbitral Award Due To Failure Of Arbitrator To Disclose Conflict, Non-Supply Of Documents

The Delhi High Court bench of Justice Prateek Jalan has held that the duty of arbitrators of disclosure of any conflicts under Section 12 of the Arbitration and Conciliation Act, 1996 is mandatory and continuous throughout the proceedings. The court noted that disclosure must be in writing and a verbal disclosure does not suffice. The court also held that there was a violation of...

Labour Hired For Loading Is Owner's Authorized Representative, Even In Absence Of Goods On Return Journey: Rajasthan HC Gives Redress Under MV Act

Enhancing the compensation awarded in a motor accident claim by Rs. 1 Lakh, the Rajasthan High Court affirmed the liability of the Insurance Company in a case where the deceased was hired to load and unload the goods from a vehicle but when the vehicle was returning after unloading the goods, it met with an accident.A single judge bench of Justice Nupur Bhati ruled that a labourer hired...

Gujarat HC Seeks IIM Ahmedabad's Stand In Student's Plea Against Admission Cancellation On "Technical Grounds" After Completing 3/4th Course

The Gujarat High Court on Tuesday (October 8) sought the stand of Indian Institute of Management, Ahmedabad (IIMA) in a student's plea challenging the cancellation of his admission in the two-year postgraduate program over non-submission of certain documents within time, despite having completed three-fourth of the course at the business school.A single judge bench of Justice Anirudhha P Mayee...

Due Date For Employer To Deposit Employee's Contribution To PF Not Governed By S.43B Income Tax Act: Rajasthan HC Reiterates

The Rajasthan High Court has reiterated that share of the employee in the provident fund deducted by the employer, has to be deposited as per the due date fixed by the EPF Act and ESI Act, and not as per Section 43B of the Income Tax Act, 1961. The Scheme framed under Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) provides that employee's contribution shall...