Pension Or Retiral Benefits Of Govt Employee Can Only Be Withheld When Cognizance Is Taken On Police Report Before Retirement: MP High Court

In a recent judgement, the High Court of Madhya Pradesh held merely on the basis of a complaint or report against the government servant before the date of retirement, he cannot be deprived of his right to a pension or other retiral dues. There must be cognizance of the complaint or report of a police officer on the date of retirement.The Counsel for the petitioner argued that withholding the full pension and gratuity is illegal, and arbitrary under Rule 9 of the Pension Rules, 1976. He further...

Accused To Be Produced Before Magistrate Within 24 Hours From 'Apprehension', Not From Official Arrest: Telangana High Court

Addressing the subject of detention and production of accused persons, the Telangana High Court recently said that the 24-hour period for producing a person before a magistrate is to be calculated from the moment a person is apprehended, not from when the arrest is officially recorded.A division bench comprising of Justice P. Sam Koshy and Justice N. Tukaramji said, "Accordingly, this Bench has no hesitation in reaching to the conclusion that question No.1 as regards the commencement of the...

National Highways Dept Cannot Deny Payment Of Compensation Amount Merely Based On Objection Due To Title Dispute: Madras High Court

The Madras High Court recently directed the National Highways Department to disburse the compensation amount to a man who had a better title to the property but was not given compensation due to a title dispute. Justice N Satish Kumar noted that the objection was made after a long time which showed an attempt to make inroads the property sold in 1972. “This Court is of the view that the very nature of the objection made after long number of years and the very conduct of the third ...

7 Yrs After Husband's Accidental Death By Falling From Running Train, Jharkhand High Court Grants ₹8 Lakh Compensation To Widow

The Jharkhand High Court has granted Rs 8 Lakh along with interest as compensation to the widow of a man who died in 2017 after accidentally falling from a running train, setting aside a decision by the Railway Claims Tribunal which had rejected her claim. In doing so the high court ruled that the deceased was a bona fide passenger, despite the absence of a ticket during the inquest report.While delivering the judgement, a single judge bench of Justice Subhash Chand observed, “As such, this...

Gauhati High Court Seeks State's Response On Amount Of Money Loaned To First-Time Entrepreneurs In Plea Over Non-Payment Of Dues To Tenderer

The Gauhati High Court recently asked the Assam Government to apprise it as to the money used by the State with regard to loans being given to first-time entrepreneurs. The said direction was passed by a single judge bench of Justice Michael Zothankhuma in a writ petition filed by a person regarding non-payment of the dues after an action to de-hire the premises was taken by State authorities, which was provided by the petitioner pursuant to a Notice Inviting Tender (NIT) to open Foreigners...

Consumer Commission Empowered To Issue Arrest Warrant Against Director For Company's Failure To Comply With Orders: Delhi High Court

The Delhi High Court has observed that the issuance of arrest warrant by a Consumer Commission to a Director of a company, for the Company's failure to comply with the Commission's order, is not a determination of the director's personal liability, but a procedural mechanism to ensure that the company complies with the orders.The Court stated that the power of Consumer Commissions to issue arrest warrants is derived from Section 71 of the Consumer Protection Act, 2019.A single judge bench of...

Calcutta High Court Orders Enquiry Against Police Officers Accused Of Tampering Evidence In Sexual Assault Case

The Calcutta High Court has ordered an enquiry against several police officers who have been accused of tampering with evidence related to a case of sexual assault. The Court also cancelled the bail granted to the accused by the trial court due to the lapses in the police investigation.A single bench of Justice Rajasrhi Bharadwaj while dealing with the lapses on the part of the...

Shocked Conscience Of Court: Punjab & Haryana High Court Flags “Unacceptable Lapses” Over Convict's Acquittal After Completion Of Sentence

Observing that the case "shocked the conscience" of the Court, the Punjab & Haryana High Court flagged "the protracted delay" in the listing of appeals wherein a rape convict was acquitted by the High Court after completion of his entire sentence.The Court acquitted the convict stating that the prosecution failed to prove its case and the circumstances indicate that they were in a...

High Court Declines Urgent Hearing For Plea Challenging Fresh Strike Called By Junior Doctors In West Bengal

The Calcutta High Court has declined an urgent hearing for a plea challenging a fresh strike called by junior doctors in West Bengal in response to the brutal incident of rape and murder of a resident doctor at RG Kar hospital. Junior doctors across the state had initially protested against the incident, demanding safety at the workplace and accountability of those running the institutions....

Criminal Appeals Once Admitted Cannot Be Dismissed For Non-Representation/ Non-Prosecution: Kerala High Court

The Kerala High Court held that if a Criminal Appeal is not summarily dismissed under Section 384 of the Code of Criminal Procedure (Cr.P.C), then it cannot be dismissed for non-representation or non-prosecution.Justice A. Badharudeen observed:“Thus the legal position emerges is that when an appeal is not summarily dismissed under Section 384 of Cr.P.C and the appellate court admits the...

Unexplained Cash Credit In Bank Account Would Be Treated As Income : Chhattisgarh High Court

The Chhattisgarh High Court recently upheld an ex-parte assessment under Section 144 of the Income Tax Act, 1961, against an assessee who failed to participate in assessment proceedings or explain the source of a cash deposit of ₹11,44,070 in his bank account. The bench comprising Justices Sanjay K Agrawal and Amitendra Kishore Prasad noted that under Sections 68 and 69A if an assessee...

Pendency Of Complaint Against Transfer Does Not Justify Govt Employee's Failure To Join Place Of Posting, Absence From Duty: MP High Court

In a recent judgement, the Madhya Pradesh High Court set aside a decision of a single judge bench that had validated the absence of a government employee from duty while a complaint against his transfer was pending before the authority.The division bench of the Madhya Pradesh High Court held that remaining absent from duty citing a pending complaint as a reason for the absence, is not...