MP High Court Orders Release Of Gratuity To Widow Of Bank Employee Terminated For Misappropriating Money, Says No Forfeiture Sans Conviction

The Madhya Pradesh High Court, on Monday (October 6), ordered the release of gratuity to the widow of a bank employee who was terminated for misappropriating ₹1 lakh from the branch cash chest, noting that since there was no criminal prosecution, the bank cannot forfeit gratuity. Per the facts of the case, the employee had filed a departmental appeal post-termination, which was...

Continuous Promotional Advantage To Reserved Category Without Reassessing Seniority Violates Right To Equality: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the principle of equality enshrined in Articles 14 and 16 of the Constitution serves as the cornerstone of fair and just governance.Court stated that in the context of service promotions, this principle mandates that no employee—whether from the reserved or general category—should be placed at a permanent advantage or disadvantage once...

P&H High Court Seeks Union, Bar Council's Response On Plea Alleging That Jindal University Misrepresented 3-Yr LLB Course As Honours Degree

The Punjab and Haryana High Court has sought responses from the Union Government and the Bar Council of India and other authorities on a petition alleging that O.P. Jindal Global University allegedly misrepresented its 3-year LLB program as an “Honours” degree.In a petition filed by Nipun Gupta who graduated from the O.P Jindal University submitted that the University at all times...

Unexplained Delay Of 2 Months In Filing FIR, Victim's Testimony Not Truthful: Punjab & Haryana High Court Upholds Acquittal In Rape Case

The Punjab & Haryana High Court upheld the acquittal in a rape case observing that the statement of the alleged victim was not reliable and there was an unexplained delay of 2 months in registration of the FIR.The Court noted that prosecutrix during cross examination also stated that the accused was holding the pistol in one hand and the mobile phone in other hand and caught hold of her...

WhatsApp Message Alleging Targeting Of Particular Religious Group May Constitute Offence Of Promoting Enmity U/S 353(2) BNS: Allahabad High Court

The Allahabad High Court has observed that circulating a WhatsApp message to multiple persons alleging that people of a particular religious community were being targeted would prima facie amount to offence of promoting feeling of enmity, hatred & ill will between religious communities under Section 353 (2) BNS. A bench of Justice JJ Munir and Justice Pramod Kumar Srivastava made...

POCSO Victim Or Their Parents Need Not Be Involved In Appeal Against Conviction, But Must Be Impleaded For Suspension Of Sentence: Madras HC

The Madras High Court recently observed that in offences under the Protection of Children from Sexual Offences Act, it was not necessary to involve the victims of their parents. The court, however, added that impleading the victim, their family or the de facto complainant was essential in case of regular bail applications and for suspension of sentence. Justice K Murali Shankar...

Company Hosting 'Bigg Boss Kannada' Moves High Court Against Sealing Of Premises, Eviction Of Contestants By Pollution Control Board

VELS Studio And Entertainment Private Limited, which is hosting reality show 'Big Boss Kannada' at its premises in Bidadi, has moved the Karnataka High Court challenging State Pollution Control Board's October 6 order directing immediate closure of the studio premises. The plea states that the action of the Karnataka State Pollution Control Board is arbitrary, unlawful, and without...

Husband Can't Use Child As Pawn To Prove Wife's Adultery: Madras High Court Refuses Plea For DNA Test

The Madras High Court recently refused a man's application seeking a DNA test of his child, alleging that the child born to the couple during their marriage was not his. While doing so, Justice Shamim Ahmed made it clear that DNA tests could not be used as shortcuts to prove alleged infidelity that may have taken place decades ago. The court added that the necessity of DNA tests should...

Bombay High Court Grants Ad-Interim Relief To Reliance In 'JIO' Trademark Infringement Suit Against Cab Operators

The Bombay High Court on Tuesday granted an ad-interim injunction to Reliance Industries Limited, restraining the use of its registered 'JIO' trademark by parties offering taxi services under the domain name www.jiocabs.com.A bench of Justice Somasekhar Sundaresan observed that Reliance had made out a strong prima facie case and observed that continued use of a well-known brand could...

Karnataka High Court Suggests Amendment Of CPC To Facilitate Quick Resolution Of Final Decree Proceedings In Partition Suits

While considering a dispute involving a partition suit, the Karnataka High Court has suggested the legislature to revisit and suitably amend the Civil Procedure Code to facilitate quick resolution of final decree proceedings.Justice Ananth Ramanath Hegde said: “When it comes to delay in court proceedings, partition suits occupy the top of the list, among various categories of litigation....

Kerala High Court Stays Loan Recovery Proceedings Against Wayanad Landslide Victims

The Kerala High Court has ordered that all recovery proceedings against Wayanad landslide victims be kept in abeyance until the writ petition initiated after the large-scale landslide that hit Wayanad on July 30, 2024 is disposed of.The division bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian issued the interim order after criticising the Central Government for...

Mere Agreement To Sell With Option To Lease Does Not End Landlord-Tenant Relationship: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when an agreement to sell has the option to either sell or lease the property, the landlord tenant relationship continues to exist.The Court clarified that according to Section 54 of the Transfer of Property Act, 1882 “Agreement to Sell does not create any title in favour of the purchaser as it is only an Agreement to Sell but not sale or...