Person Awarded Work Through Quotation Process Can Still Be 'Employee' Under Employees Compensation Act If He Personally Executes Work: Kerala HC

The Kerala High Court has held that a person engaged through a quotation or tender process may still qualify as an “employee”under Employees Compensation Act , 1923 and entitled to compensation if he personally participates in the execution of the work.Justice S. Manu delivered the judgment in an appeal against the direction of the Industrial Tribunal and Employees Compensation...

Victim's Birth Certificate Registered 17 Years After Birth Cannot Automatically Establish Minority: Sikkim HC Acquits Man In POCSO Case

The Sikkim High Court has held that a birth certificate registered years after a person's birth cannot automatically be presumed to be correct when statutory requirements under the Registration of Births and Deaths Act, 1969, were not complied with. The division bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan observed that the birth certificate was issued on April 5,...

Writ Court Can't Grant Interim Relief After Relegating Party To Alternative Forum: MP High Court

The Madhya Pradesh High Court has clarified that once a writ court has refused to entertain a petition and directed the petitioner to seek an alternative forum, it cannot exercise its jurisdiction to pass an interim order. The bench of Justice GS Ahluwalia and Justice Deepak Khot observed:"Thus, it is clear that where the Writ Court has refused to entertain the writ petition and has relegated...

FCI Can Recover Amounts For Delay In Completing Black-Topping Of PEG Godown Roads: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that black-topping of internal roads forms an essential component of the infrastructure required under the Private Entrepreneur Guarantee (PEG) Scheme and that recoveries effected by the Food Corporation of India (FCI) for failure to complete such work within the stipulated period cannot be faulted merely because the godown continued...

Repeated Defaults In Appearance, Possibility Of Evading Trial Justify Interim Compensation Under NI Act: J&K&L High Court

Ruling on the evolving contours of Section 143-A of the Negotiable Instruments Act, the High Court of Jammu & Kashmir and Ladakh has held that while interim compensation under Section 143-A of the Negotiable Instruments Act is not to be granted mechanically, the conduct of the accused, including repeated defaults in appearance, the likelihood of delaying the trial, and...

Karnataka High Court Stays JJ Act Case Against Murugha Mutt's Seer Accused Of Concealing Info About Minors Residing In Orphanages

The Karnataka High Court on Friday [June 12] stayed the criminal proceedings pending against Dr. Shivamurthy Murugha Sharanaru, the pontiff of Murugha Mutt in Chitradurga in a JJ Act case alleging concealment of information about minors residing in institutions/orphanages run by the Mutt.The single judge bench of Justice M. Nagaprasanna, while hearing a petition filed by the seer challenging...

Delhi High Court Declines Suo Motu Cognizance Of Social Media 'Trolling' Of Trial Judge Over Stay On FIR Against Abhijit Iyer Mitra

The Delhi High Court on Friday (June 12) refused to take suo motu cognizance of "social media trolling" of a trial court judge who stayed an order directing FIR against commentator Abhijit Iyer Mitra on a complaint filed by digital news platform Newslaundry's Editorial Director Manisha Pande accusing him of abusing her and other women employees online. For context, the trolling is stated to...

Limitation Act | Suit For Compensation By Dependent Of Deceased Not Barred Under Article 82: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a suit filed by a dependent seeking compensation for the death of a family member is not barred by limitation under Article 82 of the Limitation Act, 1963, if the claim is based on an independent civil right and not under the Fatal Accidents Act.Justice Nidhi Gupta said, "suit of the plaintiff is not governed by Article 82 of the Limitation Act;...

CBSE Class XII OSM Row: Delhi High Court Refuses To Pass Urgent Directions To Reopen Verification Portal

The Delhi High Court on Friday refused to pass any urgent directions for reopening of CBSE's verification portal for now for the purposes of reevaluation of answer sheets of aggrieved Class XII students.“Let individual students approach. They will take care,” a vacation bench comprising of Justice Neena Bansal Krishna and Justice Madhu Jain said, adding that the final results of students...

SC/ST Act | Cognizance, Charge-Framing Orders Are Appealable U/S 14A, Can't Be Challenged Directly U/S 482 CrPC: Rajasthan HC

The Rajasthan High Court dismissed a petition challenging order of cognizance and framing charges under the SC/ST Act, 1989 (“the Act”) opining that these orders were appealable under Section 14A of the Act. The bench of Justice Anoop Kumar Dhand held that the order of taking cognizance and order of framing charges were not interlocutory in nature, and as per Section 14A of the Act, an...

Bhima-Koregaon Case: Bombay High Court Seeks NIA Response On Varavara Rao's Plea To Shift To Hyderabad

The Bombay High Court on Friday (June 12) issued notice on petition by 85-year-old Telugu Poet P Varavara Rao, accused under the Unlawful Activities Prevention Act in the Bhima Koregaon case, seeking permission to move to Hyderabad stating that living in Mumbai is not affordable for him. Rao, has challenged a March 16 order passed by a special NIA Court, which dismissed his application to...

Lucknow Advocates' Strike Over Demolition Drive 'Illegal': Allahabad HC; Seeks Explanation On Lathi Distribution, Provocative Speeches

Taking a stern view of the recent clash between advocates and the local administration, the Allahabad High Court (Lucknow Bench) on Tuesday declared the 8-day strike by local advocates against an anti-encroachment drive as "unjustified and illegal". A Bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti also took strong exception to the circulation of 'provocative'...