Plea Filed In Punjab & Haryana High Court Seeking CBI Probe Into IPS Officer Y Puran Kumar's Alleged Suicide

The Punjab and Haryana High Court today adjourned the hearing on a petition seeking a CBI probe into the alleged suicide of a Senior Haryana IPS officer Y. Puran Kumar. The plea, filed by Navneet Kumar, President of a Haryana NGO, calls for an independent investigation into the circumstances surrounding the officer's death, citing concerns over the impartiality of the ongoing...

Bombay High Court Imposes ₹50,000 Cost On Petitioner For Challenging Reserved NCLT Order

The Bombay High Court recently imposed a cost of ₹50,000 on a petitioner for filing a writ petition against a National Company Law Tribunal (NCLT) order that had merely been reserved and not yet pronounced.A division bench of Justices R I Chagla and Farhan P Dubash held that the petition was not maintainable before the High Court “Thus, the Order reserved has not yet been...

Serious Doubt That ED Clerk Assigned To Desk Work Can Serve Summons: Allahabad High Court Flags 'Improper' Service In PMLA Case

The Allahabad High Court (Lucknow Bench) recently raised serious doubts over the Enforcement Directorate's (ED) action to serve summons in a money-laundering case linked to the alleged UP Police recruitment paper leak, though an Upper Division Clerk (UDC), who is typically assigned desk works. Granting anticipatory bail to the accused, Justice Subhash Vidyarthi observed that the service...

Externment Order Can't Curtail Liberty Or Livelihood On Unsubstantiated Grounds: Delhi High Court

The Delhi High Court has observed that an externment order cannot be used to deprive an individual of his or her liberty and right to livelihood, on the grounds which are totally unsubstantiated.Justice Neena Bansal Krishna said that Externment Order is not a judicial adjudication of an offence committed by an individual, but it lies in the realm of law and order in the context of escalation...

Clause In Insurance Policy Shortening Limitation Period Is Void U/S 28 Contract Act: Delhi High Court

The Delhi High Court restored an arbitral award in favor of M/s H.P. Spinning Mills Pvt. Ltd.(Appellant) which was set aside 16 years ago holding that clause of the insurance policy which required claims to be made within 12 months from the date of loss was void and unforceable under section 28 of the Indian Contract Act. The court held that the Single Judge erred in relying on...

[POSH Act] 'Formation Of ICC Cannot Be Challenged After Receiving Unfavourable Result In Its Inquiry': Bombay High Court

The Bombay High Court has held that once an employee has voluntarily participated in the proceedings before an Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, they cannot later challenge the validity of its constitution merely because the outcome of the inquiry is unfavourable.A Division Bench...

'Higher Credence Is Given To Award Passed After Detailed Pre-Arbitral Process': Bombay High Court

The Bombay High Court has held that arbitral awards passed after a detailed pre-arbitral process contractually agreed upon by the parties deserve a higher degree of credibility and judicial deference. The Court refused to grant an unconditional stay on the execution of an arbitral award in favour of the contractor, holding that mere disagreement with the arbitral tribunal's findings does...

Kerala High Court Conducts In-Camera Proceedings In Sabarimala Gold Loss Case

The Kerala High Court on Tuesday (October 21) conducted in-camera hearing of the Sabarimala gold loss case. A notification in this regard was issued by the High Court's Registry on Monday (October 20).Accordingly, today, a Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar took up the matter in-camera. On the last hearing, flagging the issue of contradicting...

Orissa High Court Quashes 'Strange' Order By POCSO Court Denying Bail To School Principal Booked In Bailable Offence

The Orissa High Court has quashed an order passed by a Special Court under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') which denied bail to the Principal of a Higher Secondary School for failing to report alleged sexual harassment meted out to a minor female student by a Lecturer.While setting aside the impugned order, the Bench of Justice Gourishankar...

Old Pension Scheme As Per Job Advt Can't Be Denied Because Employees Joined After Cut Off Date; Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that appointees selected pursuant to advertisements issued prior to 01.01.2004 are entitled to the benefits of the Old Pension Scheme, even if their actual appointment or joining occurred after the introduction of the New Pension Scheme. Background Facts...

CA-Certified Audited Statements Are Valid Proof Of Actual Expenditure: Delhi High Court Partly Upholds Arbitral Award Against NHAI

The Delhi High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by National Highways Authority of India (NHAI) against an arbitral award passed in favor of Hindustan Construction Company Ltd. (HCC). The court further held that the arbitrator's award of compensation for expenses incurred during extended time...

Orissa High Court Sets Aside Family Court Order Denying Visitation Rights To Father Pending Custody Battle, Orders Fresh Consideration

The Orissa High Court has recently set aside an order passed by a Family Court whereby the biological father was denied visitation rights to meet his son while the custody case is pending for consideration.A Single Bench of Justice Sanjay Kumar Mishra gave much emphasis to the visitation rights of parents and underlined that such rights should be determined keeping in view the best interest...