[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...

'Unrelated Party To Contract Cannot Be Regarded As Veritable Party To Arbitration Agreement': Bombay High Court

The Bombay High Court has held that an unrelated third party to a contract cannot be treated as a “veritable party” to the arbitration agreement and hence cannot be compelled to participate in the arbitral proceedings. The Court reiterated that the doctrine enabling non-signatories to be treated as parties to an arbitration agreement applies only where there exists a close relationship,...

Magistrate Order Summoning Accused Despite Cancellation Report Can Be Challenged In Revisional Jurisdiction: Delhi High Court

The Delhi High Court has ruled that an order passed by a Magistrate issuing process or summoning an accused, despite a cancellation report filed by the police, can be challenged in revisional jurisdiction before the sessions court or the High Court.“Thus, it can be concluded that an order of a Magistrate issuing process or summoning an accused under Sections 200 to 204 Cr.P.C. does not...

Special Court Can Order Further Investigation After Submission Of Final Report: Kerala High Court

The Kerala High Court has recently upheld the power of a Special Court to direct further investigation even after a final report has been filed by the investigating agency concluding that no offence was made out against certain public servants.Justice A. Badharudeen, delivered the judgment in a petition challenging the order of the Special Court directing further investigation in a case...

Chain Pulling By Railway Employee To Help Boarding: Doesn't Constitute Misconduct To Reduce Pay : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that mere chain pulling by a Railway employee without allegation or proof of absence of reasonable and sufficient cause does not constitute misconduct under Railway service rules. Background Facts The petitioner was employed as a Head Ticket Examiner with the...

Karnataka High Court Monthly Digest: September 2025

Citation No: 2025 LiveLaw (Kar) 293 to 2025 LiveLaw (Kar) 324Nominal Index:C Naveen Kumar & Other AND Union of India & Others. 2025 LiveLaw (Kar) 293Deepa Angadi AND State of Karnataka & Others. 2025 LiveLaw (Kar) 294G Satyanarayana Varma AND State of Karnataka & Others. 2025 LiveLaw (Kar) 295Hareesh AND A S Umesh & Others. 2025 LiveLaw (Kar) 296K J Jaljakshi AND...