Pensionary Benefits Can't Be Withheld Indefinitely On Account Of Possible Disciplinary Proceedings In Future: Karnataka High Court

The Karnataka High Court has said that pensionary and retiral benefits of a former employee cannot be withheld indefinitely on account of a possible disciplinary proceedings on a future date.A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi held thus while dismissing appeal by Bangalore Electricity Supply Company Limited against single judge's order directing the company to...

SFIO Probe Against Company Citing Public Interest 'Extremely Serious Action', Due Application Of Mind Must: Delhi High Court

The Delhi High Court has observed that Serious Fraud Investigation Office (SFIO) investigation against a company citing public interest is an extremely serious statutory action and an order to that effect must reflect due application of mind. “An order under Section 212(1)(c) of the Act, 2013 directing investigation by the SFIO is not a routine administrative measure. It is in the nature of...

Orissa High Court Waives Bail Condition Stipulating One Surety To Be Relative Of Accused, Calls It 'Onerous'

The Orissa High Court has waived a bail condition imposed by a Sessions Court requiring the accused to furnish two sureties, one of whom must be his 'kin/relative', on the ground that putting such 'onerous' condition defeats the purpose of bail.A single bench of Justice Gourishankar Satapathy also held that putting such conditions which are impossible to comply is against the intention of...

Kerala High Court Permits Enrollment Of Retired Govt Employee Who Completed LLB Degree Through Evening Classes

The Kerala High Court has permitted the enrollment of a retired government employee, who completed LLB degree by attending evening classes.Justice N Nagaresh disposed of the writ petition which was filed challenging the denial of enrollment to a retired employee who has completed his LL.B in 1994 by attending evening classes. Previously, an interim order was issued directing the Bar Council...

Every OTS Scheme Is Time-Bound; Borrower Has No Vested Right To Seek Extension: Allahabad High Court

The Allahabad High Court recently dismissed a writ petition filed by M/s Jaharveer Maharaj Agro Pvt. Ltd., while holding that every 'One Time Settlement' (OTS) scheme is 'time-bound' and a borrower has no vested right to seek an extension beyond the period prescribed under the said scheme. A Bench of Justice Shekhar B Saraf and Justice Praveen Kumar Giri observed that in...

Hindu Marriage Act | Presumption Of Valid Marriage Doesn't Always Diminish Merely Due To No Direct Evidence Of 'Saptapadi': Delhi High Court

The Delhi High Court has ruled that the presumption of a valid marriage is not diminished simply because there is no direct or positive proof of the ceremony of Saptapadi having taken place between the parties. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that if there is even some evidence showing that the parties went through a form...

Bail Can't Be Cancelled Merely Because Accused Sought Exemption From Appearance On Few Hearing Dates: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that seeking exemption from appearance on a few hearing dates during trial, by itself, does not justify cancellation of bail granted to an accused.Justice Yashvir Singh Rathor said,"Merely, because petitioner had sought exemption on three dates out of six dates of hearing, it cannot be inferred that he had wilfully absented himself or was hampering...

MP High Court Directs Advocate Objecting To Song 'Bhai Vakeel Hai' From Jolly LLB 3 To Implead Film's Director & Producer

While hearing a PIL objecting to the depiction of lawyers and the judiciary in the song 'Bhai Vakeel Hai' from the upcoming film Jolly LLB 3, the Madhya Pradesh High Court on Tuesday (September 9) directed the petitioner to implead the producer and director of the movie.The film starring actors Akshay Kumar and Arshad Warsi is scheduled for release on September 19. Thus a division bench of...

'Second FIR After 22 Years Not Proper': Allahabad High Court Grants Bail To Mukhtar Ansari's 'Aide' In 2001 Usri Chatti Murder Case

The Allahabad High Court last week granted bail to an alleged aide of Mukhtar Ansari, in connection with the 2001 Usri Chatti murder case, as it noted that the registration of a second FIR regarding the same incident after 22 years "does not appear proper". A bench of Justice Subhash Vidyarthi thus allowed Sarfaraz Ansari @ Munni's bail application, taking into account that an...

Court Framing Charge Can't Discard Rape Allegation Merely Because It Was Made For First Time In S.164 CrPC Statement: Rajasthan High Court

The Rajasthan High Court held that merely because the allegation of rape was alleged by the prosecutrix for the first time during the statements under Section 164 CrPC, that in itself could not be a reason to discard the same at the stage of framing of charges.The bench of Justice Sandeep Shah was hearing a petition against the order of the Additional Sessions Judge that had framed...

Allahabad High Court Directs UP Govt To Frame Scheme For Administration Of Lucknow's Ancient Buddheshwar Temple

The Allahabad High Court (Lucknow Bench) last week directed the Secretary, Department of Religious Affairs (Dharmarth Karya Vibhag), Government of Uttar Pradesh, to look into the affairs of the Buddheshwar Mahadev Temple in Lucknow and propose a scheme for its administration. A Bench of Justice Sangeeta Chandra and Justice Brij Raj Singh passed the order on a writ petition filed...

Wife Can't Be Denied Maintenance Merely Because She Filed Application After Husband's Divorce Plea: Delhi High Court

The Delhi High Court has said that a wife cannot be denied maintenance merely because she files an application for such a relief only after the husband files a divorce petition.A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar was dealing with a wife's plea challenging a family court order declining to grant her maintenance pendente lite but granted...