Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC

Bombay High Court: A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over...

Resumption Proceedings Cannot Be Invoked Over Sold Property, Would Violate Article 300A: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a property which is sold by a registered sale deed cannot be taken back by invocation of resumption proceeding, observing that the same will amount to violation of right to property under Article 300-A.Justice Sureshwar Thakur and Justice Vikas Suri said, "the instant invocation of the power of assumption, thus on any purported breach of...

Father Allegedly Detained Child Violating Canadian Court's Order: P&H HC Directs Child's Return To Mother, Says Indian Court Cant Be Misused By Foreigner

The Punjab & Haryana High Court has allowed habeas corpus plea filed by a Canadian woman seeking custody of her child from father who allegedly detained him violating Canadian Court order.Justice Manjari Nehru Kaul remarked, "Indian Courts cannot be reduced to instruments of convenience for litigating foreign nationals seeking to sidestep judicial proceedings in their own jurisdictions....

S.379 BNSS | Court Must Apply Judicial Mind & Give Reasons Before Initiating Complaint For False Evidence, Forged Documents: Karnataka HC

The Karnataka High Court has said that before initiating a complaint under Section 379 BNSS for offences affecting administration of justice–like giving false evidence or fabricating documents–a court must apply its judicial mind and come to a conclusion with reasons that it is necessary to hold a preliminary inquiry or initiate a complaint.The petitioner had approached the high...

Can't Issue Guidelines In Absence Of Statutory Backing: Bombay HC Remarks In Plea Seeking To Create A Fund For Wrongly Incarcerated People

While permitting withdrawal of a PIL seeking funds to compensate wrongly incarcerated persons, the Bombay High Court on Wednesday (April 23) orally remarked that in the absence of statutory backing, it cannot issue guidelines to the union or state government under Article 226 of the Constitution.The PIL filed by a 90-year-old man sought directions to create a fund for compensating undertrials...

MP High Court Upholds Order Confirming 6-Month Detention For 21 Yr Old Accused Of Repeated Drug Trafficking Despite Bail

The Madhya Pradesh High Court has upheld an order detaining a 21-year-old man for six months who was allegedly involved in continuous illicit trafficking of narcotic drugs even after being released on bail.The court opined that the order was desirable and in the interest of the society.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “The petitioner, who is...

Will Register FIRs Against Those Unauthorisedly Sub-Letting Property: DGP Informs Madras High Court

The Director General of Police has informed the Madras High Court that FIRs will be registered against persons who fraudulently sublet property without the authorisation or consent of the house owner and thus cheat the house owner and third parties. The submission was made before Justice AD Jagadish Chandira, who had asked the police authorities to bring in awareness about the issue....

[S. 498a IPC] Cruelty Not Dependent On Suicide Or Self-Harm, Causing Grave Mental Or Physical Injury Sufficient To Attract Offence: J&K High Court

Reinforcing the protective scope of Section 498A IPC, the High Court of Jammu & Kashmir and Ladakh, while rejecting two petitions seeking quashing of an FIR lodged under sections 498A and 109 IPC, held that “if the conduct of husband or his relatives is accompanied with an intention to cause grave injury to a woman, whether or not she was driven to commit suicide or inflict grave...

'Approach Grievance Cell Under IT Rules 2021': Patna HC Dismisses Actress Nitu Chandra's Plea Against Honey Singh's Song

Patna HC Directs

26 Yrs On, Punjab & Haryana High Court Acquits Murder Accused; Doubts Police Constable's Testimony

The Punjab and Haryana High Court has acquitted a man 26 years after he was accused of murdering the husband of a woman he was in relationship with, by assaulting and throwing the husband on a live railway track.While doing so, a division bench of Justices Gurvinder Singh Gill and Jasjit Singh Bedi also expressed doubt as to the veracity of a Police constable's testimony who claimed that...

Service Of Notices & Orders Through Common Portal Is A Valid Mode Of Service U/S 169 Of GST Act: Madras High Court

In a recent ruling, the Madras High Court held that service of notices and orders through Common portal is a valid mode of service in terms of Section 149 of the GST Act. The bench rejected the argument that the GST portal is not a “designated computer resource of the assessee” and hence as per Sec. 13 (2) (a) (ii) of the Information Technology Act, receipt occurs only when...

Increase Of Working Hours Without Compensation In Government Mints, Calcutta High Court Finds Tribunal Award Reasonable

Calcutta High Court: A single judge bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Industrial Tribunal's award that denied compensation to mint workers for increased working hours. The court found that extending working hours from 37½ to 44 hours per week as recommended by the 5th Pay Commission was reasonable, as it was accompanied by enhanced pay...