Illegal Termination, Daily Wage Workers Entitled To Reinstatement With 50% Back Wages : MP HC

Madhya Pradesh High Court: A single judge bench of Justice Vishal Mishra upheld a Labour Court's award that reinstated a daily wage worker with 50% back wages, after finding his termination violated the Industrial Disputes Act (ID Act). The court rejected the State's contention that reinstatement should not be granted as a routine remedy. It affirmed that when services are...

Madras High Court Rejects NTK Chief Seeman's Plea To Club All FIRs Over His Alleged Comments On Periyar, Says Plea Seeks Omnibus Relief

The Madras High Court has dismissed a plea seeking to club all FIRs registered against Naam Tamilar Katchi party chief Seeman for his alleged comments against Periyar. Justice GK Ilanthiraiyan dismissed the plea after observing that the plea sought an omnibus relief without mentioning the details of the FIRs registered against Seeman, without impleading the police stations where the...

Tendering Authority Is Best Judge To Decide T&C Of Tender, Judicial Interference Permissible Only When Terms Are Arbitrary: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that tender issuing authority is the best judge to decide terms and conditions of a tender. Such terms and conditions cannot be tinkered with by the Judicial Authority unless they are found to be arbitrary or whimsical. Brief Facts: A writ petition was filed by...

Rajasthan HC Suggests Constitution Of Expert Panel To Examine Retired Govt Employees Grievance On Restoration Of Full Pension Under Rules

The Rajasthan High Court has suggested to the State to set up an expert committee to examine grievances raised by retired government employees claiming that the 14-year period after which full pension is to be restored under the Rajasthan Civil Services (Commutation of Pension) Rules was leading to financial loss and needs reworking.The petitioners claimed that full pension is restored after...

Karnataka HC Reprieve To Teacher Booked For Beating 6th Grader With Stick, Says No Proof Punishment Exceeded Child's Capacity To Endure

The Karnataka High Court has quashed the criminal proceedings launched against a Physical Education teacher accused of beating a 6th grade school student with a stick, over alleged disobedience.While doing so Justice Hemant Chandangoudar cited Kerala High Court's decision in Rajan @ Raju v. Sub-Inspector of Police (Crl. MC. No. 237/2018), where it was held that parents are presumed to have...

Delhi High Court Refuses To Stay Trial Of BJP Leader Kapil Mishra In 2020 FIR For Alleged Communal Tweets

The Delhi High Court on Tuesday refused to stay trial court proceedings against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder Dudeja refused to stay trial...

Kasargod Teen's Death: Kerala HC Asks If Murder Angle Was Probed, Proposes To Issue Guidelines For Investigating Missing Minor Girls Cases

The Kerala High Court on Tuesday (March 18) orally enquired whether the possibility of murder has been considered in the disappearance and death of the 15-year old girl child from Kasargod.While dealing with the mother's habeas corpus plea alleging police inaction in the matter, a Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha orally observed: “This is not a...

Violence In Visual Media May Have Undesirable Effect On People But Has To Be Tested On Touchstone Of Free Speech: Kerala High Court Remarks

The Kerala High Court on Tuesday (March 18) orally observed that depiction of violence in visual media can have an undesirable effect on people however, to what extent it can be shown has to be ascertained keeping in mind the right to freedom of speech and expression. A division bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha said,“Violence in visual media can have...

Defendant Cannot Rely On Vague Statements While Pursuing Leave To Defend In Summary Suit: J&K High Court

The Jammu and Kashmir High Court has held that a defendant cannot rely on unsubstantiated and vague statements while offering his leave to defend in a summary suit procedure.Justice Sanjay Dhar while dealing with a cheque bounce case noted that the appellant had admitted signing the cheque but failed to provide any substantial evidence proving that the cheque was not meant for the respondent....

MP Has No Vested Right To Participate In Parliament, Engineer Rashid Can't Use His Position As Tool To Seek Bail: NIA To Delhi High Court

The National Investigation Agency (NIA) has opposed a plea filed by Jammu and Kashmir MP Engineer Rashid seeking interim bail or custody parole to attend the second part of the parliamentary session which will end on April 04. In its response, NIA has said: “...as the detention in the present case is valid, merely because someone i.e., a Member of Parliament has not been allowed to...

S.450 BNSS | Court Of Chief Judicial Magistrate Can't Transfer A Case Either Suo Moto Or On Any Application: Delhi High Court

The Delhi High Court has ruled that the Court of the Chief Judicial Magistrate cannot transfer a case from one Court or another either suo moto or upon an application being moved to that effect.“…under Section 410 Cr.PC. and Section 450 BNSS the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot “transfer”...

Original Printout From Breathalyzer Machine Mandatory, Type Written Report Not Admissible In Evidence To Prove Drunken Driving: Kerala HC

The Kerala High Court recently ruled that original printout obtained from the equipment after a breathalyzer test under Section 203 of the Motor Vehicles Act is admissible as evidence to establish drunken driving under Section 185 of the Act.It is to be noted that breathalyzer test is used to measure breath alcohol content. Justice V.G. Arun stated that typewritten copy prepared by the...