Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC

The Karnataka High Court has held that in case no proceedings have been initiated against a delinquent employee for recovery of the alleged losses caused to the public institution due to their misappropriation, the question of the employer retaining the gratuity amount of the dismissed employee and forfeiting the same, would not arise.Justice Suraj Govindaraj held thus while dismissing...

Delhi High Court Dismisses Plea Seeking ECI To Specify Special Circumstances For Using EVMs In Each Constituency

The Delhi High Court has dismissed an appeal seeking directions to the Election Commission of India (ECI) to comply with Section 61A of the Representation of the People Act, 1951 (RPA) before proceeding with any elections through EVMs. Section 61A RPA states that "Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines...

Award Passed After Inordinate And Unexplained Delay Can Be Set Aside U/S 34 Of Arbitration Act: Madras High Court

The Madras High Court bench of Justice P.B. Balaji has held that inordinate and unexplained delay in passing the arbitral award can be a ground to set it aside under section 34 of the Arbitration Act. Brief Facts The present petition has been filed under section 34 of the Arbitration Act against an award passed by the Arbitrator on September 30, 2019. The petitioner submitted...

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner.Justice Anoop Kumar Dhand relied upon the...

'Disputed Question Of Fact': Orissa HC Denies Plea By NEET-UG Candidate Who Missed Govt College Seat Due To 'Technical Glitch'

The Orissa High Court has recently denied relief to a National Eligibility-cum-Entrance Test (NEET) under-graduate program 2022 candidate who lost chance to get admission into a government medical college due to a 'technical glitch' allegedly on the part of the Medical Counselling Committee.A Division Bench of Chief Justice Chakradhari Sharan Singh–who demitted office last week–and...

Gujarat High Court Judge Recuses From Hearing Journalist Mahesh Langa's Plea For Quashing FIR Alleging Theft Of 'Confidential Documents'

Justice Sandeep N Bhatt of the Gujarat High Court on Tuesday (January 21) recused from hearing a plea by journalist Mahesh Langa seeking quashing of an FIR registered against him for alleged corruption, criminal conspiracy and theft where he is accused of obtaining "highly confidential government documents". When the matter was taken up for the hearing, Justice Bhatt orally said, “Not...

Cloud Particle Scam: Punjab & Haryana HC Refuses To De-Freeze Accused Company's Accounts, Rejects Claims Against ED Search & Seizure

The Punjab and Haryana High Court has refused to de-freeze bank account of Vuenow Infotech Pvt. Ltd, a company allegedly involved in the "Cloud Particle Scam". Vuenow Infotech is accused of dishonestly inducing large number of investors to invest in cloud particles or data center assets by selling them non- existent and insubstantial particles and have, therefore, cheated and breached the...

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.While setting aside a trial Court order disallowing application of the appellants seeking dispensation of...

Man Booked For VISA Fraud Accuses Police Officials Of 'Differential Treatment': Gujarat High Court Seeks Deputy Commissioner's Intervention

The Gujarat High Court has recently directed the Deputy Commissioner of Police (DCP) to look into the allegations raised by a man–booked in a case alleging VISA fraud and cheating, who had claimed differential treatment by the Police Officials with respect to him and special treatment to the co-accused in the matter. The petition sought for a direction to Police Commissioner, Ahmedabad...

Kerala High Court Stays Night Autopsy At Government Medical College Hospital Manjeri Over Infrastructure Concerns

The Kerala High Court has passed an interim order halting the conduct of night autopsies at the Government Medical College Hospital at Manjeri in Malappuram district in a writ petition filed by doctors who raised concerns about insufficient staff and inadequate infrastructure.Justice C S Dias ordered thus, “the learned government pleader seeks further time to get instructions ...direct ..not...

Constitutionality Of Anti-Begging Laws In Punjab & Haryana Challenged, High Court Seeks Response From States

The Punjab and Haryana High Court has sought response from Governments of Punjab and Haryana on plea a challenging the constitutionality of Haryana Prevention of Beggary Act and the Punjab Prevention of Beggary Act.Chief Justice Sheel Nagu and Justice Sudhir Singh was hearing the PIL filed by Kush Karla, who stated that as per the definition of begging in the Act "begging, vocations...

Karnataka HC Rejects PIL Claiming NoBroker Technologies Forces Employees To Surrender Their Digital Privacy, Snoops Their Personal Browsing

The Karnataka High Court has dismissed a public interest litigation filed claiming that NoBroker Technologies Solutions Pvt. Ltd forces its employees to surrender their digital privacy under the threat of losing access to work tools.A division bench of Chief Justice N V Anjaria and Justice M I Arun dismissed the petition filed by one MD Imran Reza stating, “This Court is not inclined...