Punjab & Haryana High Court Issues Contempt Notice To SDM Over Failure To Vacate Office To Provide Space For Judges To Hold Court

The Punjab & Haryana High Court has issued contempt notice to the Sub Divisional Magistrate (SDM) of Punjab's Derabassi, over failure to comply with direction to vacate his office to provide space to judges to enable them to hold court.Previously, the Court on December 20 had noted the "stark difference" of Derabassi SDM's office and Court running in the same building. The first floor...

Procedural Safeguards Mandatory For Stigmatic Termination Even In Contractual Employment: Chhattisgarh HC

Chhattisgarh High Court: A Single Judge Bench of Justice Amitendra Kishore Prasad ruled that stigmatic termination of contractual employees requires adherence to procedural safeguards and natural justice principles. The court set aside the termination order of a Gram Rojgar Sahayak, and ruled that allegations of misconduct necessitate a proper inquiry and fair hearing even...

Andhra Pradesh HC Directs Trial Court Registry Not To Stall Registration Of Plaint By Insisting On Compliance Of Objections Not Given In CPC

The Andhra Pradesh High Court has said that at the stage of registration of civil suits, the trial court registry must not insist on compliance of objections to a plaint that are not mandated under the Civil Procedure Code or the Civil Rules of Practice Justice Ravi Nath Tilhari said, “It shall ensure, not to insist compliance with such objections, which are not contemplated by the Code...

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce...

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out

The Jharkhand High Court quashed a preventive detention order issued under Jharkhand Control of Crimes Act against a man by the District Magistrate-cum-Deputy Commissioner, East Singhbhum based on certain station diary entries, while questioning the State as to what prevented it to first lodge an FIR. The court pointed out that Station Diary Entries or Sanhas cannot be a ground for keeping...

Once Selection Process Culminates Into Document Verification, It Shouldn't Be Cancelled Citing Technical Infirmity: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court has held that once any selection process for a job post is culminated into the process of document verification after selection of candidates, it should not be cancelled citing technical infirmities in the original advertisement.Justice Subodh Abhyankar observed, “…the Government vacancies are already hard to come by, and even if they...

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code (IPC). The court held that cognizance for the offence under Section 188 IPC cannot be taken on the basis of a police report and must adhere strictly to the requirements of Section 195(1)(a) of the Code of Criminal...

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Justice Subhash Chand observed, “The deceased was a Professor in Baldeo Sahu Degree College, Lohardaga, and was Head of Department of Philosophy. He was getting the salary along with...

Madras High Court Annual Digest 2024: Part II [Citation 251 to 492]

Citations: 2024 LiveLaw (Mad) 251 to 2024 LiveLaw (Mad) 492 REPORTS Employee Cannot Be Penalised For Appointing Authority's Failure To Follow Communal Rotation Guidelines: Madras High Court Case Title: R Sasikumar v The State of Tamil Nadu Citation: 2024 LiveLaw (Mad) 251 The Madras High Court recently set aside the order cancelling the appointment of a Jeep Driver who...

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC

In relation to commercial disputes, the Delhi High Court has observed that the Commercial Courts Act, 2015 does not prevent the application of Order 8 Rule 9 CPC for filing additional written statement after the expiry of 120 days for filing the written statements. Justice Mini Pushkarna said, “There is nothing in the Commercial Courts Act, 2015 to suggest that the provisions of Rule 9 of...

'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

The Calcutta High Court on Friday set aside an order for payment of interim maintenance amounting to Rs 80,000 per month, granted by the trial court in favour of a wife. Justice Suvra Ghosh noted the wife had already been paid Rs 32 lakhs by the husband, earlier, under a memorandum of understanding and that she was also employed herself.Thus, in setting aside the order for interim maintenance...

Gujarat High Court Continues Temporary Restoration Of Senior Advocate Designation Of Yatin Oza For Six More Months Effective January 1

The Gujarat High Court, in a notification earlier this month, has resolved to extend the temporary restoration of Yatin Narendrabhai Oza's designation as Senior Advocate for an additional six months, effective from January 1, 2025. This decision follows the judgment of the Supreme Court in Writ Petition (Civil) No. 734/2020, delivered on October 28, 2021, in the case of Yatin Narendra Oza...