In Revision Jurisdiction While Considering Discharge Plea Court Has To Only See If IO Collected Sufficient Material Or Not: Karnataka HC

The Karnataka High Court has said that scope of revision is very limited against the discharge application and the Court has to consider only the material on record collected by the Investigating Officer whether sufficient or not.Justice H P Sandesh held thus while dismissing the petition filed by Dr Mohankumar M. Referring to judgments of the Supreme Court It said, “The Court cannot conduct...

Karnataka High Court Weekly Digest: December 23 - December 29, 2024

Citation 2024 LiveLaw (Kar) 526 to 2024 LiveLaw (Kar) 531Nominal Index:M Manjula & Others AND Deputy Commissioner & Others. 2024 LiveLaw (Kar) 526Union Bank of India & ANR AND V Harsih D Kamath & ANR. 2024 LiveLaw (Kar) 527G Swamy AND B Devendrappa. 2024 LiveLaw (Kar) 528Ms X AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 529Chandra @Chandrashekhara Bhat AND State...

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. 9 lacs would not be just and fair. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in excess of five...

Phrase "Where It Is Possible To Do" U/S 73(4B) Of Finance Act Doesn't Make Timeline To Determine Service Tax Dues 'Suggestive': Delhi HC

The Delhi High Court has held that the usage of expression "where it is possible to do so" doesn't make the timeline stipulated under Section 73(4B) of the Finance Act, 1994 to determine service tax dues 'suggestive' in nature. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma observed, “...Section 73(4B) was framed and introduced in...

Public Spirited Person Undergoing Sterilisation Can't Be Deprived Of Advance Increments Under Scheme For Family Planning: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court held that if a public spirited person (whether he is a government servant or not) unselfishly gets himself/herself sterilised for family planning, such person cannot be later deprived of any benefit under a government scheme for advance increments to government servants opting for family planning.In doing so, the court clarified that such person...

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35(2)(a), an award can be set aside only if the petitioner establishes that the parties were under some incapacity or...

Family Pension Denied Due To Non-Provincialisation Of Service Before Death; Gauhati HC Suggests To make Fresh Plea To Governor

Gauhati High Court: A Single Judge Bench of Justice Robin Phukan disposed of a writ petition filed by a widow seeking family pension under the Assam Services (Pension) Rules, 1969. The court held that family pension could not be granted since the petitioner's husband's service was not provincialised before his death. However, it directed the widow to file an application before the...

APSRTC Conductor's Termination Upheld; Leniency Towards Misappropriation Contrary To Public Interest: AP HC

Andhra Pradesh High Court: A single judge bench of Justice Maheswara Rao Kuncheam upheld the dismissal of an APSRTC conductor. He was terminated for collecting fares from passengers without issuing tickets. The court stressed on the importance of maintaining public trust in disciplinary actions. It ruled that leniency in cases of misappropriation, even involving small amounts, is contrary...

Delivery Boy To Civil Judge – A Story That Inspires

The life trail of Advocate Yaseen Shan Muhammed who came second in the Kerala Judicial Services Examinations 2024 and qualified to be a Civil Judge is truly inspirational. The key to his success, according to Yaseen, is sheer determination and hard work. Turning the pages of Yaseen's book of life would give hope to many who feel that their future is bleak, dumped and depressed. LiveLaw interacted with Yaseen and we are proud to share his story for our readers. Yaseen hails from Palakkad...

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. It held that multiple claim petitions for the same accident are not maintainable. The court ruled that when the widow and daughter of the deceased employee had already settled their claim in 2015, a subsequent petition by the...

Appointment Didn't Comply With Drivers Service Rules, Allahabad HC Denies Government Servant Status To Special Sugar Fund Employee

A division bench of the Allahabad High Court comprising of Chief Justice Arun Bhansali & Justice Jaspreet Singh held that an employee appointed under the Special Sugar Fund cannot be regarded as a government servant, as the appointment was not made in accordance with the Uttar Pradesh Sugar Department Drivers Service Rules, 1984. Background Facts The Special Sugar...

MOIL Ltd.'s Pension Scheme Struck Down By Bombay HC As Discriminatory; Distinction Between Resignation And Superannuation Declared Arbitrary

Bombay High Court: A Division Bench of Justices Avinash G. Gharote and Abhay J. Mantri held that Clause 7(b) of the MOIL Group Superannuation Cash Accumulation Scheme is discriminatory and violative of Article 14. This clause restricted employees who resigned from receiving their pension. The court ruled that resignation alone cannot bar pensionary benefits when all other...