Violent Strike Justifies Immediate Termination Without Enquiry: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Court ruled that where employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can...

Court Not An Expert In History Of Origin Of Race: Madras High Court Asks State To Review Aryan-Dravidian Theory Taught In Schools

The Madras High Court recently refrained from passing any orders on a plea questioning the Aryan-Dravidian race theory taught in educational institutions. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy remarked that the court was not an expert in the history of origin of race and thus could not grant the relief as requested for. The court thus observed that...

Plea In Kerala High Court Seeks To Prevent 'Fake Doctors' By Establishing Centralized Portal For Verification, Conducting Inspections

A plea has been moved before the Kerala High Court urging the implementation of necessary measures to curb the increasing number of fake doctors practising in the state.Justice V G Arun has posted the matter to November 25 for instructions. The Petitioner, General Practitioners Association is a society registered under the Travancore Cochin Literary Scientific and Charitable...

Karnataka High Court Orders Release Of Union Minister Prahlad Joshi's Brother, Nephew Arrested In Cheating Case

The Karnataka High Court has directed the release of Union Minister Prahlad Joshi's brother and nephew, who were arrested in a cheating case for allegedly promising an election ticket to certain persons in exchange for Rs 2.5 crores.A single judge bench of Justice M Nagaprasanna stayed all further proceedings initiated against them. Since the petitioners were in police custody till tomorrow,...

“Deadwood Need To Be Removed To Maintain Efficiency In Service”: Allahabad HC Upholds Compulsory Retirement Of Additional District Judge

The Allahabad High Court has recently upheld the compulsory retirement of an Additional District Judge who after the approval of the State Government on compulsory retirement was exonerated by the Inquiry Officer. It was held that after the order of the State Government compulsorily retiring the petitioner, the inquiry officer had no jurisdiction to continue the proceedings.Holding that...

ED Misused Its Powers To Arrest, Acted As Per Its Whims & Fancies: Bombay High Court Grants Bail To Accused In PMLA Case

The Bombay High Court last week while granting bail to a man arrested by the Enforcement Directorate (ED) observed that the anti-money laundering agency "misused" its powers of arrest and acted as per this own "whims and fancies."A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan slammed the ED for arresting the petitioner Deepak Deshmukh in a predicate offence lodged way...

BJP MLAs Move Delhi High Court For Tabling Of 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly, Plea Listed On Tuesday

The Delhi High Court on Monday (October 28) permitted the listing of a plea on Tuesday moved by various BJP leaders seeking a direction to the Delhi government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.The petition was mentioned for listing by senior advocate...

Every Nude Painting Or Depiction Of Sexual Intercourse Poses Is Not Obscenity: Bombay High Court Slams Customs For Confiscating Paintings

The Bombay High Court recently while ordering the release of the paintings of renowned artists Francis Newton Souza and Akbar Padamsee, held that every nude painting or painting depicting some sexual intercourses poses cannot be styled as obscene.A division bench of Justices Mahesh Sonak and Jitendra Jain noted that the decision of the Assistant Customs Commissioner (ACC) in Mumbai, was...

Allahabad HC Orders Potency Test Of Accused Who Claimed That 'Depressed' Wife Died By Suicide As She Was Unable To Conceive

Observing that a woman should not always be blamed for being unable to conceive as sometimes, the issue may lie with the man, the Allahabad High Court recently directed a man, booked for the dowry death of his wife, to undergo a potency test. A bench of Justice Shekhar Yadav directed the Additional Government Counsel to conduct a potency test (पौरूष परीक्षण) of...

When Muslim Wife Disputes Issuance Of Talaq, It Is Upon Husband To Obtain Judicial Declaration For Dissolution Of Marriage: Madras High Court

The Madras High Court recently held that when a wife disputes the issuance of talaq by the Muslim husband, it is upon the husband to obtain a judicial declaration that marriage was validly dissolved. Justice GR Swaminathan noted that Talaq under Muslim personal laws involved a certain procedure which had to be strictly complied. The court thus observed that if the husband claimed to...

Karnataka HC Directs MHA To Fix Time Frame To Be Followed By Authorities For Serving Notice On Foreigners/Indian Nationals Staying Abroad

The Karnataka High Court has directed the Union Ministry of Home Affairs to fix a time frame for authorities like the Under Secretary (Legal), Internal Security-II Division, and the concerned embassy of the Republic of India in a foreign country to respond when a request is made for service of notice issued by a court or competent authority on a person residing abroad, whether a foreign...

Arbitration Act | New Evidence Cannot Be Adduced At S.37 Stage, Bar Of Limitation U/S 34(3) Is Attracted: Allahabad HC

The Allahabad High Court Bench of Justices Mahesh Chandra Tripathi and Prashant Kumar, held that the amendment obtained or raising fresh grounds virtually amounts to file a fresh appeal and would be barred by limitation as laid down under Section 34(3) of the Arbitration Act. Hence, it is not open for the appellant to raise any new ground or adduce any fresh evidence in an appeal under Section...