All High Courts
Can't Enforce Recovery Claim In Bail Pleas: P&H HC Declines To Cancel Pre-Arrest Bail For Alleged Failure Of Accused To Deposit Settlement Amount
The Punjab & Haryana High Court refused to cancel pre-arrest bail of an accused booked in fraud case for allegedly failing to deposit the settlement amount, observing that courts cannot enforce recovery claims in bail plea.Justice Manjari Nehru Kaul said, "The mere argument that recovery of the defrauded amount has not been made is insufficient, particularly when the trial Court vide...
Provisions Of Maternity Benefits Act Prevail Over Contractual Conditions, Would Apply To Contractual Employees: Madras High Court
The Madras High Court recently reiterated that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy observed that the benefits of the Maternity Benefits Act would be applicable to contractual employees and...
Order Granting Leave Under Section 92 CPC Is Judicial Order And Amenable To Revisional Jurisdiction: Madras High Court
The Madras High Court has recently observed that an order granting leave under Section 92 of the Civil Procedure Code is a judicial order and not an administrative order. The court added that being a judicial order, it was also amenable to revisional jurisdiction of courts. The court thus took a different stand than what had been previously taken by the Madras High Court. “I...
Madhya Pradesh High Court Reinstates Contractual Govt Employee Fired Due To Registration Of Criminal Case For 'Taking Bribes'
The Jabalpur bench of the Madhya Pradesh High Court in a case overturned the termination of a Junior Assistant employed on a contractual basis with the Madhya Pradesh Road Development Corporation. In doing so the court said that the authority had taken a drastic step in terminating the petitioner's services just because a criminal case had been registered against him for allegedly accepting...
Valmiki Corporation Case: Karnataka High Court Issues Notice To Congress' B Nagendra On ED's Plea To Cancel Bail
The Karnataka High Court on Thursday issued notice to Congress leader B Nagendra on a petition filed by Enforcement Directorate (ED) seeking to cancel the bail granted to him by the special court in a case of money laundering case in connection with the alleged "scam" relating to Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd.A single judge bench of Justice M...
Delhi High Court Issues Notice On PIL Seeking Regulation Enabling Reselling Of Concert Tickets Through 'Authorised Platforms'
The Delhi High Court on Thursday issued notice on a public interest litigation (PIL) seeking formulation and implementation of a regulatory framework regarding the reselling of tickets for concerts through authorized ticketing platform.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela also sought response of the Union Government and other authorities...
Centre Notifies Appointment Of 3 Advocates As Addl Judges Of Andhra Pradesh High Court
The Central Government has notified the appointment of three advocates as the Additional Judges of the Andhra Pradesh High Court.They are :(i) Shri Maheswara Rao Kuncheam @ Kuncham,(ii) Shri Thoota Chandra Dhana Sekar @ T C D Sekhar, and(iii) Shri Challa Gunaranjan.The Supreme Court collegium had recommended their elevation on October...
Limitation Is Mixed Question Of Fact And Law Required To Be Adjudicated U/S 16 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Justice Sanjeev Narula held that the issue of limitation, raised as a jurisdictional challenge under Section 16 of Arbitration Act, is rarely a pure question of law. More often, it is a mixed question of law and fact. Whether a claim is barred by the law of limitation depends upon the facts that determine the cause of action and the point from which...
Scope Of Review U/S 37(2)(b) Of Arbitration Act Is Very Limited, Courts Cannot Change Tribunal's Conclusion Based On Detailed Inquiry: Delhi HC
The High Court of Delhi of Justice Sachin Datta has held that the scope of review of an interlocutory order is very narrow when the tribunal examines the factual scenario in detail before formulating an opinion in Section 17. The court cannot change the conclusion reached by the tribunal when the same is based on an intricate factual examination of the matter.Facts:The ongoing...
Depression Not 'Legal Insanity' U/S 84 IPC If Ability To Distinguish Right From Wrong Not Impaired: Kerala HC Upholds Murder Conviction
The Kerala High Court recently denied the plea of 'legal insanity' raised by a woman sentenced to life for murdering her twelve-year-old nephew, holding that depression would not come under purview of Section 84 IPC unless there is material to show that it significantly impaired the ability to distinguish right from wrong.The Division Bench of Justice Raja Vijayaraghavan V and Justice...
Withholding Retiral Benefits Due To Pending Criminal Case Unrelated To Employee's Official Duties Violates Right To Life: Rajasthan HC
Rajasthan High Court ruled that withholding retirement benefits of an employee only on the ground of pendency of criminal proceedings which had nothing to do with the official duties was unjustified and violative of right to life because these were the sources by which the employee arrange for their necessities post retirement.“The pension, gratuity and other retiral benefits are the...
DVAT Act | Assessee 'Automatically' Becomes Entitled To Interest U/S 42 On State's Failure To Adhere To Mandatory Timelines For Refund: Delhi HC
The Delhi High Court has made it clear that when a refund of tax or penalty paid in excess under the Delhi Value Added Tax Act, 2004 is delayed by the authorities, the assessee “automatically” becomes entitled to interest on such refund.Section 38(1) “obligates” the Commissioner to refund the amount of tax, penalty or interest, if paid by a person in excess of the amount due...