All High Courts
Gujarat High Court Quashes Overtime Wage Award To Surat Fire Brigade Employees; Evidence Found Insufficient
A Division Bench of Gujarat High Court comprising Justice A.S. Supehia and Justice Gita Gopi overturned the Industrial Tribunal's award that directed the Surat Municipal Corporation to pay overtime wages to fire department employees. The court held that there was no sufficient evidence to prove that the employees had worked overtime beyond their 12-hour shifts between 2001 and 2017. It...
Long-Standing Consensual Adulterous Physical Relationship Doesn't Amount To Rape: Allahabad High Court
The Allahabad High Court recently observed that a long-standing consensual adulterous physical relationship wouldn't amount to rape within the meaning of Section 375 IPC. A bench of Justice Anish Kumar Gupta observed this while quashing entire criminal proceedings against a man who had been accused of raping a woman on the pretext of a promise to marry her. The Court noted that...
Section 74 Of CGST Act Can Be Invoked If Assessee Fails To Report Actual Sales To Evade Tax: Kerala High Court
The Kerala High Court stated that provisions of section 74 of CGST Act can be invoked if assessee fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under the CGST / SGST Acts. The procedure under Article 226 of the Constitution of India cannot be invoked...
Bombay High Court Upholds MSRTC's Right To Dismiss Conductor For Repeated Misconduct; Domestic Inquiries Do Not Require The Same Standard Of Proof As Judicial Proceedings
A Single Bench of Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Road Transport Corporation (MSRTC). It set aside the Industrial Court's order and reinstated MSRTC's right to dismiss a conductor, Raghu Deu Mongal, for serious misconduct. The court held that the domestic inquiry was fairly conducted and the punishment...
Bombay High Court Reaffirms Binding Nature Of Emergency Arbitrator's Decision, Grants Interim Relief U/S 9 Of Arbitration Act
The Bombay High Court bench of Justice Arif S. Doctor has observed that the object and intent of section 9 of the Arbitration Act is to support Arbitration and not defeat and/or permit parties to detract from the very process of arbitration. Therefore, party autonomy being the bedrock of arbitration, this would necessarily apply from the agreement to the rendering of the final arbitral...
Bombay High Court Overturns Labour Court's Reinstatement Of Typist; Clarifies Regularization Criteria To Contractual Workers In State Instrumentalities
A Single Bench of the Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Electricity Board (MSEB) and overturned a Labour Court award that had directed the MSEB to reinstate Suchita Vijay Surve as a permanent employee with 50% back wages. Surve had worked as a typist on a contractual basis for the Board and had sought permanency after six...
Bombay High Court Cites Procedural Flaws In MNLU Student's Expulsion For Sexual Misconduct, Urges Reformative Approach
A Division Bench of Bombay High Court comprising Justice A.S. Chandurkar and Justice Rajesh S. Patil set aside the expulsion of a law student from Maharashtra National Law University (MNLU) for sexual misconduct, citing serious procedural violations and recommending a reconsideration of the penalty. The court held that while the student's misconduct was significant, MNLU failed to comply...
Rajasthan High Court Quarterly Digest: July - September, 2024
Citations: 2024 LiveLaw (Raj) 137 To 2024 LiveLaw (Raj) 282Orders/JudgmentsS.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint PetitionTitle: Mahaveer Prasad Suman v Lalit Mohan SharmaCitation: 2024 LiveLaw (Raj) 137Rajasthan High Court allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and...
Rats In Malkhana Damage Viscera Samples: Madhya Pradesh HC Laments "Pathetic Condition" Of Articles Kept In State's Police Stations
While hearing a bail plea, the Indore bench of the Madhya Pradesh High Court expressed its concern over the "pathetic condition" in which articles collected during investigation are kept in police stations in the State. The observation came after the court was informed that destruction of forensic samples had occurred as rats had damaged the plastic containers (containing the samples) which...
Karnataka HC Grants Relief To Court Officer, Directs Authority To Consider His Claim For Reimbursing Emergency Medical Expenses
The Karnataka High Court has reiterated that government servants are entitled to reimbursement of medical expenses incurred at non-empanelled private hospitals provided they were referred there by a recognized government hospital.A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Nagabhushana B, an Assistant Court officer, who had questioned the order rejecting...
'Vice Of Delays & Latches': Punjab & Haryana High Court Dismisses Plea Of Army Officer's Widow Seeking 'Liberalized Family Pension' Beyond 3 Yrs
The Punjab & Haryana High Court has dismissed the plea of an army officer's widow seeking a liberalized family pension since it was restricted to three years prior to the date of filing of the application but the same was filed after a lapse of more than 10 years after the death of the officer.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There being an evident abysmal...
Kerala High Court Allows Travancore Devaswom Board To Continue Selection Process Of Melsanthies Of Sabarimala, Malikappuram Temples
The Kerala High Court on Friday granted permission to the Travancore Devaswom Commissioner to publish the select lists of candidates for drawing the lots on October 17 for selection of Melsanthies (Head Priests) for Sabarimala and Malikappuram Devaswoms for the year 2024-25.The Sabarimala and Malikappuram Temple come under the Travancore Devaswom Board, and traditionally Melsanthies of...