Bombay HC Dismisses IIT Bombay's Appeal Against Payment Of Gratuity To Contract Workers

On 4th October, a Single Bench of the Bombay High Court comprising of Justice Sandeep V. Marne heard a petition filed by Indian Institute of Technology, Bombay (“IIT Bombay”) challenging the order passed by Assistant Labour Commissioner (“Central”) acting as Controlling Authority under the Payment of Gratuity Act 1972, (“PG Act”), later then upheld by the Appellate Authority....

[S.419(4) BNSS] Only If Complainant Is Not 'Victim' Of Crime, Leave To Appeal Against Acquittal Is Required: Rajasthan High Court

Rajasthan High Court has clarified that in cases where the complainant is a 'victim' of crime, as defined under Section 2(y) of BNSS, s/he is not required to prefer an application before the High Court seeking leave to appeal against acquittal, as is provided under Section 419(4) of BNSS.Section 419(4), BNSS, provides that in a situation where an acquittal order is passed in a case,...

Mere Possession Of 'Proceeds Of Crime' Sufficient To Invoke PMLA, HC Cannot Restrict Its Meaning To Restrain Authorities: Madras High Court

The Madras High Court recently observed that the expression money laundering, as defined under Section 3 of the Prevention of Money Laundering Act has a wider meaning and the provisions of the Act could be invoked against a person for mere possession of proceeds of crime. The court added that since Section 3 is wider, the court could not restrict its meaning to restrain authorities...

In Absence Of An Express Agreement Waiving Applicability Of S.12(5) Of Arbitration & Conciliation Act, Arbitration Clause Becomes Otiose: Patna HC

The Patna High Court bench of Chief Justice K. Vinod Chandran has held that the arbitration clause became otiose by reason of the substitution of Section 12 of the Arbitration and Conciliation Act, 1996 by Act 3 of 2016, which made the Engineer-in-Chief or the administrative head of the Public Works Division ineligible to be appointed as an arbitrator and disentitled from appointing...

CID Itself Dependent On Govt & Other Agencies, Has Little Resources: Patna High Court While Transferring Missing Girl Probe To CBI

Taking a firm stance against the Muzaffarpur police for its failure to recover a college student who was allegedly abducted nearly two years ago, the Patna High Court has now transferred the case to the Central Bureau of Investigation (CBI).The case which was initially registered under Sections 363 (Punishment for kidnapping) and 365 (Kidnapping or abducting with intent secretly and wrongfully...

Bring West Bengal AIIMS At Par With AIIMS Delhi: Calcutta High Court Tells Centre Over Lack Of Post-Mortem Facilities

The Calcutta High Court on Tuesday commented that the All India Institute of Medical Sciences (AIIMS) in Kalyani, West Bengal, should be brought up to the standard of the AIIMS in Delhi or Rishikesh.A single bench of Justice Tirthankar Ghosh made these observations while hearing a plea wherein he had directed the post-mortem of a minor girl who was raped and murdered in Bengal's Jaynagar area,...

Central Administrative Tribunal Is A Substitute For Civil Court While Adjudicating Service Dispute: Allahabad High Court

Recently, the Allahabad High Court observed that Central Administrative Tribunals are substitutes to Civil Courts as the jurisdiction earlier vested in Civil Courts was transferred to Tribunals who have the same powers and procedures as that prescribed for the Civil Court.The bench of Justice Rajan Roy and Justice Om Prakash Shukla held,“Prior to constitution of the Central...

Test Potability, Storage And Supply Of Drinking Water To Prisoners In Central Jail Jabalpur: High Court Directs Jail Superintendent

While hearing a Public Interest Litigation (PIL) petition highlighting allegedly unsanitary drinking water conditions for inmates of Central Jail in Jabalpur, the Madhya Pradesh High Court directed the jail Superintendent to get the drinking water tested for its potability and indicate how it is stored and supplied to the inmates. Issuing notice on the PIL petition a division bench of...

12 Personnel Already Deployed With Her: High Court Refuses To Interfere With Downgrade Of Former Punjab CM Rajinder Kaur Bhattal's Security

The Punjab and Haryana High Court has upheld the Punjab Police decision to downgrade the security of former Punjab Chief Minister Rajinder Kaur Bhattal from 'Z' category to 'Y'Justice Vinod S Bhardwaj found no basis to disagree with the competent authority's conclusion regarding the security needs of Bhattal.It noted that the authority, after a thorough assessment of the perceived threats...

While Adjudicating On Challenges Against Arbitral Tribunals' Orders U/S 17 Of A&C Act, Court Not Strictly Bound By O.38 & O.39 CPC: Delhi HC

The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of the Civil Procedure Code. The court observed that interference with such orders is limited to cases where the orders...

Repudiation Of Claims Making Dispute Non-Arbitrable Is For Arbitral Tribunal To Adjudicate Upon, Not Courts At Section 11 Stage: Delhi High Court

The Delhi High Court, following the law laid down in SBI General Insurance Co Ltd v. Krish Spinning, has held that the aspects of non-arbitrability of a claim are for the arbitral tribunal to adjudicate, and courts at Section 11 stage cannot examine the same. The bench of Justice C. Hari Shankar, while hearing a petition under Section 11(6) of the A&C Act, has held that post...

Who Qualifies As 'Proper Officer' To Issue Show Cause Notices U/S 74 Of CGST Act? Jharkhand High Court Clarifies

The Jharkhand High Court has provided a significant clarification regarding who qualifies as the “proper officer” empowered to issue a show cause notice under Section 74 of the Central Goods and Services Tax (CGST) Act, 2017. The Division Bench of Justices Sujit Narayan Prasad and Arun Kumar Rai observed that “If the definition of the Poper Officer will be taken into...