If Registered Persons In Headload Workers Scheme Applicable Area Have Desired Skills, Only They Can Load/Unload Delicate Articles: Kerala HC

The Kerala High Court has recently held that if registered head load workers working in an area covered by the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, have the required skills and experience in handling delicate/sophisticated articles, then they are to be engaged for loading and unloading work. A single judge bench of Justice V. G. Arun came to this conclusion...

Bombay High Court Slaps Rs 1 Lakh Cost On Husband Who Opposed Wife's Plea To Transfer Divorce Proceedings Despite Her Hardships

The Bombay High Court recently came to the aide of a woman, who was being 'compelled' by her estranged husband to travel at least 8 hours along with her pre-term born now 15-months old son, to attend divorce proceedings and also slapped a fine of Rs 1 lakh on the husband in order to ameliorate her hardships.Single-judge Justice Milind Jadhav noting the 'hardships' of the woman, transferred...

Gujarat HC Rejects PIL To Hold Bypolls For Vacant Visavadar Constituency Seat After MLA Bhupendrabhai Bhayani's Resignation

The Gujarat High Court last week dismissed a public interest litigation plea seeking a direction to the Election Commission of India (ECI) to notify bye-election for the Visavadar Legislative Assembly Constituency, on the ground that a vacancy had arisen after the resignation of the elected candidate Bhupendrabhai Bhayani in December 2023.A division bench of Chief Justice Sunita Agarwal...

S.129(3) CGST Act- 7 Days Limitation Period For Passing Penalty Order After Notice To Goods Owner/ Transporter Mandatory: Patna HC

The Patna High Court has made it clear that the seven days limitation period prescribed under Section 129(3) of the Central Goods and Services Tax Act for passing an order of penalty, after notice has been issued to the goods owner/ transporter for violation of the CGST Act- is mandatory in nature. Stipulation in Section 129(3) CGST Act is that the proper officer detaining or...

Kerala HC Declines To Quash Case Against Priest Who Allegedly Engaged In Sexual Intercourse On Pretext Of Marriage By Offering To Leave Priesthood

The Kerala High Court had declined to quash proceedings against a priest who allegedly committed sexual intercourse with a lady by giving her promise to marriage, by making her believe that he would give up his priesthood.The crime was registered against the Priest by the complainant for offences punishable under Sections Section 376, 376(2)(n) and 342 of the IPC. Justice A. Badharudeen held...

State Authorities Can't Act As 'Goons' By Dispossessing A Person From Their Property And Then Not Pay Any Compensation: Madhya Pradesh HC

While hearing a matter concerning possession of a land, the Madhya Pradesh High Court said that the State authorities cannot act as goons and dispossess any person from their property and then claim that they will not pay any compensation/rent/mesne profit to the "illegally dispossessed". In observing so, the court reaffirmed that no one can be deprived of their right to property which is...

Litigants Must First Approach Administrative Tribunal In Matters Even Regarding Irregularities Concerning Recruitment To Posts Under Union And Not High Court Directly: Delhi High Court

A Division Bench of the Delhi High Court comprising of Justices C. Hari Shankar and Sudhir Kumar Jain held that the Administrative Tribunal has the jurisdiction, powers and authority exercised by all the courts in relation to recruitment and matters in relation to recruitment to a civil post under section 14(1) of the Administrative Tribunals Act BACKGROUND The National Testing...

Material Not Sufficient To Prove That Activities Harm 'Public Order': Gujarat High Court Sets Free Man Detained For Being A "Bootlegger"

The Gujarat High Court on Monday (October 7) quashed a detention order issued by Ahmedabad's Police Commissioner "preventively detaining" a man accused of being a bootlegger and carrying out activities which adversely affect public order under the Gujarat Prevention of Anti-social Activities Act, 1985. In doing so, the high court directed that the detenue–Bhanabhai Babubhai Solanki be set...

Bar Council Of India Cannot Issue Gag Orders Restraining Speech Of Advocates Or Its Members: Karnataka High Court

The Karnataka High Court has held that the Bar Council of India (BCI) does not have the power to issue gag orders restraining the speech of Advocates or even the members of the Bar Council.A single judge bench of Justice M Nagaprasanna said “The Chairman of the Bar Council of India ostensibly cannot pass any such gag order which takes away the fundamental right of any Advocate. The power of...

Industrial Tribunal's Findings On Employee's Alleged Misconduct Without Taking On Record Inquiry Report Not Sustainable: Gujarat High Court

The Gujarat High Court has held that an Industrial Tribunal, dealing with an employee's appeal challenging the disciplinary action taken by the Western Railways for an alleged misconduct, cannot delve into fairness of the procedure in the absence of inquiry officer's report.The Division Bench of Justice A.S. Supehia and Justice Gita Gopi was dealing with two appeals- one preferred by the...

Plea In Delhi High Court To Allow Sonam Wangchuk, Others From Ladakh To Hold Peaceful Protest At Jantar Mantar

A petition has been filed before the Delhi High Court seeking permission to allow climate activist Sonam Wangchuk and his associates from Ladakh to hold peaceful protest at Jantar Mantar or any other suitable location from October 08 to October 23 for raising environmental awareness and demanding Sixth Schedule status for Ladakh.The plea has been filed by Apex Body Leh, an organization...

S. 188 CrPC | CBI Requires Only Centre's Nod To Probe Crimes Abroad Committed By Indians, State's Consent Not Needed: Allahabad HC

The Allahabad High Court has held that the Central Bureau of Investigation (CBI) is not required to seek the consent of the State Government under Section 6 of the Delhi Special Police Establishment (DSPE) Act 1946 to investigate an offence committed outside the country by an Indian citizen; in such cases, only the sanction of the Central Government is required. A bench of...