'Arbitrary' Confiscation Of Vehicle A 'Serious' Encroachment On Fundamental Right To Trade U/Art 19(1)(g): Allahabad HC

The Allahabad High Court has observed that the 'arbitrary' confiscation of a vehicle that a person might be using for his trade, profession, or occupation is a serious encroachment on the fundamental right of a citizen guaranteed under Article 19(1)(g) of the Constitution of India. “The confiscation, by its very connotation, implies depriving a person of his property to which he...

Courts Can't Direct Promotions Outside Established Rules And Seniority Framework: Madras HC

Madras High Court: The Court held that a Water Pump Operator's promotion to Sanitary Supervisor and subsequent reversion must be evaluated within the framework of the Tamil Nadu Town Panchayat Establishment Rules. Since the position of Water Pump Operator (that the petitioner undertakes) is not among the designated feeder posts (Public Health Workers, Sanitary Workers, or Scavengers)...

Ban Imposed U/S 69 Of Partnership Act Has No Application To Arbitral Proceedings: Delhi High Court

The Delhi High Court Bench of Justice Neena Bansal Krishna held that the bar of Section 69 of the Partnership Act does not come within the expression “other proceedings” as used in Section 69(3) of the Partnership Act. Therefore, the ban imposed under Section 69 has no application to the arbitral proceedings.Brief FactsThe Petition under Section 34 of the Arbitration and Conciliation...

Organized Racket Of Touts Has Emerged Around District Courts That Issue Fake Marriage Certificates: Allahabad HC

The Allahabad High Court recently raised concerns regarding the emergence of an organised racket of touts who are involved in getting fake marriages registered through forged documents. A bench of Justice Vinod Diwakar noted that an organised racket of touts and agents has emerged around the district courts in the name of religious trusts, in which qualified legal professionals...

Woman's Partner, His Relatives Can't Be Prosecuted For Cruelty In Absence Of Legal Marriage: Kerala High Court

While quashing a criminal case registered against a man under Section 498A IPC by the complainant wife, the Kerala High Court reiterated that in the absence of records proving legal marriage between the parties, there can be no prosecution for cruelty against the partner of the woman, or his relatives. In the facts of the case, the marriage between the petitioner husband and the de...

Rajasthan High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order

The Rajasthan High Court Bench of Justice Pankaj Bhandari and Justice Praveer Bhatnagar has held that it was the bounden duty of the respondent to apprise the Arbitral Tribunal about the dismissal of the writ petition. Non-disclosure of the same, tantamount to grave misconduct on part of the respondent. Additionally, the court observed that the use of the word 'however' does not mean...

Indefinite Probation Extension Beyond Regulatory Limits Invalid; Bombay HC Reinforces Procedural Safeguards

Bombay High Court: A Division Bench comprising Justice Ravindra V. Ghuge and Justice M.M. Sathaye ruled that Mumbai Port Authority's (MbPA) termination of a Chief Law Officer's probation based on an internal inquiry report without due process was stigmatic and unjustified. The Court found that the indefinite extension of probation violated the Mumbai Port Trust Employees Regulations,...

Karnataka HC Refuses To Let BESCOM Officer 'Off Hook' For Deaths After Transformer Burst, Says Compensation Doesn't Mask Dereliction Of Duty

The Karnataka High Court has refused to quash criminal prosecution initiated against a Junior Engineer in BESCOM, after a father and her daughter died by electrocution due to a transformer burst on a road.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Mahanthesh S Nagur and said, “There are several complaints, before the fateful day, to rectify the defect in...

Non-Speaking Dismissal Orders And Procedural Lapses In Disciplinary Proceedings Violate Natural Justice: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Sanjay Dwivedi invalidated the dismissal of a Bhopal Development Authority (BDA) employee, finding significant violations of natural justice principles. The court held that the disciplinary proceedings against Vijay Singh Yadav were fundamentally flawed due to the absence of witness testimony, failure to provide essential...

Rajasthan High Court Refuses To Quash Cheque Bounce Case Against Man Who 'Avoided' Arrest For 12 Years

The Jaipur bench of the Rajasthan High Court rejected a man's quashing petition booked in a cheque bouncing case sought on the ground of compromise between parties, after noting that the plea was in effect a "review" of an earlier revision petition which had already been dismissed by the court last year. In doing so the high court refused to interfere with a coordinate bench's decision...

Arbitrary Downgrading Of Military CRs Without Cogent Reasoning Violates Procedural Guidelines: Delhi HC

The Delhi High Court: A Division Bench comprising Justice Navin Chawla and Justice Shalinder Kaur partially allowed a petition challenging biased Confidential Reports (CRs) of an Army officer. The court found that the downgrading of Brigadier Gopal Mohan Atri's ratings by superior officers was arbitrary and inconsistent with his service record. Emphasizing the need for objective...

Bar On Credit Society Members Contesting Beyond 3 Terms Illegal: Kerala HC Strikes Down S.28 (2A) Of Co-operative Society Amendment Act 2023

The Kerala High Court has declared Section 28 (2A) of the Kerala Co-operative Society Amendment Act, 2023 as illegal, unconstitutional and against the principles of co-operative member control.Section 28 deals with the constitution of the Committee for the management of the affairs of the Society. Section 28 (2A) states that no member of a credit society shall be eligible for election to...