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...

Industrial Court Lacks Jurisdiction In Absence Of Clear Employer-Employee Relationship: Bombay HC

Bombay High Court: A single Judge bench of Justice Sandeep V. Marne allowed Tata Steel's writ petition. It held that the Industrial Court lacked jurisdiction to decide the employment status of canteen workers, as the nature of the employer-employee relationship was itself disputed. The court ruled that under the Maharashtra Recognition of Trade Unions and Prevention of Unfair...

Termination Without Section 25F Notice; Monetary Compensation Adequate When Employee Found In Similar Employment: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Anil L. Pansare upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not...

S.14 HMA | Divorce Petition Within 1 Year Of Marriage Barred, Can Only Be Entertained In Case Of Exceptional Hardship: Allahabad High Court

The Allahabad High Court has held that Section 14 of the Hindu Marriage Act, 1955 bars presentation of a petition for divorce cannot be filed within a period of 1 year from the date of marriage and can only be entertained in case of exceptional hardship caused to the spouse.It was held that an application under Section 14 must be filed by the spouse seeking divorce within a year of marriage...

Allegations Of Adultery Against Wife To Be Decided Before Application For Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has held that allegations of adultery against wife must be decided before the application for maintenance under Section 125 CrPC.Revisionist-husband approached the High Court against the order of the Additional Principal Judge, Family Court, Firozabad awarding interim maintenance of Rs. 7000/- to the respondent-wife under Section 125 CrPC. It was argued that the...

Trial Court Judges Often Convict Innocent Accused To Save Their Career Prospects, Avoid Wrath Of Higher Courts: Allahabad HC

The Allahabad High Court recently observed that trial court judges often convict the accused in cases of heinous offences despite a clear case of acquittal due to their fear of higher courts.“…they are fearful of wrath of the higher courts in such cases, and only to save their personal reputation and carrier prospects, such judgment and order of conviction are passed,” a bench of...

S. 63 (4) BSA | MEITY Must Notify Electronic Evidence Experts In Each District Of TN Within 3 Months: Madras High Court

In a recent decision, the Madras High Court has noted that the Central Government has notified only a handful of entities as experts under Section 79A of the Information Technology Act whose certificates were necessary under Section 63 (4) of the Bharatiya Sakshya Adhiniyam for admitting electronic evidence. Noting that no experts are notified in Tamil Nadu, Justice GR Swaminathan...

Principal Employer Can't Escape Liability Under EC Act By Claiming Workers Were Through Contractor: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sharmila U. Deshmukh dismissed Air India Charters Ltd.'s appeal against compensation awarded to a deceased pilot's dependents. The Court held that under Section 12 of the Employees' Compensation Act, 1923, the principal employer bears primary liability for compensation even when workers are engaged through contractors. The Court...

Little Girls Are Worshipped In Our Country: Allahabad HC Denies Bail To Man Accused Of Sexually Assaulting 4 Y/O Child

The Allahabad High Court recently denied bail to a man accused of sexually assaulting a 4-year-old girl child, noting that the victim has supported the prosecution story in her statement recorded under Sections 161 and 164 CrPC. In its order, the Court also observed that Rape is a heinous crime and that these types of cases are increasing day by day in our society, even...