Gathering For Lawful Purposes Should Not Be Restricted Without Imminent Threat To Public Order: Calcutta High Court

The Calcutta High Court bench of Justice Rajarshi Bharadwaj has held that if a gathering is not intended for unlawful purposes, it should not be restricted at a public place unless there is an imminent threat to public order. Even in such situations, the High Court held that any restrictions imposed must be fair and reasonable with a balance between individual rights and...

Plea In Calcutta High Court Challenges Release Of "Diary Of West Bengal" Movie, Alleges Communal Undertones

The Calcutta High Court on Wednesday said that it shall hear tomorrow (Thursday) a public interest litigation (PIL) petition seeking a stay on the release of the movie "The Diary of West Bengal". According to reports the movie is set up against the backdrop of the 1971 Bangladesh genocide.The matter was mentioned before a division bench comprising Chief Justice TS Sivagnanam and Justice...

Important To Hold Referendum For Multiple Trade Unions To Determine Which Union Commands Bargaining Power: Kerala High Court

The Kerala High Court has held that when there are multiple registered trade unions, it is significant to determine which union must negotiate with the establishment to represent the interests of workmen to maintain industrial peace.It thus directed the Fertilisers And Chemicals Travancore Limited (FACT) to hold a Trade Union Referendum by secret ballot to determine the representative...

No Sweeping Direction Can Be Passed To Decide A Particular Case On Priority, Interferes With Priorities Of Other Pending Matters: Rajasthan HC

Rajasthan High Court has rejected a petition seeking directions to the District Court for expeditious decision on a divorce petition within a time bound period of six months.The bench of Justice Rekha Borana held that in the absence of any statistics on pending or disposal of cases before the concerned court, no sweeping directions could be passed to decide a case on priority. The Court...

[Payment Of Gratuity Act] Mere Reflection In Balance Sheet Doesn't Give Rise To Gratuity Claim In Absence Of Underlying Agreement: Bombay HC

While considering the claim for payment of gratuity by the Directors of a company, the Bombay High Court has observed that an entry in the liability column of the balance sheet of the company cannot be considered an 'agreement' between the company and directors under Section 4(5) of the Payment of Gratuity Act.Justice Sandeep V. Marne stated “…it cannot be stated that mere reflection of...

Gujarat High Court Rejects Asaram's Son's Plea For Personal Laptop Inside Jail, But Calls Upon Prison Authorities To Embrace Technology

"Crime is outcome of the deceased mind and jail must have an environment of hospital for treatment and care", Mahatma Gandhi said. Quoting the father of the nation, the Gujarat High Court recently asked jail authorities to embrace the benefits of technology including providing e-services to inmates, while underscoring that all prisoners cannot be painted with the same brush. The high court...

Gujarat High Court Weekly Round-Up: August 19 - August 25, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 112-117]Mehul Sureshkumar Champaneria Versus Veer Narmad South Gujarat University Through Secretary 2024 LiveLaw (Guj) 112Ms Mousumi Mukherjee D.O Shri Manab Kumar Mukherjee Versus Dakshin Gujarat Vij Company Limited(Bharuch Division) & Anr. 2024 LiveLaw (Guj) 113United India Insurance Co. Ltd. Versus Kevalji Lumbaji Harijan(Dabhi) & Ors....

No Person Can Be Arrested Merely Based On Allegations Of Committing A Crime: Bombay High Court On 'Illegal Arrest' of Journalist

No person can be arrested merely because s/he is facing allegations of having committed some offence, the Bombay High Court said recently while holding the arrest of a Thane-based journalist by the Mumbai Police, illegal. It also ordered the Mumbai Police to pay Rs 25,000 compensation to the petitioner. A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that...

PIL In Calcutta High Court Challenges 12-Hour 'Bandh' Called By BJP To Protest Police Action During 'Nabanna March' Over RG Kar Incident

A public interest litigation (PIL) has been moved before the Calcutta High Court challenging a 12-hour strike called by the Bharatiya Janata Party (BJP) to protest police action against protestors who were marching towards the Nabanna, State secretariat building in connection with the brutal rape and murder of a resident doctor at RG Kar hospital.In calling for the court to restrain the BJP...

Rs.1,000 Fine In Murder Case 'Extremely Minimal': Punjab & Haryana High Court Upholds Life Sentence, Enhances Compensation To 50K

The Punjab & Haryana High Court has upheld the conviction of seven accused persons in a 24 years old murder case and imposed a fine of Rs.50,000 on each of them, observing that fine of Rs.1000 imposed by the trial court is "extremely minimal."The deceased was murdered due to a longstanding enmity related to a land dispute. The body of the deceased was found lying injured smeared with...

Calcutta High Court Quashes Ban On Football Supporters Entering Stadium With 'Tifo' Demanding Justice For RG Kar Rape-Murder Victim

The Calcutta High Court has set aside a state government order banning supporters of Mohun Bagan Football Club from entering the Salt Lake Stadium with a large 'tifo' protesting the rape and murder of a trainee doctor at RG Kar Medical College and Hospital, during their team's match.A division bench of Justices Harish Tandon and Hiranmay Bhattacharya held:These activities are acclaimed as...

Over 23,000 Lives Lost In Mumbai Local Trains Since 20 Yrs, Making Continuous Efforts To Improve: Western Railways Tell Bombay High Court

In the last 20 years, a total of 23,027 lives have been lost in Mumbai's "life line" i.e. local trains and at least 26,572 citizens have sustained injuries, the Railways told the Bombay High Court recently. This comes in an affidavit filed by the Senior Divisional Security Commissioner, Western Railways, in response to the order of a division bench of Chief Justice Devendra Kumar Upadhyaya...