Allahabad High Court Monthly Digest: September 2024

Nominal IndexM/S Anil Rice Mill vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 533 Jyotish Chandra Thapliyal vs. Smt. Deveshwari Thapliyal 2024 LiveLaw (AB) 534 Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536 Remo D Souza v.s State of U.P. and Another 2024 LiveLaw...

Bombay HC Sets Guidelines For Reviewing Proportionality Of Industrial Disciplinary Action; Bars Use Of New Evidence From Assessing Proportionality Of Punishment

Bombay High Court: A Single Judge Bench of Justice Anil L. Pansare remanded the case of a dismissed worker back to the Labour Court, directing a fresh assessment of punishment proportionality based solely on existing evidence. The court ruled that while Mahindra and Mahindra could potentially justify harsher punishment for the alleged protest leader, the stark disparity between...

Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne set aside the Labour Court's and Industrial Court's orders reinstating a security associate dismissed from JW Marriott for theft. The Court held that theft of hotel property by a security employee constitutes serious misconduct regardless of the value of stolen items, given their position of trust. The Court found...

Consumer Commission Must Decide Issue Of Pecuniary Jurisdiction Before Proceeding On Merits: Jharkhand High Court

In a plea concerning a matter entertained by the district consumer disputes redressal commission without first deciding issue of pecuniary jurisdiction, the Jharkhand High Court reiterated that this issue must be decided first by a court or a tribunal before proceeding further. The court also emphasized the supervisory role of High Courts under Article 227 of the Constitution to intervene...

Madhya Pradesh High Court Seeks Centre, State's Stand In PIL Against Rising Traffic Congestions, Noise Pollution

The Jabalpur bench of the Madhya Pradesh High Court on Wednesday (October 23) sought the stand of the Centre and State in a public interest litigation petition pertaining to noise pollution and Traffic congestion, particularly in the city. A division bench of Justice Sanjiv Sachdeva and Justice Vinay Saraf directed the respondents including Union of India, the State of Madhya Pradesh, and the...

Rajasthan High Court Seeks BCI's Response On Plea Challenging Its Power To Extend Term Of State Bar Council Members Beyond Statutory Period

Rajasthan High Court sought reply from the Bar Council of India (“BCI”) in a petition challenging the amendment to Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rule, 2015 (“the Rules”) and thereby empowering itself to extend the term of elected members of State Bar Councils prescribed under Section 8 of the Advocates Act, 1961 (“the...

Benefit Of SC Judgment On Extension Of Limitation During COVID-19 Can't Be Granted On Mere Asking, Especially When Party Is In Default: Allahabad HC

The Allahabad High Court has held that the benefit of extension of limitation during COVID-19, as per In Re Cognizance for Extension of Limitation, cannot be granted to a party merely for the asking, especially when there is default on the part of the party seeking such extension. While dismissing Bharat Sanchar Nigam Ltd.'s appeals under Section 37 of the Arbitration and Conciliation Act,...

'Game Rule Can't Be Changed After Its Commencement': Chhattisgarh HC Quashes State's NRI Quota Notice Affecting MBBS Admissions

In a major relief to the students who appeared for NEET (UG) 2024 and secured admission to the medical colleges in the state of Chhattisgarh under the NRI quota, the Chhattisgarh High Court has set aside an order of the State Medical Education Department adversely affecting the admissions of such students (under the NRI quota) who are already taking classes. A bench of...

Punjab & Haryana High Court Allows Union Govt To Take Action Against IIM Rohtak Director Accused Of Concealing Qualifications

The Punjab & Haryana High Court has lifted a bar on the Union Government to take action against IIM Rohtak Director, Dr. Dheeraj Sharma accused of concealing that he did not have a first-class bachelor's degree, a necessary qualification for the post.The Court in 2022 had stayed the action arising out of the show cause notice sent to him by the Union, observing that the plea challenging...

S.47 CPC | Co-owner Cannot Object To Execution Merely Because He Wasn't Made Party To Eviction Suit By Landlord: Jharkhand HC

The Jharkhand High Court has ruled that a co-owner of a property cannot object to the execution of a decree simply because they were not included as a party in the eviction suit initiated by one of the co-owners. This decision underscores the limitations of a co-owner's rights in such proceedings.The Court clarified that such an objection under Section 47 of the Civil Procedure Code (CPC) is...

CWC's Order Cannot Be Based On Personal Moral Values, Must Protect Child's Interests: Kerala HC Gives Custody Of Infant To Breastfeeding Mother

The Kerala High Court quashed an order of Child Welfare Committee (CWC) giving the custody of a one-year child to the father observing that the Committee did not even consider that the child was being breastfed by the mother. Justice V. G. Arun gave the custody of the child to the mother.The CWC had awarded custody to the father after observing that the mother had chosen to stay with a man...

Administrative Error In Pay Fixation Cannot Lead To Post-Retirement Recovery With Interest: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Sushrut Arvind Dharmadhikari quashed a recovery order seeking excess payments with interest from a retired Subedar. The Court held that recovery of excess payments from retired government employees, particularly when there is no misrepresentation or fraud, is impermissible after four years of retirement under Rule 9(4) of M.P....