Decision To Treat Employees Quitting Service Due To Disability Differently From Those Retiring On Superannuation Is A Policy Matter: Kerala High Court

A single Bench of Kerala High Court comprising Justice N. Nagaresh dismissed a writ petition filed by P.K. Jayan, a goods auto driver, seeking enhancement of his disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. The court ruled that the petitioner was only entitled to the disability pension as per the Scheme's provisions, not the higher...

Second Application U/S 125 CrPC Is Maintainable Even If First Plea Was Dismissed Sans Liberty To File Afresh: Allahabad HC

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC would be maintainable even though the first plea was dismissed without providing the liberty to file fresh. A bench of Justice Saurabh Lavani also added that a man's refusal to support his wife and children, whom he is bound to support under the law, would be covered under...

"Any Objection Regarding Non-Applicability Of MSMED Act Can Be Decided By Arbitral Tribunal U/S 16 Of A&C Act": Delhi High Court

The Delhi High Court division bench of Chief Justice Manmohan and Justice Tushar Rao Gadela, while hearing an appeal, has upheld the order passed by a single-judge bench wherein it was held that the question of whether an entity was an MSME at the relevant time was to determined by the tribunal under section 16 of A&C Act and not the writ court. Facts Overview: GAIL issued...

Principle Of Judicial Non-Interference Is Fundamental To Both Domestic & International Arbitral Proceedings: Delhi High Court

The Delhi High Court Bench of Justice Subramonium Prasad observed that it is well settled that the principle of judicial non-interference in arbitral proceedings is fundamental to both domestic as well as international commercial arbitration and that the Arbitration Act is self contained code. In this case, a petition under section 11(5) of the Arbitration and Conciliation Act (Act)...

Gujarat High Court Quashes Overtime Wage Award To Surat Fire Brigade Employees; Evidence Found Insufficient

A Division Bench of Gujarat High Court comprising Justice A.S. Supehia and Justice Gita Gopi overturned the Industrial Tribunal's award that directed the Surat Municipal Corporation to pay overtime wages to fire department employees. The court held that there was no sufficient evidence to prove that the employees had worked overtime beyond their 12-hour shifts between 2001 and 2017. It...

Long-Standing Consensual Adulterous Physical Relationship Doesn't Amount To Rape: Allahabad High Court

The Allahabad High Court recently observed that a long-standing consensual adulterous physical relationship wouldn't amount to rape within the meaning of Section 375 IPC. A bench of Justice Anish Kumar Gupta observed this while quashing entire criminal proceedings against a man who had been accused of raping a woman on the pretext of a promise to marry her. The Court noted that...

Section 74 Of CGST Act Can Be Invoked If Assessee Fails To Report Actual Sales To Evade Tax: Kerala High Court

The Kerala High Court stated that provisions of section 74 of CGST Act can be invoked if assessee fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under the CGST / SGST Acts. The procedure under Article 226 of the Constitution of India cannot be invoked...

Bombay High Court Upholds MSRTC's Right To Dismiss Conductor For Repeated Misconduct; Domestic Inquiries Do Not Require The Same Standard Of Proof As Judicial Proceedings

A Single Bench of Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Road Transport Corporation (MSRTC). It set aside the Industrial Court's order and reinstated MSRTC's right to dismiss a conductor, Raghu Deu Mongal, for serious misconduct. The court held that the domestic inquiry was fairly conducted and the punishment...

Bombay High Court Reaffirms Binding Nature Of Emergency Arbitrator's Decision, Grants Interim Relief U/S 9 Of Arbitration Act

The Bombay High Court bench of Justice Arif S. Doctor has observed that the object and intent of section 9 of the Arbitration Act is to support Arbitration and not defeat and/or permit parties to detract from the very process of arbitration. Therefore, party autonomy being the bedrock of arbitration, this would necessarily apply from the agreement to the rendering of the final arbitral...

Bombay High Court Overturns Labour Court's Reinstatement Of Typist; Clarifies Regularization Criteria To Contractual Workers In State Instrumentalities

A Single Bench of the Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Electricity Board (MSEB) and overturned a Labour Court award that had directed the MSEB to reinstate Suchita Vijay Surve as a permanent employee with 50% back wages. Surve had worked as a typist on a contractual basis for the Board and had sought permanency after six...

Bombay High Court Cites Procedural Flaws In MNLU Student's Expulsion For Sexual Misconduct, Urges Reformative Approach

A Division Bench of Bombay High Court comprising Justice A.S. Chandurkar and Justice Rajesh S. Patil set aside the expulsion of a law student from Maharashtra National Law University (MNLU) for sexual misconduct, citing serious procedural violations and recommending a reconsideration of the penalty. The court held that while the student's misconduct was significant, MNLU failed to comply...

Rajasthan High Court Quarterly Digest: July - September, 2024

Citations: 2024 LiveLaw (Raj) 137 To 2024 LiveLaw (Raj) 282Orders/JudgmentsS.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint PetitionTitle: Mahaveer Prasad Suman v Lalit Mohan SharmaCitation: 2024 LiveLaw (Raj) 137Rajasthan High Court allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and...