'Protecting Women Employees From Sexual Harassment At Workplace Is Public Duty': Madras High Court Tells Railway Employees Co-op Society

The Madras High Court has criticised the Railway Employees Cooperative Credit Society for not taking appropriate action on a sexual harassment complaint made by one of its woman employees. Rejecting the society's argument that a writ petition would not be maintainable against the credit society, Justice Bharatha Chakravarthy ruled that protecting women employees from sexual harassment...

Sabarimala Gold Theft: Kerala High Court Dismisses Smart Creations CEO Pankaj Bhandari's Plea Challenging Arrest As Illegal

The Kerala High Court on Friday (February 13) dismissed the plea preferred by Pankaj Bhandari, CEO of Smart Creations, Chennai, alleging that his arrest as part of the Sabarimala gold theft case was illegal. Justice A. Badharudeen pronounced the order rejecting the plea.The prosecution allegation is that Bhandari along with the other accused in the case, including prime accused...

'Promotion Under Seniority-Cum-Merit Must Be Based On Seniority In Cadre, Not Date Of Initial Appointment': Bombay High Court

The Bombay High Court has held that where promotions are governed by the principle of “seniority-cum-merit”, seniority must be reckoned in the feeder cadre and not based on the date of initial appointment to service. The Court observed that once an employee satisfies the minimum eligibility and merit requirements prescribed for the promotional post, seniority in the immediate lower...

"Impacts Right To Dignified Life": AP High Court Flags Staggering Pendency Of Disciplinary Cases, Issues Continuing Mandamus To State

The Andhra Pradesh High Court has expressed concern over the "elephantine" pendency of disciplinary proceedings, which not only adversely impacts the Court, but also causes mental agony to the delinquents, thereby, directly affecting the right to a dignified life under Article 21.In this regard, Justice Nyapathy Vijay observed, “… the number of pendency of disciplinary cases is staggering...

Karnataka High Court Grants Relief To Woman Accused Of Hurting Neighbour Over Quarrel On 'Drying Clothes', Grants ₹50,000 To Victim

The Karnataka High Court modified a woman's conviction from voluntarily causing grievous hurt to voluntarily causing hurt with dangerous, after noting that a quarrel had suddenly arisen between her and her female neighbour over drying of clothes which was a "trivial issue". The court modified the conviction to Section 324 IPC (voluntarily causing hurt using dangerous weapons or means) which...

“Return To India Or We Won't Hear Your Challenge Against FEO Act”: Bombay High Court To Vijay Mallya

The Bombay High Court on Thursday granted a last chance to former liquor baron Vijay Mallya to spell out when he plans to return to India so that his plea challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that it had in a previous hearing it was made clear to Mallya to file...

Pain & Suffering Not Measurable: Rajasthan High Court Enhances MACT Award For Mental Agony Citing Prolonged Treatment, Permanent Disability

The Rajasthan High Court has enhanced the compensation awarded by the Motor Accident Claims Tribunal to a claimant under the head of mental agony from Rs. 13,000 to Rs. 50,000 taking into account the duration for which the petitioner had to be hospitalized followed by his 6 months leave from work. The bench of Justice Anoop Kumar Dhand opined that pain and suffering qualified as...

Father Not Protecting Married Daughter Who Comes Back Home Alleging Abuse By Husband Can Lead Her To Commit Suicide: Gujarat High Court

The Gujarat High Court has observed that when a married woman returns to her parental home alleging abuse by her husband, the failure of her parents, particularly her father, to protect her at that stage may also contribute to her decision to commit suicide. The Court made this observation while setting aside the conviction of a husband under Sections 498A (cruelty by husband) and 306...

Review Can't Be Invoked After Inordinate Delay: Punjab & Haryana High Court Sets Aside Police Officer's Punishment, Quashes ACR Downgrading

The Punjab and Haryana High Court has set aside the punishment of stoppage of three annual increments with permanent effect imposed on a Haryana Police officer, holding that review powers under Rule 16.28 of the Punjab Police Rules (PPR) must be exercised within a reasonable period and cannot be invoked mechanically after inordinate delay.Justice Jagmohan Bansal said, "The impugned order...

Framing Of Issues Not Mandatory In Execution Of Foreign Decrees U/S 44A CPC: Bombay High Court

The Bombay High Court has held that while executing a decree passed by a foreign court in a reciprocating territory under Section 44A of the Code of Civil Procedure, 1908, it is not mandatory for the District Court to frame issues and direct the parties to lead evidence while examining whether the decree falls within any of the exceptions under clauses (a) to (f) of Section 13 CPC. The...

'You've Surrendered Mumbai': Bombay High Court Slams BMC For Appeasing Encroachers; Warns Of Contempt

Wondering if the Brihanmumbai Municipal Corporation (BMC) officials were playing 'Tom & Jerry' with encroachers in the city's plush Hiranandani area in Powai, the Bombay High Court on Thursday questioned if the civic body has become 'powerless' and has 'surrendered' the city to encroachers as it appeared only to be protecting 'sentiments and religious rights.'For context, the bench...

Bihar Prohibition Act | Vehicle Cannot Be Confiscated Unless Owner's Involvement In Illicit Liquor Transport Is Proven: Patna High Court

The Patna High Court has held that where the owner of a vehicle is not involved in the commission of the offence of transportation of illicit liquor, and there is no consent or connivance attributable to the owner, the vehicle cannot be subjected to confiscation proceedings under the Bihar Prohibition and Excise Act, 2016.A Division Bench of Justice Mohit Kumar Shah and Justice Alok Kumar...