Delay In Reinstatement After Tribunal Award, Employer Can't Deny Pension For The Delayed Period : Jharkhand Hc

The Jharkhand High Court bench comprising of Justice Rajesh Shankar, while deciding an appeal held that an employer cannot deny pension benefits on the ground of insufficient service period or contribution if the delay in reinstatement following a tribunal award was due to the employer's own fault. Background Facts The respondent was appointed in Barora Area of M/s BCCL...

Andhra Pradesh High Court Weekly Roundup: May 19 - May 25, 2025

2025 LiveLaw (AP) 98 to 2025 LiveLaw (AP) 103Nominal IndexNational Insurance Company Ltd. v. K. Lakshmi – 2025 LiveLaw (AP) 98Bhashyam Venkata Rao and Others vs The State Of Andhra Pradesh and Others – 2025 LiveLaw (AP) 99Tappa Abdul Rasool v. State of Andhra Pradesh & Ors. – 2025 LiveLaw (AP) 100Smt Seerapu Shyamala v. The State Of Andhra Pradesh and Others – 2025 LiveLaw (AP)...

Ensure That Members Of Foreigners' Tribunal Are Paid Salaries Regularly: Gauhati High Court To Assam Govt

The Gauhati High Court asked Assam Government to ensure that withdrawal of the power of Drawing and Disbursing Officer (DDO) from the Members of Foreigners' Tribunals, should not come in the way of regular payment of the salaries by the Members of the Foreigners' Tribunals. The single judge bench of Justice Suman Shyam was hearing a Writ petition related to the infrastructure for the...

No Fixed Format For Sending Notice U/S 21 Of A&C Act, Outlining Clear Intention To Adopt Arbitration Is Sufficient: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that there is no prescribed format for a notice invoking arbitration. The legal requirement is that the party invoking arbitration must clearly outline the disputes between the parties and state that if these disputes remain unresolved, arbitration proceedings will be initiated. The intention to resolve the disputes...

Gauhati High Court Grants Six Weeks Time To Nagaland Govt For Constitution Of Customary Courts

The Gauhati High Court at Kohima recently granted six weeks to the Nagaland Government to constitute of the Customary Courts and the Subordinate District Customary Courts as per the Rules for Administration of Justice and Police in Nagaland (Fifth Amendment) Act, 2025.The division bench comprising Justice Kakheto Sema and Justice Mitali Thakuria was hearing a revision petition against an order...

Karnataka High Court Weekly Roundup: May 19 - May 25, 2025

Citation No: 2025 LiveLaw (Kar) 181 to 2025 LiveLaw (Kar) 184Nominal Index: Shrishail Irappa Kempwad & ANR And State of Karnataka & Others. 2025 LiveLaw (Kar) 180Savinaya AND Mrs Sheela G Bhat & Others. 2025 LiveLaw (Kar) 181Karnataka State Private Management Association of Health Institutions AND State of Karnataka & Others. 2025 LiveLaw (Kar) 182Addanada Karriappa...

Punishment Of Censure, Claim For Promotion During Disciplinary Proceedings Rightly Rejected : Calcutta Hc

A Division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Reetobroto Kumar Mitra held that employee against whom disciplinary proceedings were pending at time of recommendation for promotion can be granted promotion only prospectively after the conclusion of proceedings. Background Facts A disciplinary proceeding was initiated by...

Gauhati High Court Suo Motu Issues Notice To 10 Booked For Rape On Plea For Cancelling Bail After Noting That Victim Was Not Heard

The Gauhati High Court at Itanagar issued notice on a plea for cancellation of bail of ten accused in a rape and trafficking case sought on the ground that no notice was issued to the victim or informant and that the trial court had granted bail without hearing the victim/informant. Justice Sanjay Kumar Medhi was hearing a Suo Motu plea, against a suspended Assistant Commandant of 1st...

JJ Act Overrides NIA Act, Juvenile Booked Under UAPA To Be Tried By Children's Court: Madhya Pradesh High Court

While hearing a matter concerning juvenile accused of offences under the Explosives Substances Act and the UAPA, the Madhya Pradesh High Court held that the non-obstante clause of the Juvenile Justice Act, 2015 will override the National Investigation Agency Act, 2008.Considering the effect of the non-obstante clause, the Court held that the juvenile in conflict with law shall be tried by...

No Omnibus Exception U/S 8F Of Indian Stamp Act Read With S.5 Of SARFAESI Act For Registration Of Asset Reconstruction Agreements: Kerala HC

The Kerala High Court recently held that there is no omnibus or complete exemption on stamp duty provided under S. 8F of the Indian Stamp Act, read with S.5 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for asset reconstruction agreements.Factual MatrixThe writ petitions were preferred by an asset reconstruction...

Mother Hiring Maid To Look After Child Not Ground To Deny Custody: Bombay High Court

A mother appointing a maid servant to take care of the child is not a ground to deny her the custody of the said child, the Bombay High Court held recently.Single-judge Justice RM Joshi pointed out that appointing maid servants to take care of children is not an 'uncommon' practice. "For last about 8 months, the child is with mother. Nothing absolutely is brought on record to indicate...

Bombay High Court Weekly Round-Up: May 19 - May 25, 2025

2025 LiveLaw (Bom) 193 to 2025 LiveLaw (Bom) 197Nominal Index:Ram Shankar Sinha vs Ritesh V. Patel, 2025 LiveLaw (Bom) 193Balasaheb Gurushantappa Arawat vs State of Maharashtra, 2025 LiveLaw (Bom) 194Kisanlal Bairudas Jain vs Union of India, 2025 LiveLaw (Bom) 195Arjun Amarjeet Rampal vs Income Tax Department, 2025 LiveLaw (Bom) 196The Board of Mumbai Port Authority vs Official Liquidator of...