Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case.A division bench comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen observed that no universal rule or straitjacket formula can be applied in such...

Chastity Of Woman Priceless Possession, Character Assassination By Husband Valid Ground For Wife To Live Separately & Claim Maintenance: Orissa HC

The Orissa High Court has recently held that if husband indulges in character assassination of wife without producing proof regarding infidelity, it is a sufficient ground for her to live separately and she shall not be debarred from claiming maintenance as per Section 125(4) of the Code of Criminal Procedure.While upholding the order of maintenance passed by the Family Court, the Single Bench...

Allahabad High Court Acquits Murder Convict Who Was Given Remission In 2021 Upon Spending 25 Years In Jail

The Allahabad High Court last week acquitted a murder accused who had been given remission in the year 2021 upon completing 25 years in Jail, as it found manifest illegality in the trial court judgment pronounced in March 2002. The Court noted that the 'extra-judicial confession' relied upon by the trial court had not been proved beyond reasonable doubt, and the same was...

Film Director Ranjith Moves Kerala High Court To Quash Outraging Modesty Complaint

Malayalam film director Ranjith approached the Kerala High Court on Monday (January 13) seeking quashing of proceedings against him based on an FIR lodged by a Bengali actress alleging the commission of an offence under IPC Section 354 (assault or criminal force to outrage woman's modesty) and 509 (word, gesture, act intended to outrage woman's modesty).The proceedings are pending...

Madras HC Grants Bail To YouTuber Savukku Shankar Booked For Spreading Misinformation About Investigation In Land 'Scam' Case

The Madras High Court on Friday (January 17) granted bail to YouTuber and whistleblower Shankar alias Savukku Shankar in a case for allegedly spreading misinformation about the investigation in an alleged land scam case. The vacation court of Justice GR Swaminathan, while granting bail, orally remarked that the charges against Shankar did not warrant an arrest. The judge wondered how...

Denying Regularization From Correct Date By Making Distinction Based On Initial Nature Of Work Arbitrary, Violates Art. 14, 16: Rajasthan HC

The Jodhpur bench of Rajasthan High Court quashed the State government's order, which did not regularize a man on the ground that his initial work on daily wages was different from his counterparts, terming the consideration as “irrelevant” and the actions of the State as discriminatory and violative of Articles 14 and 16.Justice Arun Monga said, “The principle of equity warrants...

Arbitration Dispute: Delhi High Court Restrains DB Dixon Battery From Using Images Of Shikhar Dhawan While Promoting Its Products

The Delhi High Court on Friday restrained DB Dixon Battery Private Limited, manufacturer of lead acid storage batteries, from using the images of former cricketer of the India Men's National Cricket Team Shikhar Dhawan while promoting its products.Justice Subramonium Prasad issued notice on a plea filed by Dhawan for interim injunction to restrain DB Dixon Battery Private Limited from using...

[S.115JB Income Tax Act] Delhi HC Rejects Dept's Appeals Against Tata Power's Joint Venture With Delhi Govt For Supply Of Electricity

The Delhi High Court has held that Section 115JB of the Income Tax Act, 1961, as it stood prior to its amendment by virtue of Finance Act, 2012, would be inapplicable to an electricity generation company. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma thus dismissed the Department's appeals against Tata Power Delhi Distribution Limited, a...

LIC Suffered No Loss, Gained More Business: Rajasthan HC Quashes Recovery Order Against Officer For Not Reporting Agent In Govt Service

The Jodhpur bench of Rajasthan High Court quashed Life insurance Corporation of India's order (LIC) initiating recovery proceedings against its Development Officers in connection with the money generated by the business conducted by an agent who was not authorized to work for LIC as he was in government service.Justice Arun Monga said, "Be that as it may, neither LIC has suffered any loss...

Merely Submitting Adoption Plea Wouldn't Confer Any Rights To Unilaterally Take Child's Custody Without Following Procedure: Madras HC

The Madras High Court has observed that merely submitting an application seeking adoption of a child would not confer any rights on the parties concerned to take custody of the child unilaterally without "scrupulously" following the due procedure. A division bench of Justice SM Subramaniam and Justice M Jothiraman noted that the procedures contemplated under the relevant statutes have...

NDPS Act| 'Magic Mushroom' Not A Scheduled Narcotic/Psychotropic Substance, Can't Be Treated As A Mixture But Only A Fungi: Kerala HC

The Court held that only the quantity of 'psylocybin' present in the mushroom can be measured to determine 'commercial quantity'.

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification.Emphasising that such an act cannot be executed by a subsequent offer of marriage, a bench of Justice Sanjay Kumar Singh noted that the law does not allow for the acceptance of...