Illegal Termination Entitles Employee To Full Back Wages Unless Employer Proves Alternative Employment During Suspension: Kerala HC

Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed an appeal by the Arpookara Service Co-operative Bank Ltd. The bench upheld an Arbitration Court's order to pay full back wages to a former employee. The court held that employers bear the burden of proving that the employee was gainfully employed during his suspension period. In the absence...

Delhi High Court Denies Bail To 'ISIS Associate' In UAPA Case, Says He Was Advocating 'Jihad' To Establish Caliphate

The Delhi High Court has recently denied bail to an alleged member of ISIS in a case registered by National Investigation Agency (NIA) accusing him of radicalising youths using cyber space.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma dismissed the plea moved by MD Heydaitullah, observing that the mandate of Section 43(D)(5) of UAPA was clearly applicable in...

Customs Dept Cannot Encash Bank Guarantee Furnished By Trader During Pendency Of Appeal If Pre-Deposit Is Made: Delhi HC Affirms

Based on a circular issued by the Finance Ministry, the Delhi High Court has affirmed that the Customs Department cannot encash the bank guarantee furnished by a trader, whose import/export transactions are in dispute, if the latter has made a pre-deposit with his appeal against the demand and penalty. A division bench of Justices Prathiba M. Singh and Dharmesh Sharma...

Karnataka High Court Half Yearly Digest [July 2024 To December 2024]

Citations: 2024 LiveLaw (Kar) 291 To 2024 LiveLaw (Kar) 532Nominal Index:ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 291A Ramesh Babu & Others AND Dharani S. 2024 LiveLaw (Kar) 292Justice B Padmaraj AND Union of India & ANR. 2024 LiveLaw (Kar) 293G Devaraje Gowda AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 294M/S POWER SMART MEDIA PVT LTD & ANR AND Union of...

Punjab & Haryana High Court Issues Contempt Notice To SDM Over Failure To Vacate Office To Provide Space For Judges To Hold Court

The Punjab & Haryana High Court has issued contempt notice to the Sub Divisional Magistrate (SDM) of Punjab's Derabassi, over failure to comply with direction to vacate his office to provide space to judges to enable them to hold court.Previously, the Court on December 20 had noted the "stark difference" of Derabassi SDM's office and Court running in the same building. The first floor...

Procedural Safeguards Mandatory For Stigmatic Termination Even In Contractual Employment: Chhattisgarh HC

Chhattisgarh High Court: A Single Judge Bench of Justice Amitendra Kishore Prasad ruled that stigmatic termination of contractual employees requires adherence to procedural safeguards and natural justice principles. The court set aside the termination order of a Gram Rojgar Sahayak, and ruled that allegations of misconduct necessitate a proper inquiry and fair hearing even...

Andhra Pradesh HC Directs Trial Court Registry Not To Stall Registration Of Plaint By Insisting On Compliance Of Objections Not Given In CPC

The Andhra Pradesh High Court has said that at the stage of registration of civil suits, the trial court registry must not insist on compliance of objections to a plaint that are not mandated under the Civil Procedure Code or the Civil Rules of Practice Justice Ravi Nath Tilhari said, “It shall ensure, not to insist compliance with such objections, which are not contemplated by the Code...

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce...

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out

The Jharkhand High Court quashed a preventive detention order issued under Jharkhand Control of Crimes Act against a man by the District Magistrate-cum-Deputy Commissioner, East Singhbhum based on certain station diary entries, while questioning the State as to what prevented it to first lodge an FIR. The court pointed out that Station Diary Entries or Sanhas cannot be a ground for keeping...

Once Selection Process Culminates Into Document Verification, It Shouldn't Be Cancelled Citing Technical Infirmity: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court has held that once any selection process for a job post is culminated into the process of document verification after selection of candidates, it should not be cancelled citing technical infirmities in the original advertisement.Justice Subodh Abhyankar observed, “…the Government vacancies are already hard to come by, and even if they...

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code (IPC). The court held that cognizance for the offence under Section 188 IPC cannot be taken on the basis of a police report and must adhere strictly to the requirements of Section 195(1)(a) of the Code of Criminal...

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Justice Subhash Chand observed, “The deceased was a Professor in Baldeo Sahu Degree College, Lohardaga, and was Head of Department of Philosophy. He was getting the salary along with...