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Kerala High Court Weekly Round-Up: May 5 – 11, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 261 - 268]Laju Cherian v Tara Laju and State of Kerala, 2025 LiveLaw (Ker) 261Trivandrum Apollo Towers Pvt. Ltd and Another v Union of India and Others, 2025 LiveLaw (Ker) 262Vaisakh A Nair v The Managing Director, KSRTC and Others, 2025 LiveLaw (Ker) 263Santhosh Varkey @ Arattanan v State of Kerala, 2025 LiveLaw (Ker) 264State of Kerala and Another...
Delay In Appointment, Employee Entitled For Qualifying Service For Pension, But No Wages: Calcutta HC
Calcutta High Court: A division bench consisting of Justices Madhuresh Prasad and Supratim Bhattacharya allowed a petition that was filed by a doctor, whose pension was denied due to insufficient qualifying service. The court ruled that if the Government delays in implementing court mandated absorption of an employee, the period of delay should be counted towards the qualifying service...
For Mere Unauthorised Absence, Punishment Of Compulsory Retirement Too Harsh: Patna HC
Patna High Court: A single judge bench consisting of Justice Purnendu Singh quashed an order that imposed compulsory retirement on a CISF constable for allegedly misbehaving at work. The court held that the punishment was disproportionate, and further directed the Disciplinary Authority to impose a lesser punishment. The court explained that a disproportionate penalty attracts Article 21...
Outsourcing In Govt Depts Must Comply With Labour Laws: Patna HC Upholds 2019 Memo Allowing Contractual Assistants To Remain In Service
The Patna High Court has directed District Magistrate of Purnea to post 22 contractual executive assistants, appointed under the Bihar Prashashanik Sudhar Mission (BPSM) whose services were stopped due to paucity of funds, in vacant posts in other departments of the state government. In doing so the court upheld a 2019 notification as per which Executive Assistants were entitled to remain...
Meghalaya High Court Enlarges Scope Of PIL Seeking To Ensure Adequate Cremation Facilities To Include Setting Up Of Cemeteries For Christians
The Meghalaya High Court on Thursday (May 8) enlarged the scope of PIL concerning setting up of crematoria to cremate the indigenous Khasi, Jaintia and Hindu persons, to include the Christian community after taking judicial notice of information that various denominations of the Christian faith are facing difficulty in burying their dead.The division bench comprising the Chief Justice I....
'Gravest Charge Not Proven': Jharkhand HC Modifies Late CISF Personnel's Dismissal To Compulsory Retirement In Widow's Plea
Partly allowing a plea by the widow of a deceased CISF personnel–dismissed from service for misconduct, the Jharkhand High Court observed that it would be improper to relegate the widow to the disciplinary proceeding and that the punishment of dismissal from service was disproportionate when the gravest charge was not proved. Justice Ananda Sen was hearing a plea of one Jayanti Devi...
Court Cannot Set Aside Entire Arbitral Award Due To Fraud In One Claim When Other Claims Rest On Different Grounds: Jharkhand High Court
The Jharkhand High Court bench of Chief Justice M. S. Ramachandra Rao and Justice Rajesh Shankar has held that when two claims decided in an arbitral award are mutually unrelated, the court, under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), cannot set aside the entire arbitral award solely because a fraud was committed concerning one of the claims, while...
Acquiescence To Termination Notice Of Agreement Bars Interim Relief U/S 9 Of Arbitration Act: Bombay High Court
The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that when a party is aware of a termination notice issued by the other party and conducts itself on the assumption that the termination has taken effect, it cannot later seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) on the ground that the other...
Court Can Appoint New Arbitrator U/S 11(6) Of Arbitration Act If Designated Arbitral Institution No Longer Exists: Telangana HC
The Telangana High Court bench of Justice K Lakshman has held that even if the designated arbitral institution named in the arbitration agreement no longer exists, the Court can still appoint a new arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) provided the intention to arbitrate is clearly evident from the arbitration...
Patna High Court Upholds ₹25 Lakh Service Tax Demand Against Travel Agency Which Failed To Disclose Transactions & Claimed Records Were Lost In Fire
The Patna High Court has recently upheld a service tax demand of ₹25.25 lakh against a travel agency, dismissing its defence that crucial business records had been lost in a fire. The Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Ashok Kumar Pandey observed, “this petitioner having surrendered his service tax registration had not disclosed the transactions in ST-3....
'Punjab Sensitive Amid India-Pakistan Firing': High Court Grants Time For Filing Reply To Contempt Case Over Water Dispute With Haryana
"This Court is conscious of the present sensitive atmosphere prevailing in the State of Punjab due to cross border firing between India and Pakistan and therefore, does not want to burden the Chief Secretary as well as the Director General of Police, Government of Punjab, with any contempt notice," said the Punjab & Haryana High Court while granting time to Punjab Government to respond...
Punjab & Haryana HC Bar Body Writes To Chief Justice Seeking Guidelines On Court Functioning Amid India-Pakistan Tensions
Amid rising tensions between India and Pakistan, the Punjab & Haryana High Court Bar Association wrote to Chief Justice Sheel Nagu on Saturday (May 10) seeking guidance on "further course of action pertaining to functioning of the Courts" from Monday (May 12). The bar body's highlighted that most of the Court rooms are not having an Open Video Conference (VC) system, and joining on VC is...