Public Spirited Person Undergoing Sterilisation Can't Be Deprived Of Advance Increments Under Scheme For Family Planning: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court held that if a public spirited person (whether he is a government servant or not) unselfishly gets himself/herself sterilised for family planning, such person cannot be later deprived of any benefit under a government scheme for advance increments to government servants opting for family planning.In doing so, the court clarified that such person...

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35(2)(a), an award can be set aside only if the petitioner establishes that the parties were under some incapacity or...

Family Pension Denied Due To Non-Provincialisation Of Service Before Death; Gauhati HC Suggests To make Fresh Plea To Governor

Gauhati High Court: A Single Judge Bench of Justice Robin Phukan disposed of a writ petition filed by a widow seeking family pension under the Assam Services (Pension) Rules, 1969. The court held that family pension could not be granted since the petitioner's husband's service was not provincialised before his death. However, it directed the widow to file an application before the...

APSRTC Conductor's Termination Upheld; Leniency Towards Misappropriation Contrary To Public Interest: AP HC

Andhra Pradesh High Court: A single judge bench of Justice Maheswara Rao Kuncheam upheld the dismissal of an APSRTC conductor. He was terminated for collecting fares from passengers without issuing tickets. The court stressed on the importance of maintaining public trust in disciplinary actions. It ruled that leniency in cases of misappropriation, even involving small amounts, is contrary...

Delivery Boy To Civil Judge – A Story That Inspires

The life trail of Advocate Yaseen Shan Muhammed who came second in the Kerala Judicial Services Examinations 2024 and qualified to be a Civil Judge is truly inspirational. The key to his success, according to Yaseen, is sheer determination and hard work. Turning the pages of Yaseen's book of life would give hope to many who feel that their future is bleak, dumped and depressed. LiveLaw interacted with Yaseen and we are proud to share his story for our readers. Yaseen hails from Palakkad...

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. It held that multiple claim petitions for the same accident are not maintainable. The court ruled that when the widow and daughter of the deceased employee had already settled their claim in 2015, a subsequent petition by the...

Appointment Didn't Comply With Drivers Service Rules, Allahabad HC Denies Government Servant Status To Special Sugar Fund Employee

A division bench of the Allahabad High Court comprising of Chief Justice Arun Bhansali & Justice Jaspreet Singh held that an employee appointed under the Special Sugar Fund cannot be regarded as a government servant, as the appointment was not made in accordance with the Uttar Pradesh Sugar Department Drivers Service Rules, 1984. Background Facts The Special Sugar...

MOIL Ltd.'s Pension Scheme Struck Down By Bombay HC As Discriminatory; Distinction Between Resignation And Superannuation Declared Arbitrary

Bombay High Court: A Division Bench of Justices Avinash G. Gharote and Abhay J. Mantri held that Clause 7(b) of the MOIL Group Superannuation Cash Accumulation Scheme is discriminatory and violative of Article 14. This clause restricted employees who resigned from receiving their pension. The court ruled that resignation alone cannot bar pensionary benefits when all other...

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

The Gujarat High Court on Monday (December 23) called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings before...

Kerala High Court Allows State To Acquire Nedumpala Estate and Elstone Tea Estate In Wayanad For Rehabilitation Of Landslide Victims

The Kerala High Court on Friday (December 27) held that the State can take over the Nedumbala estate and Elstone tea estates in Wayanad for rehabilitation purposes post the July 30 landslide, under the Disaster Management Act, 2015 (DM Act). Justice Kauser Edappagath also said that the government shall determine the total amount of compensation to be awarded to the petitioners...

Gauhati HC Sets Aside Disciplinary Action Against Law Students For Protesting At College Event, Asks Them To Apologise & Pay 10K Costs

The Gauhati High Court recently set aside two notices issued by Tezpur Law College's Principal-in-Charge initiating disciplinary action against a law student, on the condition that he shall tender a written apology to the Principal publishing it in two widely circulated newspapers in the locality and also pay cost of Rs.10,000.Justice Robin Phukan in his December 20 order...

Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court

The Indore Bench of Madhya Pradesh High court recently held that merely mentioning a person's name in departmental documents as a nominee does not automatically confer a right to claim compassionate appointment on account of death of deceased employee.A single-judge bench of Justice Subodh Abhyankar observed, “…merely mentioning of the name of any person in the official documents...