Withholding Gratuity Of Retired Class III Employee Without Any Pre-Retirement Inquiry Deemed Illegal: Chhattisgarh HC

Chhattisgarh High Court: A division bench of Justices Ramesh Sinha and Ravindra Kumar Agrawal held that the State cannot withhold gratuity from a retired Revenue Sub-Inspector without any prior departmental inquiry. Following State of Punjab v. Rafiq Masih, the court ruled that recovery from Class III employees post-retirement is illegal unless proceedings were initiated...

Kerala Education Rules | Managers Of Aided Schools Have Duty To Appoint Protected Teachers Only If A List Is Already Sent To Him: High Court

The Kerala High Court held that the managers of aided school have an obligation to appoint 'protected teachers' only when they are already provided with the list of 'protected teachers'Kerala Education Rules (KER) defines protected teacher as a teacher who has been retrenched for want of vacancy after putting such length of regular service as specified by the Government or is otherwise...

Undisputed Will Executed Under Law Can Be Relied Upon To Mutate Names Of Persons For Municipal Records: Madhya Pradesh High Court

The Indore Bench of Madhya Pradesh High Court held that for purposes of Municipal Records, a will can be relied upon to mutate the names of the persons who are the beneficiaries of the same.A single-judge bench of Justice Subodh Abhyankar observed, “In the context of a Will executed in accordance with law and produced before a Municipal Officer, neither the Will is evidence as provided...

70 Important Judgments Of Delhi High Court In 2024 [Part I]

LiveLaw reported 1394 judgments from Delhi High Court in 2024. Here are some of the important decisions:Delhi High Court Fixes Timelines For Interviews, Decision Making Process In Organ Transplant CasesTitle: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.Citation: 2024 LiveLaw (Del) 12The Delhi High Court has fixed timelines to be followed by the Authorisation Committee...

Referral Courts At Post-Award Stage Must Protect Parties From Being Forced To Arbitrate Non-Arbitrable Claims: Delhi High Court

The Delhi High Court bench of Justice Subramonium Prasad, while refusing to appoint an arbitrator in a Section 11 petition, has held that the referral court in a post-award stage must protect the parties from being forced to arbitrate when, after prime facie scrutiny of the facts the claims are found to be non-arbitrable. The court applied the 'eye of the needle' test, which allows...

Punjab & Haryana High Court Directs PGI Hospital To Put Sign Boards For Awareness Of 'Poor Patient Welfare Fund'

The Punjab and Haryana High Court has directed the Post Graduate Institute of Medical Education and Research (PGIMER) Chandigarh to put prominent sign boards in the hospital for awareness of Poor Patient Welfare Fund (PPWF).The Court noted that a number of patients, because of their ignorance and huge footfall at PGIMER, Chandigarh, are unable to avail the benefit of the PPWF.Chief Justice...

Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that power to correct computation error in the award under section 33 of the Arbitration Act can be exercised suo moto by the Arbitral Tribunal when no application is filed to this effect within 30 days.Brief FactsA work order was awarded to the claimant by the respondent under which the claimant undertook to construct...

'Bharat Gate' Mark Infringes 'India Gate' Mark, Phonetically Similar: Delhi High Court Rules In Favour Of KRBL Rice Company

The Delhi High Court has ruled in favour of KRBL Limited, a company known for its India Gate brand of basmati rice, in a trademark infringement case against “Bharat Gate” brand selling basmati rice.A division bench comprising of Justice C Hari Shankar and Justice Ajay Digpaul set aside a commercial court's order vacating the ad interim injunction granted in favour of India Gate,...

Gratuity A Legal Right Not Bounty: Rajasthan HC Slaps ₹25K Fine On Engineering Institute For Frivolous Litigation Against Deceased Employee

The Jodhpur bench of the Rajasthan High Court came down heavily upon the Jodhpur Institute of engineering and Technology for indulging in “frivolous and obstructive litigation” against its deceased employee and his wife in the matter of payment of gratuity ruling that it was not a bounty but a statutory right.Justice Arun Monga also imposed a cost of Rs. 25,000 on the institute and held...

Delhi High Court Annual Digest 2024: Part IV [Citations 1201 - 1394]

Citations 2024 LiveLaw (Del) 1201 to 2024 LiveLaw (Del) 1394Delhi High Court Restrains 'Rogue App' From Streaming Star's ContentsCase title: Star India Private Limited vs. Tajkir Mohammad Tanvir (King's Pro+) And Ors.Citation: 2024 LiveLaw (Del) 1201In relation to a copyright suit filed by Star Channels, the Delhi High Court has restrained a 'rogue app' and related websites from...

Power Of Transfer Exercised As Substitute For Infliction Of Lawful Punishment Is Malice In Law: Allahabad High Court

The Allahabad High Court has quashed an order for transfer of the petitioner by the Purvanchal Vidyut Vitaran Nigam Limited as being malicious and without justification. It was held that the transfer order cannot be used a measure for punishment.“The exercise of the power of transfer as a substitute for the infliction of lawful punishment in exercise of the employer's disciplinary...

Gujarat High Court Deprecates Bar President's Conduct While Seeking Adjournment In 2011 PIL, Says He Tried To 'Misuse His Position'

The Gujarat High Court on Friday (January 17) deprecated the conduct of President of the High Court Advocates' Association Brijesh Trivedi in seeking an adjournment in a 2011 PIL, observing that manner in which he acted indicated that he was trying to misuse his position as the elected President of the Bar for "creating his nuisance value in the Court".A division bench of Chief Justice...