Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court

Recently, the Allahabad High Court has held that it is not necessary for an applicant to provide a succession certificate if a nomination exists to their name, while making an application for death-cum-retiral benefits of a deceased government employee.“…once there is a nomination left by the deceased in his service records in favour of a person, who is his wife, there is no reasons for...

Students Have No Locus To File Plea For Affiliation Of A College: Madhya Pradesh HC Expresses Surprise At Law College Not Wanting Recognition

While hearing a plea regarding grant of recognition of a college, the Jabalpur bench of the Madhya Pradesh High Court on Friday (December 13) orally remarked that students had "no locus" to seek affiliation of a college expressing its "surprise" as to why the college was not present before the court seeking recognition.On the last date of hearing i.e. November 13, the counsel for the...

Jharkhand High Court Directs Mandatory Monthly Medical Camps For Elderly Prisoners With Cataract, Diabetes And Hypertension

The Jharkhand High Court has recently directed the Jharkhand State Legal Services Authority (JHALSA)) to organize medical camps for inmates, particularly elderly prisoners suffering from ailments such as cataracts, diabetes, and blood pressure, alongside the monthly legal camps conducted in jails.The division bench comprising Justices Sujit Narayan Prasad and Navneet Kumar directed,...

Burden Of Establishing 'Industry' Status In Employment Dispute On Petitioner: Delhi HC

Delhi High Court: A single judge bench of Justice Girish Kathpalia upheld a Labour Court's award that rejected a worker's claims for reinstatement. It held that the worker failed to prove that Holistic Child Development India (HCDI) qualified as an “industry” within the Industrial Disputes Act, 1947. The court also found no evidence that established an employer-employee...

Madhya Pradesh HC Issues Contempt Notice To Tehsildar For Violating Orders By Allowing Liquor Vend To Operate In 'Sealed' Premises

The Madhya Pradesh High Court on Friday (December 12) while hearing issued a contempt notice to a Tehsildar for wilfully disobeying court's earlier order by allowing a liquor vend to operate in a premises which was supposed to be sealed and vacated.While the court asked the Tehsildar to file an explanation as to why he permitted a liquor vend to open, it however orally said that it seemed to be...

Cops Instructed To Give Priority To Court Proceedings: State Tells Bombay HC After Objections Over "Less Weightage" Given To Court

The Maharashtra Government recently informed the Bombay High Court that the State's Director General of Police would soon be issuing a circular instructing the police officers across the State to take court proceedings 'seriously' and to give it 'priority' over other works.This comes after a division bench of Justices Bharati Dangre and Manjusha Deshpande on December 3, expressed displeasure...

[MV Act] Gauhati HC Sets Aside MACT Order Which Dismissed Claim For Being Barred U/S 166(3), Says Accident Occured Before Section Was Inserted

The Gauhati High Court recently set aside an order passed by the Motor Accident Claims Tribunal, Kamrup by which it dismissed a claim petition filed after six months of the accident for being barred by limitation under Section 166(3) of the Motor Vehicles Act, 1988 (as amended in 2019), on the ground that the amendment to Section 166 of the Act, which includes the insertion of sub-section...

Error In Order Passed By Court In Arbitration Proceeding Can Be Corrected Under Sections 152, 153 Of CPC: Delhi High Court

The Delhi High Court bench of Justice Chandra Dhari Singh has held that any error in an order passed by the court in the Arbitration Proceedings can be corrected under sections 152 and 153 of the CPC provided prejudice is not caused to the other party. Brief Facts The applicant under section 11 of the Arbitration Act filed an application seeking appointment of an Arbitrator...

Person Is Not Prohibited From Being Summoned As Witness Merely Because He Is An Advocate: Kerala High Court

The Kerala High Court has held that merely because a person is an advocate, he is not automatically prohibited from being summoned as a witness.Justice Kauser Edappagath held that prohibition under Section 126 of Indian Evidence Act will apply only to confidential communication made to the advocate by his client.For context, Section 126 of the Indian Evidence Act imposes certain restrictions...

Allu Arjun Arrest: Telangana High Court Grants Interim Bail To Allu For 4 Weeks In Stampede Case

The Telangana High Court on Friday (December 13) granted interim bail for four weeks to actor Allu Arjun who had sought quashing of FIR in connection with a stampede which occurred outside a cinema hall in Hyderabad last week when the actor had an unscheduled visit, in which one woman also died.After hearing the arguments for around two hours Justice Juvvadi Sridevi while dictating the...

Casual Workers Not Appointed Against Valid Sanctioned Post, Can't Be Regularized: Calcutta High Court

A division bench of Calcutta High Court comprising of Justice Debangsu Basak & Justice Md. Shabbar Rashidi held that the casual workers who were not appointed against a valid sanctioned post cannot be appointed on a regular post. Background Facts The appellant was appointed as casual driver on the basis of no work no pay at a fixed remuneration with effect from November 1,...

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court

Rajasthan High Court has accepted the petition by the first wife of a deceased government employee for family pension on the grounds that no valid divorce took place between them since “social divorce” was not recognized by our legal system. In this light, since the marriage with the second wife was not valid as per the Hindu Marriage Act, 1955 (“the Act”), she could not be seen...