Oral Complaint Can't Substitute Requirement Of Written Compliant For Conducting Inquiry Under POSH Act: Kerala High Court

The Kerala High Court has held that oral complaints given by an employee alleging sexual harassment to various authorities cannot be a substitute for a written complaint for carrying an inquiry under Section 11 of the Prevention of Sexual Harassment at Workplace Act.In the facts of the case, the local level committee constituted under Section 6 of the Act initiated the inquiry based on...

Unauthorized Absence From Service, Sufficient Ground For Dismissal, Tripura High Court Upheld Employee's Termination

A single judge bench in the High Court of Tripura, composed of Justice T Amarnath Goud ruled that the petitioner's unauthorized absence was a sufficient ground for his termination from the service as he was given sufficient opportunities to respond. Background facts of the case The petitioner (Employee) was appointed as a deputy secretary in the Tripura board of secondary education....

Pension Rules Prevailing When Voluntary Retirement Is Sought Apply To Govt Officer, Not Rules As On Expiry Of Notice Period: MP High Court

The Indore bench of the Madhya Pradesh High Court recently held that in cases of voluntary retirement, the Pension Rules as on the date of application of voluntary retirement shall be applicable and not the Rules prevailing on the date of expiration of the notice period of the government servant.A single judge bench of Justice Vijay Kumar Shukla observed, “In case of voluntary retirement of...

'Unfortunate': Allahabad HC Questions UP Govt For Stationing State Forces In Education Institution Buildings For Magh Mela

Last week, the Allahabad High Court expressed its concerns over the Uttar Pradesh government's recent decision to requisition the buildings of educational institutions in Subedarganj (Prayagraj) to station state forces to meet any mishap on account of the upcoming Magh Mela. The Magh Mela is one of the greatest annual religious affairs for Hindus. It is held annually in the city...

Kerala High Court Extends Waqf Board's Term Until Election Process Initiated By State Concludes

The Kerala High Court recently extended the term of the state Wakf Board–whose term was set to expire on December 14–until the election initiated by the state government for the constitution of the board is concluded.The Division Bench of Justice Amit Rawal and Justice Easwaran S ordered thus: “we further issue a direction that the term of the elected body of the Board which is going...

Karnataka State Law University Has Autonomy To Regulate Its Revaluation Process: HC Rejects Student's Plea Against Evaluation Standards

The Karnataka High Court has dismissed an appeal filed by a Law student challenging an order of the single judge which rejected his petition questioning the re-valuation standards adopted by the Karnataka State Law University.In doing so the court underscored that in absence of any provision under the University's regulations which provide for revaluation beyond the process already...

Borrowers Breaching Terms & Conditions Of OTS Scheme Cannot Seek Direction From Court To Compel Bank To Honour Obligations: Kerala High Court

The Kerala High Court has held that borrowers who breach the terms and conditions of the One Time Settlement (OTS) Scheme, cannot be permitted to seek directions from the Court to compel the bank to honour its obligations under the OTS Scheme.The present appeals were filed by the State Bank of India, aggrieved by the orders in the writ petitions where benefits under the OTS Schemes were given...

Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court

Justice Sugato Majumdar of the High Court at Calcutta, while dismissing an application under Order XVIII Rule 17 read with Section 151 of CPC, 1908, ruled “Unexplained lethargy and long delay in production of document which is otherwise available cannot be cured at this belated stage. Therefore, it is not a fit case where the instant application should be allowed.”The judgment emanates from...

In Era Of Cut-Throat Competition, Candidate Obtaining Employment Through Fake Marksheets Can't Claim Equity: Rajasthan High Court

Rajasthan High Court has rejected the petition filed against order of the Rajasthan Rajya Vidhyut Utpadan Nigam Ltd. (“Respondent”) wherein petitioner's appointment was cancelled, on the grounds that the MBA degree based on which the appointment was obtained was fraudulent and false.The bench of Justice Dinesh Mehta further rejected the prayer of the petitioner to regularize his...

Delhi High Court Stays BCI's Decision Removing AAP's Legal-Chief Sanjeev Nasiar As BCD Vice Chairman

The Delhi High Court has stayed the decision of Bar Council of India (BCI) removing Advocate Sanjeev Nasiar from the post of Bar Council of Delhi (BCD) Vice Chairman, pending completion of an inquiry into authenticity of his law degree.Justice Sanjeev Narula passed the order on a plea filed by Nasiar challenging BCI's resolution passed on December 7 and listed the matter for hearing next...

No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case

Upholding an order dismissing a father's plea seeking termination of his daughter's over 24-week pregnancy who was allegedly trafficked and raped, the Jaipur bench of the Rajasthan High Court took suo motu cognizance of the issue noting that there was no obligation in law on the State to apprise a sexual assault survivor of her right to termination.In doing so the court observed that delay...

After High Court Nudge, Telangana Govt Constitutes State-Level Committees To Monitor Food-Safety Standards In Preparation Of Mid-Day Meals

Following incidents of multiple students being hospitalized after consuming mid-day meals provided in government-run schools between the 20th-26th of November, the Telangana High Court was on Thursday informed that the State government has taken steps to ensure adherence to food safety standards.Additional Advocate General appearing for the State informed that apart from the committees that...