Sexually Harassing In Open Spaces Like Mall & Office Highly Improbable: Karnataka High Court

The Karnataka High Court has quashed a sexual harassment complaint lodged by an employee against her manager three days before her work contract with the private company was to end.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Delivery Center Manager of M/s Mindtree Company Limited and quashed the prosecution against him initiated under section 354 (A) and...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-IV

Q.16 Is the above decision in Union of India v. Thamisharasi reported in (1995) 4 SCC 190 applicable to offences under the Kerala Abkari Act?Ans. Yes. Section 37 of the NDPS Act is pari materia with Section 41(A) of the Kerala Abkari Act. (See Muraleedharan v. State of Kerala – (2001) 4 SCC 638 = AIR 2001 SC 1699 – K. T. Thomas, R. P. Sethi – JJ.)Q.17 Is an under-trial prisoner who...

Old Pension Scheme: Plea In Bombay High Court Seeks Withdrawal Of Maharashtra Govt Employees' Strike, Hearing On Friday

A lawyer has approached the Bombay High Court against the indefinite strike by State Government Employees - paramedics, sanitation workers and teachers - who are demanding implementation of the Old Pension Scheme (OPS). The matter was mentioned before the bench of Acting Chief Justice SV Gangapurwala and Sandeep Marne by Advocate Gunratan Sadavarte in a 2014 PIL. The bench has agreed...

Andhra Pradesh High Court Quashes Direction To Bank To Freeze Firm's Accounts Citing Non-Compliance With Procedure U/S 17(1A) PMLA

The single bench of Justice Ravi Nath Tilhari of Andhra Pradesh High Court has quashed the direction to freeze the bank account of a partnership firm accused under PMLA (The Prevention of Money-Laundering Act, 2002) on the ground that the order was not passed under Section 17 (1A) and consequently due compliance was not made.Section 17 provides that where an authorized officer has reason...

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court

The Telangana High Court on Monday reiterated that the revisional Court has no jurisdiction to set aside the findings of facts recorded by a subordinate Court and substitute its own findings.A single bench of Justice Juvvadi Sridevi said revisional Court has to confine itself to the legality and propriety of the findings of the subordinate Court as to whether the subordinate Court acted...

2018 Contempt Case: Delhi High Court Directs Filmmaker Vivek Agnihotri To Remain Present In Court On April 10

The Delhi High Court on Thursday directed filmmaker Vivek Agnihotri to remain present before it on April 10 in the 2018 suo motu criminal contempt proceedings initiated against him and several others for remarks against Justice S. Muralidhar. In 2018, Agnihotri allegedly made allegations of bias in a tweet against Justice Muralidhar, former judge of the High Court and present Chief Justice...

Trespasser Having No Jural Relationship With State Can't Insist On Procedure For Eviction Under Public Premises Act: Kerala High Court

The Kerala High Court recently held that a rank trespasser has no recognition under law as far as illegal occupation of a public premise is concerned, and that the Court cannot accord such person with some sort of protection regarding the illegal use of the premise.The Court in this case was dealing with a rank trespasser who was an occupant of a room in Greater Cochin Development...

Only Drama Ongoing Since 75 Yrs, Basic Needs Not Met: Karnataka High Court Pulls State Over Lack Of Burial Grounds In Villages

The Karnataka High Court on Thursday slammed the State government over lack of burial grounds in certain villages. A division bench of Justice B Veerappa and Justice Venkatesh Naik T orally remarked, “This is basic needs, people want basic needs, burial ground and road and water. This is your duty, Constitutional mandate, why are you not doing?”It added,“Only drama for 75 years we...

IBC- Resolution Professional Entitled To Take Control Of Corporate Debtor's Rights In Assets Licensed To Third Parties : Supreme Court

The Supreme Court has held that a resolution professional is entitled to take control of the rights of a corporate debtor in assets which are licensed to third parties. Such an action of the RP will come within the ambit of Section 25 of the Insolvency and Bankruptcy Code 2016.A Bench comprising of Justice V. Ramasubramanian and Justice Pankaj Mithal held that the assets owned by a...

Dissenting Secured Creditor Can't Be Treated Higher Than Other Creditors U/S 53 Just Because They Enjoy Security Interest: NCLT Kolkata

The National Company Law Tribunal, Kolkata Bench, comprising of Shri Rohit Kapoor (Judicial Member) and Shri. Balraj Joshi (Technical Member), while adjudicating an Application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) in ICICI Bank Limited Vs Mr. Pratim Bayal (Resolution Professional)& Anr has reiterated that just because a creditor...

Tejashwi Yadav To Appear Before CBI In Delhi On March 25, Central Agency Tells Delhi High Court Arrest Not On Cards

The Central Bureau of Investigation on Thursday told the Delhi High Court that it will not arrest the Bihar Deputy Chief Minister Tejashwi Prasad Yadav if he appears before the agency in Delhi this month on any Saturday.The submission was made before the bench of Justice Dinesh Kumar Sharma in response to Yadav's petition challenging the summons issued to him by CBI asking him to appear at...

Facilitating Question Paper Leak In Competitive Exam More Heinous Than Murder: Jammu & Kashmir HC Refuses Bail To BSF Officer In SI-Recruitment Scam

The Jammu and Kashmir and Ladakh High Court on Wednesday rejected the bail application of a BSF officer, alleged to be the main accused in the J&K Service Selection Board Police sub-inspector recruitment scam case observing that grant of bail in economic offences which affect a larger section of the society on the mere fact that the offence with which an accused is charged does not carry...