Departmental Proceeding Against Employee Abates With His Death; No One Can Be Substituted In His Place: Patna High Court

The Patna High Court has reiterated that departmental proceedings against a delinquent employee abates with his death and therefore, no one can be substituted in his place to represent him to put forward a defence. While allowing the writ petition claiming family pension, the Single Judge Bench of Justice Harish Kumar observed, “It is settled proposition of law that judicial...

'Premature For High Court To Opine On Tax Evasion' : Supreme Court Sets Aside HC Order Which Quashed Notice Under Section 130 CGST Act

Observing that it was "premature" on the part of the High Court to quash a show-cause notice issued under Section 130 of the Central Goods and Service Tax Act by invoking Article 226 jurisdiction, the Supreme Court recently set aside an order passed by the Punjab and Haryana High Court.The Supreme Court noted that there were allegations about evasion of tax and hence it was premature on the...

FIRs Shouldn’t Be Registered Against Law Students For Posing As Lawyers Before Courts, Counselling Preferable: Delhi High Court

Observing that FIRs should not be registered against law students for posing as lawyers before the courts, the Delhi High Court has said that they should be counselled instead."It is understandable that Presiding Officers take an objection where law interns tend to pose as lawyers, but on the other hand, these law interns, who are merely students, should be counselled, properly informed...

Commercial Courts Act | Pre-Institution Mediation Is A Pre-Suit Legal Drill, Cannot Be Post Suit Exercise: Madras High Court

While rejecting a plaint by Aachi Spices and Foods seeking an injunction restraining Karaikudi Achi Mess from using a trademark name or similar sounding expression in any media, websites and other platforms, the Madras High Court has highlighted that “pre-institution mediation” mandated under Section 12A of the Commercial Courts Act is a pre-suit legal drill and it cannot be ordered as...

Kerala High Court Directs State To Revise Minimum Wages Of Nurses In Private Sector

The Kerala High Court has directed the State government to revise the minimum wage of nurses working in the private sector in the State. The Single Judge Bench of Justice Amit Rawal has directed that the said exercise ought to be undertaken within a period of 3 months. The Court has added that the said decision has to be taken after hearing the submissions of the hospital Management and...

Bihar Liquor Prohibition Act : Supreme Court Expresses Anguish At Delay In Setting Up Special Courts

The creation of special courts for the purpose of trying cases under the Bihar Prohibition and Excise Act, 2016 was ‘a long distance away’, the Supreme Court observed on Monday. A division bench comprising Justices Sanjay Kishan Kaul and Abhay S. Oka was deliberating on the issues of the grant of bail and pendency with respect to the offence of liquor consumption, as well as...

'Yoko' and 'Yokoso' May Have Different Meanings in Japanese, Doesn't Make Marks Dissimilar: Bombay High Court Grants Relief To Yoko Sizzlers

The Bombay High Court has restrained a Pune-based restaurant from using the mark 'Yokoso Sizzlers', observing that prima facie it is deceptively similar to the registered trademark 'Yoko Sizzlers'. Justice Manish Pitale granted interim relief to Yoko Sizzlers in an intellectual property rights suit filed by it against Yokoso Sizzlers."Merely because Yoko and Yokoso have different meanings...

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court

The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘the Act’) to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any...

Supreme Court Refuses To Interfere With HC Stay On Order Saying Cochin International Airport Ltd Falls Under RTI

The Supreme Court on Monday declined to interfere with a Kerala High Court order (Division Bench) staying the effect of a Single Bench order which held the Cochin International Airport Ltd. is a public authority under the Right to Information Act, 2005. A Bench of Justices of Dinesh Maheshwari and Hrishikesh Roy was hearing a petition filed by MR Ajayan, the editor of Green Kerala...

Delhi High Court Notifies Rules For Live Streaming Of Proceedings, Prohibits Unauthorised Sharing Or Recording By Public, Media

The Delhi High Court has notified 'Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022' for “imbuing greater transparency, inclusivity and foster access to justice.”The Rules were notified in the official gazette on January 13. They have been introduced to set up infrastructure and framework to enable live streaming and recording of proceedings.Live...

Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing

The Supreme Court of India on Monday observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled. "Suppose, you've taken away money from thousands of people, swindled. And you say, please grant him anticipatory bail, regardless of the plight of the victims. Maybe, families don't have money with them....

Plea For Abortion : After AIIMS Report About Possibility Of Baby Being Born Alive, Supreme Court Asks ASG To Guide Petitioner

In a plea filed by a 20-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court, on Monday, asked the Additional Solicitor General, Ms. Aishwarya Bhati, to interact with the woman and provide guidance.On the last occasion a bench led by the Chief Justice of India, D.Y. Chandrachud directed AIIMS to constitute a committee to assess if medical termination...