Employee Can't Be Terminated From Service Despite Conviction By Court In Absence Of Show Cause Notice & Opportunity To Reply: Gujarat High Court

The Gujarat High Court has recently quashed and set aside the order of termination of an employee, who was convicted for corruption, on the ground that he was neither given a show cause notice before such termination nor an opportunity to explain his case.The Bench comprising Justice Biren Vaishnav directed the employer to reinstate the employee to his original post along with...

Court Cannot Grant Additional Time For Acquisition Of Land If Law Does Not Contemplate It: Supreme Court

The Supreme Court observed that the Court cannot grant additional period for acquisition of land if the law does not contemplate any further period for acquisition."The land owner cannot be deprived of the use of the land for years together. Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open-ended for...

Parents Can't Give Consent On Behalf Of Minor Victim To Compromise Sexual Offence: Gauhati High Court Refuses To Quash FIR

The Kohima Bench of the Gauhati High Court has recently held that criminal proceedings in heinous offences like 'attempt to rape of a minor' cannot be quashed on the sole basis of a compromise/settlement entered into by her parents with the accused. A Single Judge Bench of Justice Arun Dev Choudhury observed, "It is also settled that offences which involve moral turpitude and...

Writ Petition By Association Maintainable Only When Court Satisfied That All Members Will Be Bound By Litigation: MP High Court

The Madhya Pradesh High Court recently affirmed the decision of a Single Judge, dismissing a writ petition filed by an Association on the ground that the resolution passed by its members neither specified that the Association was being authorised to file the petition on their behalf nor did it clarify whether the members would abide by the decision rendered in the...

Delhi High Court Grants ₹15 Lakhs Monetary Damages To Owner Of Trademark 'BOAT' Over Seizure Of Counterfeit Products

The Delhi High Court has ordered a total of Rs. 15 lakhs monetary damages to be paid the owner of trademark 'BOAT' over seizure of various counterfeit products based on inspection made by Court appointed Local Commissioners.Justice Pratibha M Singh was of the view that the Defendants had blatantly infringed the trademark and logos as also the packaging of the Plaintiff's products....

Difficulty In Getting Only Mother's Name As Legal Guardian On PAN & Other Documents: Rajasthan High Court Takes Suo Moto Cognizance

The Rajasthan High Court, Jaipur has recently taken suo moto cognizance considering the difficulty faced by an individual in getting only his mother's name as legal guardian on PAN and other documents. The suo moto cognizance was taken by Justice Sameer Jain based on a report published in The Hindu on 08.03.2022 titled, "Want Mother's Name on Documents? Get ready for the runaround"....

Pardoning Power- Article 161 Does Not Give Any Power To Council Of Ministers: Madras High Court

The Madras High Court on Thursday directed the Registry to number the writ petitions filed by Rajiv Gandhi Assassination Case Convict S Nalini for her prerelease without waiting the approval of the Governor and list the same for hearing. The counsel for the Petitioner Mr Radhakrishnan relied on Article 161 and stated that the convict was in prison for a really long time and should...

Writ Petition Is Not A Proper Remedy If There Are Seriously Disputed Questions Of Facts: Andhra Pradesh High Court

In a recent case, a writ petition was dismissed as in the facts of the case there were seriously disputed questions for which evidence was required. The writ petition was filed questioning the inaction of the respondents in not paying the compensation for the acquisition of land. The counsel for the petitioner pointed out that the petitioner was a private trust running...

"Gross Suppression Of Material Facts": Delhi High Court Vacates Ex-Parte Ad-Interim Injunction Granted In Favour Of Kent RO

The Delhi High Court has vacated an ex-parte ad-interim injunction granted in favour of Kent RO System Limited on the grounds of gross suppression and concealment of material facts.Justice Amit Bansal was dealing with a suit filed by Kent RO System Limited claiming that the trademark KENT was adopted by it in the year 1988 in respect of products relating to petroleum conservation. In 1999,...

Assessee's Recourse To Constitutional Provisions Not A 'Proceeding Under Income Tax Act' : Kerala High Court

The Kerala High Court on Thursday ruled that a Special Leave Petition filed by an assessee under Article 136 of the Constitution of India cannot be regarded as a proceeding under the Income Tax Act. Justice Bechu Kurian Thomas held that while an assessment, appellate, and even revisional proceeding qualify as "proceedings under this Act', one instituted under the Constitution did not. "As...

Allahabad High Court To Regularly Hear Gyanvapi Mosque-Kashi Vishwanath Temple Dispute Case From March 29

The Allahabad High Court on Thursday decided that it shall hold regular hearings in the matter related to the Kashi Vishwanath temple-Gyanvapi mosque dispute of Varanasi starting from March 29.The Bench of Prakash Padia ordered thus while holding a hearing on a plea moved by Anjuman Intazamia Masazid, Varanasi last year seeking a stay on the proceedings of the Varanasi court, and also...

Can Arbitrators Fix Their Fee Without Parties' Consent? Is 4th Schedule The Standard Fee Scale? Supreme Court Considers

The Supreme Court on Thursday considered issues relating to the fixation of the arbitrators fees, especially in arbitrations involving Public Sector Undertakings.The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale...