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Calcutta HC Asks Legislature To Consider Introducing Provisions In Electricity Act, 2003 For Payment Of Compensation For Death/Injury Caused By Electrocution
The Calcutta High Court on Tuesday called upon the legislature to immediately introduce specific provisions in the Electricity Act, 2003 (2003 Act) regarding payment of compensation to victims of injury, death or damage to property caused by electrocution or to their next of kin. The Court also observed that the legislature should also consider providing for a dedicated hierarchy of forums...
Allotting 7.5% Medical Seats For Govt School Students Not Reservation But Institutional Preference : TN Govt Tells Madras High Court
In a plea challenging the constitutionality of the State Act providing horizontal reservation of 7.5 per cent seats in medical colleges for students passing out of government schools, the State Higher Education Department submitted that the impugned Act cannot be treated as 'communal reservation'.In the written submissions to the bench, Senior Counsel P. Wilson contended that the allocation...
Avoid Shortcut Approach In Judgments; Courts Must Adjudicate All Issues : Supreme Court
The Supreme Court observed that the courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved.Adopting a shortcut approach and pronouncing the judgment on only one issue, would increase the burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous...
"Public Organisations Must-Have Regard For Livelihood Of Persons In Armed Forces": Gujarat HC Imposes INR 50,000 Fine On ONGC For Exclusion Of Ex-serviceman From Job post
The Gujarat High Court has imposed a fine of INR 50,000 on Oil and Natural Gas Corporation Limited while holding as follows; "since it prima facie appears that the exclusion of the petitioner was not by an accident and further, in any case, the respondent organization, more particularly, being a Public Sector Undertaking under the Government of India was required to act fairly,...
Supreme Court Faults HC For Granting Compensation For Medical Negligence In PIL Without Hearing Treating Doctors
The Supreme Court recently set aside Allahabad High Court's order directing the State of Uttar Pradesh to pay a compensation of Rs 25,00,000/- on a finding of gross medical negligence on the part of doctors of S.R.N. Medical College which had resulted in the death of a 25 years old man.A bench of Justices UU Lalit, S Ravindra Bhat and PS Narasimha set aside the order dated November 14, 2019...
Bar U/S 362 CrPC Is Not Absolute; Court Has Inherent Jurisdiction To Recall Order For Securing The Ends Of Justice: Orissa High Court
The Orissa High Court has recently held that bar under Section 362 is not absolute and the same cannot be strictly applied to 'recall of orders' which are obtained through playing fraud upon the Court. While recalling an order which was obtained through misrepresentation of dates, a Single Judge Bench of Justice Sashikanta Mishra held, "The position that emerges from a reference to...
'Police Totally Inactive, People At Mercy Of Goons': PIL Filed In Calcutta High Court For CBI/NIA Probe Into Rampurhat Violence
A Public Interest Litigation (PIL) petition has been filed in the Calcutta High Court on Tuesday seeking an investigation by either the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA) into the incident of Rampurhat violence that erupted in the State of West Bengal. Shortly after the alleged murder of a Trinamool Congress deputy panchayat chief at Bogtui village...
Delhi Court Summons Rajya Sabha MP Subramanian Swamy In Defamation Case By BJP Leader Tajinder Pal Singh Bagga
A Delhi Court on Tuesday summoned Rajya Sabha MP Subramanian Swamy in a defamation complaint filed by BJP leader Tajinder Pal Singh Bagga over a tweet, claiming it to be false and defamatory in nature. ACMM Dharmender Singh was of the view that there were sufficient grounds for proceedings against Swamy. Accordingly, the Court ordered thus:"In view of allegations made in complaint, testimonies...
Using Recycled Bottles Of Another Manufacturer Results In Infringement & Passing Off: Delhi High Court Rules In Favour Of 'BUDWEISER'
The Delhi High Court has restrained the owner of trademark 'BLACK FORT' and 'POWER COOL' from manufacturing or selling under the trademark 'BUDWEISER' in recycled bottles, or in any other manner, in respect of beer manufactured and sold by it. Ruling in favour of Anheuser-Busch LLC, owner of trademark 'BUDWEISER', Justice Pratibha M Singh was of the view that the use of recycled 'BUDWEISER'...
Order Allowing Review Petition Must Be Speaking & Reasoned Order As To What Was The Error Apparent On The Face Of Record: Supreme Court
The Supreme Court observed that an order allowing a review petition should be a speaking and reasoned order as to what was the error apparent on the face of the record."Merely stating that there is an error apparent on the face of the record is not sufficient. It must be demonstrated.", the bench comprising Justices MR Shah and BV Nagarathna observed.In this case, the Division Bench of the...
'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction
A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for...