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Punishment Of Compulsory Retirement For Accepting ₹50 Bribe Disproportionate: Karnataka High Court
Almost 18 years after an employee of the State government was subjected to compulsory retirement for accepting a bribe of Rs. 50, the Karnataka High Court recently held that the punishment imposed on the petitioner is shockingly disproportionate to the nature and gravity of the offence. It thus set aside the order of compulsory retirement issued in the year 2004. A division bench...
Railway Administration Has Statutory Right To Re-Weigh Consignment Before Delivery; Presence Of Consignor Not A Pre-Requisite: Jharkhand High Court
The Jharkhand High Court recently allowed an appeal under Railway Claims Tribunal Act, 1987 observing that the Railway Authority has the statutory right to re-weigh the goods before delivery. Further, the same may be done in the absence of the consignor, as it will be highly impracticable to detain the consignment until the representative of the consignor arrives. Justice Gautam...
Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court
"It would be unrealistic and illogical to assume that while this Court has provided for exclusion of period for institution of the suit, but the period for filing written statement, if expired during that period, has to operate against the defendant."
Assigning Share In Profit In Partnership Firm Different From Constituting A Sub-Partnership: Gujarat High Court
There is a fine distinction between a case where a partner of a firm assigns his/her share in favour of a third person and a case where a partner constitutes a sub-partnership with his/her share in the main partnership, the Gujarat High Court has held.The observation was made by a bench of Justice JB Pardiwala and Justice Nisha Thakore while hearing a Writ Petition filed by a...
Advocate General Not Obligated To Resign When CM Resigns: Patna High Court Dismisses Plea Seeking Removal Of AG
The Patna High Court has observed that there is no obligation upon the Advocate General of a state to submit his resignation on the resignation of the Chief Minister with Council of Minister or on the expiry of the term/dissolution of the Legislative Assembly. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar observed thus while dismissing a Writ plea seeking removal of Bihar's...
30% Medical Disability May Be Regarded As Functional Disability If Job Involves Movement: Jharkhand High Court In MACT Appeal
The Jharkhand High Court has held that when the claimant is a nurse whose work involves considerable movement, then a 30% medical disability due to knee injury can be regarded as a functional disability of the claimant. Thus, enhancing the compensation awarded by the Motor Accident ClaimsTribunal, Justice Gautam Choudhary noted,"The claimant is a nurse whose work involves considerable...
'Public At Large Cannot Be Put To The Whim & Fancy Of Recalcitrant Directors': Calcutta HC Upholds Disqualification Of Directors U/S 164(2) Of Companies Act
The Calcutta High Court on Friday observed that the provisions for disqualification of directors due to non-filing of balance sheets and annual returns as envisaged under Section 164(2) and Section 167(1) of the Companies Act, 2013 is aimed at ensuring probity and the highest standard of governance in both private and public companies. Justice Rajasekhar Mantha was adjudicating upon a...
Offensive FB Post About Goddess Saraswati: Calcutta HC Directs Sharing Of URL Details With Facebook India To Authorise Removal, Orders Impleadment Of Alleged Offender
The Calcutta High Court on Monday directed the petitioner to immediately share the URL details of an alleged offensive post about Goddess Saraswati with the authorities of Facebook India in order to authorise the removal of such an offensive post. The Court also directed the petitioner to take appropriate steps to implead the alleged offender as a party in the instant proceedings. A...
Presumption Of Innocence In Favour Of Accused Strengthened Upon Acquittal; 'Special Reasons' Must For Interference In Appeal: Gujarat HC
The Gujarat High Court has reiterated that presumption of innocence in favour of an accused is strengthened upon acquittal by the trial Court.The Bench comprising Justice Rajendra M Sareen observed,"in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him under the Fundamental Principle of Criminal Jurisprudence that...
Whatever We Decide On EWS Criteria Will Apply To NEET PG 2022-23 Admissions As Well: Supreme Court
The Supreme Court on Monday observed orally that whatever it decides regarding the validity of the Rs 8 lakhs annual income criteria for the Economically Weaker Sections (EWS) quota in the NEET-PG matter will apply to the NEET PG 2022-2023 admissions as well.A bench comprising Justices DY Chandrachud and Surya Kant was hearing a writ petition filed by NEET-PG Candidates seeking clarification...