Supreme Court Monthly Digest: January 2022 [Citation: 2022 LiveLaw (SC) 1 To 2022 LiveLaw (SC) 106]

1. Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme CourtCase Title: Union of India v. Manju AroraCitation: 2022 LiveLaw (SC) 1The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to...

Second Appeal U/S 24 TN Recognised Private Schools (Regulation) Act Available For Even Minor Alterations Of Service Conditions: Madras HC

Madras High Court has recently observed that the second appeal under Section 24 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 is not restricted to the dismissal, removal or reduction in rank or termination of appointment alone.The single-judge bench of Justice S.M Subramaniam has categorically stated that the appeal remedy before the tribunal under Section 24 extends to...

Permitting 50% Capacity In Cinemas But Only 50 Wedding Guests Discriminatory: Nagpur Banquet Owners Association Moves Bombay High Court

The Bombay High Court on Friday issued notices to the Maharashtra Government, Collector and Municipal Commissioner of Nagpur on a plea alleging discrimination against wedding hall owners by restricting the number of guests to just 50 in Nagpur District. The petition filed by Mangal Karyalaya & Lawn Association alleges that while guests at social gatherings are...

UP Court Grants Bail To Maulana Umar Gautam In Religious Conversion Case

A Local court of Uttar Pradesh on Thursday granted bail to Maulana Umar Gautam in a case registered against him under the UP 'Anti Love Jihad' Law for allegedly pressurizing a teacher in a school to convert her religion.The bail order has been passed by an Additional Sessions Judge, Fatehpur, Rajendra Singh (IV) while noting that the offence alleged is said to have been committed in the...

"An Unborn Baby Was Killed": MP High Court Issues Contempt Notice To Prosecutrix For Obtaining Abortion Order Allegedly By Filing False Rape Case

The Madhya Pradesh High Court, Gwalior Bench recently issued Contempt of Court notice to a Prosecutrix and her father for allegedly filing a false rape case and under that pretext obtaining Court's permission for medical termination of her pregnancy. Justice G.S. Ahluwalia was essentially dealing with a bail application moved by the Applicant accused U/S 363, 343, 376, 376 (2)(n),...

'Siphoned Off Funds Of RHFL To Other Financially Weak Promoter Group Companies': SEBI Bars Anil Ambani, Reliance Home Finance Ltd From Securities Market

The Securities and Exchange Board of India on Friday (February 11) barred Reliance Home Finance Ltd, industrialist Anil Ambani and three other individuals from dealing with the securities market directly or indirectly for allegedly siphoning off funds from the company. The market regulator passed the interim order based on investigation into the loans which were disbursed by RHFL during...

VVIP Chopper Scam | Constitutional Presumption In Favor Of 2018 Amendment To S.45 PMLA, Rigours Of Bail Apply: ED Opposes Christian Michel's Plea In Delhi HC

The Enforcement Directorate on Friday opposed the bail application filed by Christian Michel James, accused in the VVIP Chopper Scam.ASG SV Raju, appearing for the agency before the Bench of Justice Manoj Ohri, argued that the rigours on grant of bail to an accused under the Prevention of Money Laundering Act will apply in this case.Section 45 of PMLA provides two conditions to be fulfilled...

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High Court's order dated June...

Delhi High Court Seeks Status Report On Staffing & Infrastructure To Handle Backlog Of Cases In Central Government Industrial Tribunal

The Delhi High Court has directed Centre to file a status report on the aspect of staffing and infrastructure requirements to handle backlog of cases in Central Government Industrial Tribunal (CGIT). Justice Pratibha M Singh also directed the following aspects to be included in the status report:- Whether the Central Government has contemplated integration of CGIT website with eCourts...

Land Acquisition Act 1894 - Injurious Affection To Property May Stand On A Different Footing From Injurious Affection To Earnings : Supreme Court

While dealing with section 23(1)(iv) of Land Acquisition Act, 1894 ("Act") the Supreme Court has observed that injurious affection to property, in any other manner, may stand on a different footing from injurious affection to earnings.The bench of Justices Hemant Gupta and V Ramasubramanian was considering a civil appeal assailing Bombay High Court's order of modifying the award of the...

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC

In a noteworthy judgment, the Kerala High Court on Wednesday made several important observations on matrimonial cruelty and the scope of revival of condoned matrimonial offences. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas dismissed an appeal filed by a woman seeking to reverse the order of a Family Court which rejected her plea for divorce finding that...

UAPA- Delhi Court Extends Judicial Custody Of Khurram Parvez & Others To Further 40 Days In Alleged Terror Funding Case

A Delhi Court has extended the judicial custody of human rights activist Khurram Parvez and two others namely Muneer Ahmad Kataria and Arshid Ahmad Tonch to further 40 days in connection with an alleged terror funding case. The three are charged under Sections 120B (criminal conspiracy), 121 (Waging, or attempting or abetting to wage war against Government of India), 121A (Conspiracy to...