Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not on mere "disobedience".According to the Court,...

YouTuber Alleges Google Violated IT Rules 2021 While Terminating His Accounts: Delhi High Court Seeks Centre's Stand

The Delhi High Court on Tuesday issued notice on a plea moved by a YouTuber, claiming to have more than 1 million subscribers, against Google for not complying with the provisions of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 while terminating his two channels. Justice V Kameswar Rao sought response of Centre and Google while posting the matter...

Adequacy Of Court Fees Has To Be Decided By Joint Registrar, Independent Of Any Objections Recorded By Registry: Delhi High Court

The Delhi High Court has said that it is incumbent on the Joint Registrar to consider the question of adequacy of court fees filed by a party, independent of any objections recorded by the Registry in that regard. "It is underlined that when an objection as to adequacy of Court Fees is raised, it is incumbent upon the learned Joint Registrar to consider the question independently of...

Reimbursement Of Medical Expenses By State: Kerala High Court Grants Relief To Govt Employee's Father Undergoing Treatment At Private Hospital

The Kerala High Court on Monday ruled that under the Kerala Government Servants Medical Attendance Rules, the State was obliged to reimburse the government servants if they or their family undergoes medical treatment in recognised hospitals, either private or government. While setting aside a Government communication rejecting the petitioner's claim for reimbursement, Justice Murali...

Appears To Be Dishonest Adoption Of Plaintiff's Trademark: Delhi High Court Grants Interim Protection To Owner Of "Baazi" Games

In a case concerning alleged trademarks infringement, the Delhi High Court granted an ad-interim injunction against the Defendants under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 unjustifiably using the trademarked word "Baazi" for its gaming services. Adjudicating on the argument of the Defendant regarding the descriptive nature of...

Delhi High Court Seeks Status Report On Filling Up Of Vacancies In CGIT-1, Rouse Avenue Court

Noting that the process of filling up of vacancies was still underway in Central Government Industrial Tribunal-1, present at city's Rouse Avenue Court Complex, the Delhi High Court has sought a status report to be filed disclosing the vacancy position in the Tribunal. Justice Pratibha M Singh granted four weeks time to the Central Government for filing of the said status report. The...

Legislature Cannot Protect Actions Taken Under An Unconstitutional Law By Enacting A Saving Clause: Supreme Court

The Supreme Court on Tuesday observed that legislature cannot infuse life into a legislation, which it itself recognised as unconstitutional, by enacting a saving clause. The bench of Justices LN Rao, BR Gavai and BV Nagarathna was considering special leave petitions challenging the Manipur High Court's order of striking down the Manipur Parliamentary Secretary (Appointment, Salary and...

Calcutta High Court Directs CBI To Not Arrest TMC MP Abhishek Banerjee's Secretary During Appearance In WB Coal Scam Probe

The Calcutta High Court on Tuesday directed the Central Bureau of Investigation (CBI) to not arrest Sumit Roy, secretary to All India Trinamool Congress MP Abhishek Banerjee, during his appearance before the agency in the ongoing investigation the alleged coal scam in West Bengal. The CBI had issued a notice dated January 25, 2022 to Roy, directing him to appear before the...

Delhi High Court Calls For Expeditious Appointments In COVID Bed Facility At Indira Gandhi Hospital To Enable Regular Functioning

The Delhi High Court on Tuesday called for expeditious regular appointments to be made in the Covid bed facility at Indira Gandhi Hospital in order to enable it's regular functioning. The Bench of Justice Vipin Sanghi and Justice Jasmeet Singh was apprised by Senior Advocate Rahul Mehra appearing for Delhi Government that a proposal for additional 1855 posts was rejected by the...

Loss Of Ability To Perform Work Undertaken By Workman Prior To Accident Qualifies As 100% Loss Of Earning Capacity: Bombay High Court

In a recent case, the Bombay High Court reiterated that the work that a victim was performing before the accident has relevance to the determination of the question as to whether he is permanently incapacitated to perform the work. In the case, the applicant-respondent suffered an accident due to which he had to undergo evisceration of the right eye. The Labour Commisisoner under...

Solicitor General Opposes Reinstatement of Resigned Woman Judge Who Made Sexual Harassment Complaint Against HC Judge; Supreme Court Reserves Judgment

On Tuesday, the Supreme Court continued hearing arguments in a plea filed by a woman Additional District Judge (ADJ) of Madhya Pradesh - who raised sexual harassment complaint against a then sitting MP HC judge - seeking reinstatement into service on the ground that her resignation was due to coercive circumstnaces. Solicitor General of India, Mr. Tushar Mehta, appearing for the...

Gujarat High Court Quashes Income Reassessment Notice Issued To Partner Not Deriving Any Remuneration From Firm

The Gujarat High Court recently set aside the income re-assessment notice issued by the Income Tax Department to the partner of a firm, holding that there is no reason for taxing the remuneration from the capital account of the partnership firm since the partner had agreed not to derive any income thereof.The Bench comprising Justice JB Pardiwala and Justice Nisha M Thakore noted that...