Plaintiff Quoting Wrong Statutory Provision In Application Doesn't Bar Court From Considering It: Delhi High Court

The Delhi High Court recently decided an application that was filed under a wrong statutory provision, stating that quoting a wrong provision does not create a bar or stand in the way of Court considering the application.Justice Suresh Kumar Kait relied on Gotham Entertainment Group LLC & Ors. Vs. Diamond Comics Pvt. Ltd. 2009 SCC OnLine Del 4009 and Nitish Arora vs. State of Delhi,...

Power Of Court To Acquit Accused U/S 256 CrPC Upon Non-Appearance Of Complainant Must Be Exercised Judiciously: Telangana High Court

The Telangana High Court recently ruled that the discretion conferred upon a Court by virtue of Section 256 of Cr.P.C. should be exercised "judiciously".Section 256 CrPC contemplates dismissal on default of complainant. It provides that the Court may, after issuance of summons, if the complainant does not appear, acquit the accused unless for some reason it thinks it proper to adjourn...

Acquittal Not Honourable, Based On Benefit Of Doubt: Chhattisgarh HC Upholds Railway Board's Decision Denying Full Pay For Suspension Period

The Chhattisgarh High Court recently held that in case of acquittal of an employee based on the benefit of doubt, Railway authorities are justified in not granting him full wages during the suspension period.Dismissing the petition filed by one such employee seeking full back wages, Justice Sanjay Kumar Aggarwal observed,"Since the petitioner has been acquitted giving the benefit of doubt,...

Don't Insist On Surrender Of Prisoners Released On Parole; Consider Releasing Prisoners Due To COVID Surge : Supreme Court Directs Kerala Govt

On Friday, the Supreme Court asked the State of Kerala to not insist the prisoners already released on interim bail or parole to surrender when the State is witnessing a surge in the COVID-19 cases. "Please instruct the Government not to take coercive action against persons who are out and even for persons in jail see what you can do to them", a bench led by Justice Nageswara Rao told...

Trade Secrets: Constitution Of 'Confidentiality Club' Depends On Showing Prima Facie Case For Grant Of Ad-Interim Relief: Madras High Court

"Formulation of a confidentiality club cannot be done in a hasty manner merely based on the ipse dixit of the plaintiff... and the plaintiff must necessarily lay a foundation before making such a request", the bench noted.

Calcutta High Court Seeks State Govt's Response On Progress Made In Implementation Of Street Vendors Act

The Calcutta High Court on Friday directed the State government as well as the Kolkata Municipal Corporation to apprise the Court before the next date of hearing about the progress made with regards to the implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. A Bench comprising Chief Justice Rajarshi Bharadwaj and Justice Rajarshi...

Accrued Rights Of Individuals Cannot Be Taken Away By A Prospective Amendment: Telangana High Court

A right once accrued cannot be wiped out by a prospective amendment and the benefits that were acquired under existing rules cannot be taken away by an amendment with retrospective effect, Telangana High Court has held. The observation was made while disposing of a batch of petitions challenging a government order amending the Telangana Police (Civil) Subordinate Services rules because...

ISRO Espionage Case: CBI Seeks Adjournment Of Plea Against Pre-Arrest Bail Granted To 4 Officers; Supreme Court To Hear On Feb 25

The Supreme Court of India on Friday adjourned the hearing of CBI's plea against anticipatory bail granted to officers accused of conspiracy to implicate Nambi Narayanan in the ISRO Espionage case to 25th February. A Bench comprising Justice AM Khanwilkar and Justice CT Ravikumar issued the direction in pursuance of a letter circulated by CBI seeking four weeks' time to file the...

Candidate Expecting A Divorce Decree Can't Seek Reservation Under 'Divorcee Female' Category: Rajasthan High Court

The Rajasthan High Court observed that there is nothing in law that permits a candidate to apply in the 'Divorcee Female' category in the expectancy that a divorce decree would be granted by the Court. A division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed,"For a person, applying in the said category, the status of being divorced was imperative....

No Discrimination When Persons Not Similarly Situated: Gujarat HC Refuses To Extend Govt Employee Benefits To Employees Of Autonomous Body

The Gujarat High Court recently held that the benefits flowing from a Resolution applicable to the State Government employees cannot be automatically claimed by the employees of the autonomous body. The bench comprising Justice A. P. Thaker and Justice N.V. Anjaria discarded the plea of discrimination asserted by the employees of Gujarat State Forest Development Corporation insofar as they...

'Malls Will Start Charging For Their Lift Services Too' : Kerala High Court On Lulu Mall Collecting Parking Fee

The Kerala High Court on Friday reiterated its prima facie view that the collection of parking fees by Lulu International shopping mall is not appropriate. It was adjudicating upon a couple of pleas alleging that the mall collecting parking fees from its customers was illegal.Justice P.V. Kunhikrishnan while adjourning the matter to next month repeated its prime facie stand and directed...

Calcutta High Court Seeks State Response To Plea Seeking Reopening Of Schools & Colleges In WB

The Calcutta High Court on Friday sought response from the State government on a batch of Public Interest Litigation (PIL) petitions seeking reopening of schools and colleges in the State. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the State government to place its stand on record regarding the opening of schools and colleges before the next...