Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court

The Andhra Pradesh Court vide order by Justice R. Raghunandan Rao recently ruled that where an allegation of fraud is made, the said allegation would have to be proved beyond any reasonable doubt. Brief Facts of the case The Petitioner had constructed a multi storied commercial complex in the suit schedule property under a development agreement with APSRTC. The petitioner provided...

Service Law- An Employee Cannot Seek Protection Against the Dispensation of Services If He Attained The Employment by Fraud: Punjab and Haryana High Court

An employee cannot seek protection against the dispensation of services if he has attained the employment by fraud, giving forged documents, and misleading the hiring committee, specifically when his employment was offered to him based on such forged documents and he had also been afforded ample opportunity to make his case, Punjab and Haryana High Court has held. A bench of Justice...

A Reliable Testimony Of An Injured Witness Holds Weight Even In The Face Of Procedural Irregularities For Conviction Under S. 307 IPC: Delhi High Court

The Delhi High Court vindicated the case of the State upholding S. 307/324 IPC (attempt to murder/voluntary causing hurt by dangerous weapons) Conviction after confirming the reliability of the testimony of the injured witness. Appellant's objections to procedural irregularities such as non-examination of public witness and non-recovery of the weapon of offense by the prosecution...

Delhi High Court Weekly Round Up: January 31 To February 6, 2022

ORDERS/ JUDGMENTS OF THE WEEK1. Arbitral Award Is To Be Executed At A Place Where Judgment Debtor Resides, Carries Business Or Has Assets: Delhi High CourtCase Title: Continental Engineering Corporation v. Sugesan Transport Pvt Ltd.Citation: 2022 LiveLaw (Del) 59The Delhi High Court recently dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act by...

Wages Under the Employees Compensation Act, 1923 Includes Privileges That Can Be Measured Monetarily: Jharkhand High Court

The Jharkhand High Court has held that wages under the Employees Compensation Act, 1923 include privileges or benefits that can be measured in terms of money, such as food allowance, etc. Justice Gautam Choudhary noted, "From the above definition of wages, it is manifest wages includes any privilege or benefits which is capable of being estimated in money. It has come in evidence that...

Version Of "Sterling Witness" Should Be Unassailable: Gauhati High Court

The Gauhati High Court held that the version of sterling witness is of very high quality and calibre and therefore, requires it should be unassailable while hearing a criminal appeal against the conviction of the appellant by the Special Court under section 4 of the POCSO Act, 2012.Sterling witness as defined in Rai Sandeep v. State (NCT of Delhi) (2012) 8 SCC 21 is a witness whose version can...

'Black Fungus Can't Be Considered As Pandemic', Rajasthan HC Disposes PIL Seeking Compensation To Next Kin Of Deceased Died Due To Covid & Black Fungus

A division bench of Rajasthan High Court, Jaipur observed that Black Fungus infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic. Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, while refusing to give any direction on the plea, observed: "An issue of providing compensation for victims...

Sabka Vishwas Scheme - Enquiry Initiated After Deadline Will Not Bar Filing Of Voluntary Disclosure: Bombay High Court

The Bombay High Court has ruled that initiation of investigation by the Goods and Services Tax authorities after June 30, 2019 – deadline for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) – cannot be a bar for the authorities to consider a declaration filed by a party under the SVLDR scheme.In a judgment last month, a division bench of Justices RD Dhanuka and SM...

No Embargo In Treating Testimony Of A Child Witness As The Sole Basis For Conviction: Punjab And Haryana High Court

Stating that statutorily, there exists no prohibition on child witnesses to depose in criminal or civil cases, except when the child does not understand the questions put to them, the Punjab and Haryana High Court has observed that when a child fully understands the questions and can provide answers regarding the same, rationally, then the testimony of a child witness can be the sole...

Case Of Fabrication of Documents Can't Be Quashed Saying There Is No Revenue Loss To State: Supreme Court

The Supreme Court recently set aside the High Court's order which gave an effect to the reasoning that fabrication of documents was permissible if it did not cause loss to the revenue. The bench of Justices SK Kaul and MM Sundresh was considering a criminal appeal assailing Andhra Pradesh High Court's order dated November 9, 2011. While setting aside the order, the bench...

Employee Of Border Roads Organization Has No Fundamental Right To Claim Deputation To Any Other Organization Or Dept Like NHAI: Delhi High Court

The Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation or Department like National Highways Authority of India (NHAI).A bench comprising of Justice Manmohan and Justice Navin Chawla added that since an employee of Border Roads Organisation has to work primarily in the said Organisation, he has only...

No Frustration Of Contract Due To Mere Commercial Hardships Caused By Pandemic: Kerala High Court

The Kerala High Court has recently ruled that the occurrence of a commercial difficulty or hardship to perform a contract is not an excuse to back out from contractual obligations which the parties had agreed to in the first place. A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar while dismissing a petition, observed that merely because the pandemic has made...