Suspension Period Cannot Be Treated 'Wholly Unjustified' In Case Of Partial Exoneration: Gujarat High Court

The Gujarat High Court has dismissed the petition filed by an employee seeking that his period of suspension be treated as 'regular' on the ground that the Petitioner had been charge-sheeted and was only partially exonerated from the charges against him. Justice Biren Vaishnav observed: "Only when an employee is partially exonerated, would the authority need to decide the...

Madras High Court Weekly Roundup: July 4 - July 10, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 281 To 2022 LiveLaw (Mad) 293 NOMINAL INDEX Sankar v. State, 2022 LiveLaw (Mad) 281 Dr G. Selvarajan v. Dr M.S Santhosh and Ors, 2022 LiveLaw (Mad) 282 M/s.Anantham Retail Private Limited Versus State Tax Officer, 2022 LiveLaw (Mad) 283 G.Francis Raja...

'Never In Past, Working Strength Of Judges In Bombay HC Has Fallen So Low' : Advocates Association Urges Law Minister To Fill Up Vacancies

The Advocates Association of Bombay High Court at Aurangabad has sought speedy appointments to the High Court in a letter addressed to the Union Law Minister, with an indirect warning of protests by lawyers if the government doesn't act at the earliest. "The litigants do not know what the exact problem is and who are responsible for inordinate delay in appointment of High Court...

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court

The Delhi High Court has observed that a plaint cannot be rejected under Order VII Rule 11 of the CPC on the basis that the quantum of damages claimed in it cannot be granted.Justice Amit Bansal observed that quantum of damages to be awarded to the plaintiff can only be decided after the trial. Therefore, a trial would be necessary and so, the plaint cannot be rejected on the basis that...

Incessantly Filing Complaints Against Husband & His Family Resulting In Arrest & Damage To Reputation Amounts To Cruelty: Punjab & Haryana HC

The Punjab and Haryana High Court recently allowed the appeal by the husband against the order of the Trial Court wherein his petition under Section 13 of the Hindu Marriage Act, 1955 (HMA) for dissolution of marriage was dismissed.The bench comprising Justice Meenakshi I Mehta held that the respondent-wife has subjected the petitioner to cruelty hence, it would be impossible for...

Gujarat Mining Rules | Locking Of Online ATR Account / Suspension Of Transit Permit Must Be Supported By Reasons In Writing: High Court

The Gujarat High Court has reiterated that under the Gujarat Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, transit permit can be suspended/ locking of online ATR account can be ordered for alleged violations only for reasons to be recorded in writing.Justice AS Supehia observed,"Respondent authorities, at the first instance before locking the ATR account of...

Efflux Of Time Valid Ground To Reject Claim For Compassionate Appointment: Madras High Court

The Madras High Court has observed that a compassionate appointment cannot not be claimed as a matter of right, and only if a person is entitled under the terms and conditions so specified, can the scheme be extended. The court observed that a compassionate appointment is not a regular appointment as no selection is conducted, no suitability or eligibility is tested but the appointment is...

Repeated Sexual Activity With 9 Yr Old Child Not Possible Sans Any Injury In Vaginal/ Genital Area: JKL HC Sets Aside Rape Conviction

Observing that repeated sexual activity on a 9 year old child is not possible without any injury in the vaginal /genital area, the Jammu and Kashmir and Ladakh High Court recently set aside the conviction order of the trial court passed against a rape accused.Finding that the prosecutrix may have been tutored to make the statement for implicating the appellant falsely, the Bench of Justice M....

NCLT Have The Power To Replace Liquidator Under Insolvency And Bankruptcy Code, 2016: NCLT Chennai

National Company Law Tribunal, Chennai (NCLT) comprising of Justice S Ramathilagam and Mr. Anil B Kumar held that the NCLT have the power to replace the liquidator during the liquidation process of a Corporate Debtor under the Insolvency and Bankruptcy Code, 2016. (IBC/Code) NCLT initiated the Corporate Insolvency Resolution Process (CIRP) of Jeypore Sugar Company Limited (Jeypore...

Different Courts Different Orders On Use Of Nets In "Mosquito Prone" Taloja Prison

Just days after a special NIA court allowed an accused in the Antilia Terror Scare Case to use a mosquito net in the Taloja prison, another special court refused the same relief to Sagar Gorkhe and journalist Gautam Navlakha in the Bhima Koregaon – Elgar Parishad Case. Special NIA Judge Rajesh Katariya in the Elgar case, however, directed the Superintendent of Taloja prison to take...

Reopening of IT Assessment By Officer Having No Jurisdiction: Madras High Court Invalidates Proceedings

The Madras High Court invalidated the reassessment procedures on the basis that the reopening of the income tax assessment was conducted by an officer without jurisdiction.The division bench of Justice R. Mahadevan and Justice J.Sathya Narayana Prasad has observed that the ACIT Mumbai, who recorded the reasons for reopening the assessment, has no jurisdiction over the appellant, to issue...

Gujarat Mining Rules | Seized Property Must Be Produced Before Court Along With Written Complaint Within Expiry Of 45 Days: High Court

The Gujarat High Court has reiterated that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and produce the seized properties before the Court on expiry of 45 days from the date of seizure, as specified under Rule 12 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.In the absence of such an...