Interest On Delayed Payment Of Gratuity Mandatory, Not Discretionary: Gujarat High Court Reiterates

The Gujarat High Court has reiterated that there is a clear mandate on the employer under the provisions of Section 7 to the Payment of Gratuity Act, for payment of gratuity within time and to pay interest on the delayed payment of gratuity. In light of the above, the Bench of Justice Biren Vaishnav directed the Sardar Patel University to pay Rs. 10 lakhs towards gratuity of the Petitioner,...

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Court exercising contempt jurisdiction cannot test correctness or otherwise of the order or give additional direction or delete any direction. "While dealing with an application for contempt the Court cannot traverse beyond the order, non-compliance of which is alleged. In other words, it cannot say what should not have been done or what...

Insolvency And Bankruptcy Code Is Not For Money Recovery Proceedings: Supreme Court Reiterates

The Supreme Court bench comprising of Justice Dinesh Maheshwari and Justice Aniruddha Bose in the case of Invest Asset Securitisation and Reconstruction Pvt. Ltd. versus Girnar Fibres Ltd. reiterates that the provisions of insolvency and bankruptcy code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. Invest...

Allahabad HC Directs SP To Procure Educational Documents Of Girl Selected As SI In UP Police From Father Who Opposed Her Love Marriage

The Allahabad High Court on Wednesday ordered protection for a married couple who had a love marriage against the wishes of the family of the girl.In view of the fact that the Girl has been selected for the post of Sub Inspector in the U.P. Police, however, her father was not providing her the original education documents, the Court directed the S.P., Moradabad to procure all documents from...

Rajasthan Judicial Service: High Court Dismisses Widow's Plea Seeking Horizontal Reservation In ST Category

The Rajasthan High Court has dismissed a widow's challenge to the validity of the category-wise merit list prepared after preliminary examinations for recruitment to the post of Civil Judge (Junior Division) and Judicial Magistrate in the Rajasthan Judicial Services.The Petitioner was aggrieved over her non-inclusion by giving benefit of horizontal reservation as widow in ST...

Breaking: Madras High Court Rejects Election Petition Challenging Udhayanidhi Stalin's Victory

Madras High Court on Thursday allowed a petition filed by Actor and Chepauk-Thiruvallikeni MLA Udayanidhi Stalin to reject an election petition filed by one R. Premalatha challenging his victory in the 2021 elections. Justice V Bharatidasan while passing the orders observed that Udayanidhi Stalin had given details regarding the 22 criminal cases pending against him and that there was no...

Mere Payment Of Advance At Time Of Entering Into Lease Would Not Inure To The Benefit Of Tenant: Andhra Pradesh High Court

The Andhra Pradesh High Court recently dismissed the Second Appeal filed by the tenant as it did not find any need to interfere in the finding of the trial Court, passing the order of eviction over non-payment of rent. The court ruled that mere payment of advance amount at the time of entering into lease would not inure to the benefit of tenant. Tenant at the most is entitled to recover...

Delhi High Court Stays Reopening of Income Tax Assessment Keeping In View The Credentials Of BHEL

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has stayed the reopening of income tax assessments, keeping in view the credentials of Bharat Heavy Electricals Limited (BHEL).BHEL, the petitioner, has challenged the order issued under Section 148A(d) and the notice issued under Section 148 of the Income Tax Act of 1961 for the...

Domestic Inquiry Report Not Compulsory For Initiating Proceeding U/S 12 Domestic Violence Act: Gauhati High Court

Gauhati High Court has recently observed that Domestic Inquiry Report is not compulsory for initiating proceeding under Section 12 of Protection of Women from Domestic Violence Act 2005. Justice Rumi Kumari Phukan observed that whether such domestic violence was inflicted upon the respondent no.2/wife, is not a subject matter of trial and such matter cannot be decided in...

Elephant Poaching In Western Ghats: Madras High Court Constitutes Special Investigation Team

The Madras High Court on Wednesday directed constitution of Special Investigation Team (SIT) comprising of Central Bureau of Investigation (CBI), state police and Forest Department officials to probe into cases relating to elephant poaching and other forest crime reported in the western ghats area. The court further directed the SIT to commence investigation by May 15 and to submit a...

Continued Employment In Public Service Projects For Several Years Creates Rights On Employees: Madras HC Directs State To Frame Regularization Scheme

The Madras High Court has recently held that when a competent authority/government makes an appointment to an unsanctioned post and when the employee has been engaged in such public service project for long years, the Government cannot turn a blind eye to these employees and say that they have no right for regularisation. The court also directed the State Government to formulate schemes...

Criminal Proceedings Of Private Nature Can Be Quashed U/S 482 Even If Trial Has Concluded In Conviction: Gujarat High Court

The Gujarat High Court recently quashed a FIR and the order of conviction passed in a matrimonial dispute, observing that the offences involved were of non-serious and private nature.The Bench comprising Justice Ilesh Vora quashed the FIR registered under Sections 498(a), 323, 294(b), 506(1) and 114 of the Indian Penal Code read with Section 3 and 7 of Dowry Prohibition Act 1961 and set...