News Updates
Oral Termination Of Workman Violates S.25F Of Industrial Disputes Act: Gujarat High Court Orders Lumpsum Compensation
The Gujarat High Court has recently granted relief to a workman who was terminated from his services via an oral communication, in violation of mandatory provisions pertaining to retrenchment under Sections 25F and 25G of the Industrial Disputes Act, 1947.Justice Vipul Pancholi ordered that the aggrieved workman be paid Rs.2,50,000/- towards lump-sum compensation to Respondent No.1-Workman,...
14 Days Time Limit For Analyzing Sample & Issuing Report U/S 42 Of Food Safety Act Is Mandatory: Madras High Court
The Madras High Court has recently allowed a petition for quashing proceedings under the Food Safety and Standards Act, 2006 observing that the Designated Officer had not sent his recommendations on the food sample within a period of 14 days, as mandated under Section 42 of the Act. Justice K. Murali Shankar observed that the respondent had violated the "mandatory requirement"...
"This Is Not What Article 227 Is Meant For": Delhi High Court Imposes 11K Cost On Party Seeking Expeditious Disposal Of Civil Suit By Trial Court
The Delhi High Court has imposed a cost of Rs. 11,000 on a party seeking directions to the Trial Court to expeditiously decide a civil suit, remarking that the petition was an abuse of process of court. Justice C Hari Shankar said that the petition is a means to try and use the High Court as an avenue to pressurise the trial court in dealing with the matter."This is not what Article 227 of...
Right To Speedy Trial Does Not Protect An Accused From All Prejudicial Effects Caused By Delay: Andhra Pradesh High Court Reiterates
In a recent case, the Andhra Pradesh High Court reiterated that the matter can be remanded back to trial Court for trial of the case even if there is delay and the accused cannot be protected from all prejudicial effects under the right to speedy trial unless actual prejudice has been proved."Its core concern is impairment of liberty. Possibility of prejudice is not enough. Actual...
Order VII Rule 11 CPC | Existence Of Cause Of Action Cannot Be Equated With Merits Of Suit Filed: Delhi High Court
The Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed.Justice Asha Menon was dealing with an application moved under Order VII Rule 11 read with sec. 151 of CPC on behalf of the defendants in a suit seeking rejection of the plaint. The suit was filed for recovery of a sum of Rs.5 crores, by the plaintiff, daughter-in-law of...
YJ Dastoor Resigns As Additional Solicitor General At Calcutta High Court
Additional Solicitor General (ASG) at Calcutta High Court YJ Dastoor has resigned from his post. In a letter written to Law Minister Kiren Rijiju on Monday, he said that he is resigning from the post. However, the letter does not contain any reasons for the resignation. Dastoor had been appointed as the Additional Solicitor General on June 30, 2020 for a period of 3 years. He has been...
Income Tax Reassessment Notice Issued After 4 Years Without Valid Reasons: Chhattisgarh High Court Quashes Notice
The Chhattisgarh High Court bench of Justice Parth Prateem Sahu has quashed the income tax reassessment notice, which was issued after 4 years without stating any valid reason. The petitioner has challenged the notice under Section 148 of the Income Tax Act. According to Section 148 of the Income Tax Act, any income tax computation that has not been recomputed or reassessed will receive...
Orissa High Court Issues Directions To Ensure Nutritional Food, Hygiene And Health Facilities For Jail Inmates
In a significant order, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik of the Orissa High Court has issued certain directions to the Director General, Prisons to ensure food, hygiene and health facilities in all the jails/sub-jails of the State. It has also directed all the District Legal Services Authorities (DLSAs) to inspect the...
There Cannot Be A Deemed Waiver Of Section 12(5) Of The A&C Act By Issuing A Letter To The Opposite Party: Gujarat High Court
The Gujarat High Court has ruled that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act) is waived by the parties, the provisions of Section 12(5) would continue to be attracted. The Single Bench of Chief Justice Aravind Kumar held that there cannot be a deemed waiver of Section 12(5) by merely issuing a letter...
Court Does Not Have Adjudicatory Powers Under Section 27 Of The A&C Act: Bombay High Court
The Bombay High Court has ruled that the Court does not have the jurisdiction under Section 27 of the Arbitration and Conciliation Act, 1996 (A&C Act) to consider the legality of the reasons set out by the arbitral tribunal in its order permitting the examination of a witness. The Single Bench of Justice G.S. Kulkarni ruled that once the arbitral tribunal had formed a prima...
Mumbai Court Extends Anil Deshmukh's CBI Custody Till April 16
A special CBI court in Mumbai on Monday extended the CBI custody of former Maharashtra Home Minister Anil Deshmukh till April 16 in a corruption case. The court also extended the custody of co-accused Sanjeev Palande, Kundan Shinde and dismissed cop Sachin Waze. The Central Bureau of Investigation sought his custody for five more days in the case regarding corruption in transfers and postings...