Gratuity Can Be Forfeited If Employee Terminated For Causing Damage To Employer's Property, Forfeiture Not To Exceed Extent Of Loss: Delhi HC

The Delhi High Court has observed that any employer can forfeit the gratuity of an employee if the employee is terminated for any act or omission or negligence causing any damage or loss to the property belonging to the employer. Justice Pratibha M Singh however added that such forfeiture can only be to the extent of the damage or loss caused, and not beyond that.The Court was dealing with...

Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act

The Gujarat High Court has affirmed the acquittal of an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, on the ground that she was merely accompanying her husband and had no knowledge of contraband being carried in the bag.The Bench comprising Justice SH Vora remarked that her conscious possession as understood under the law does not surface even a reasonable...

'Evidence Of Sexual Assault Victim Need Not Be Tested With Same Amount Of Suspicion As That Of An Accomplice': Calcutta HC Upholds Conviction In POCSO Case

While opining that the sole evidence of a victim of sexual assault is enough to secure a conviction, the Calcutta High Court on Friday observed that the evidence of a victim need not be tested with the same amount of suspicion as that of an accomplice.A Bench comprising Justice Shekhar B. Saraf and Justice Kesang Doma Bhutia observed that the Supreme Court in various decisions have held...

Kerala High Court Restrains 5 BPCL Trade Unions From Participating In Upcoming Nationwide Strike On March 28, 29

The Kerala High Court on Friday restrained five trade unions in the Bharat Petroleum Corporation Limited (BPCL), Kochi, from participating in the nationwide strike called by a joint forum of trade unions which has been scheduled to take place on March 28 and 29.Apart from issuing an interim order, Justice Amit Rawal also issued notice to the respondents in the matter before admitting it....

Negotiable Instruments Act| Person Bound To Face Criminal Trial If Cheque Amount Not Paid Despite Notice & Opportunity To Pay: Delhi High Court

Emphasising that once a person issues a cheque it must be honoured, the Delhi High Court has observed that such a person is bound to face criminal trial and consequences in case the cheque amount is not paid despite issuance of notice and opportunity to pay the said amount. Noting that the Negotiable Instruments Act provides sufficient opportunity to a person who issues the cheque,...

Seal The Shops Selling Banned Plastic Items : Madras High Court Directs Nilgiris District Collector

The Madras High Court on Friday directed the District Collector, Nilgiris to conduct surprise inspection and whenever they find any shop selling banned plastic items, the authorities shall close and seal the shop immediately.Justice V Bharatidasan and Justice N. Sathish Kumar were hearing a batch of pleas concerning the protection of western ghats area.Previously, in 2019, water ATMs...

'Grave Misconduct': Rajasthan HC Imposes 1 Lac Cost On Advocate Who Filed Original Application Without Authorization, Superimposed Sign By Xerox Machine Etc.

The division bench of Rajasthan High Court, Jodhpur upheld the Central Administrative Tribunal, Jodhpur order imposing 1 Lac cost on petitioner-advocate. The court observed that the petitioner-advocate, who in more than one matters, has indulged in filing Original Applications in the Tribunal as well as writ petitions in the High Court and has personally signed the pleadings etc....

Delhi Riots | "Police Had To Play Double Role Of Restorers Of Peace & Investigators": Court On Delay In Recording Witness Statements, Frames Charges

While framing charges against two men in a case relating to the North East Delhi riots of 2020, a city Court has said that it would be a travesty of justice to disregard the statement of witnesses on mere account of delay. It attributed the delay in recording of statements to the "double role" that the Police was forced to play during the riots. The Court noted that the Police were...

Allahabad HC Grants Pre Arrest Bail To Shia Leader Accused Of Ransacking Police Chowkis During Anti-CAA Protests

The Allahabad High Court on Tuesday granted pre-arrest bail to Shia leader Dr. Syed Kalbe Sibtain @ Noori booked under various sections of the Indian Penal Code for allegedly ransacking police chowkis during the Anti-CAA protests that took place in December 2019.The Bench of Justice Krishan Pahal granted bail to Dr. Noori in view of the law laid down by the Apex Court in the case of...

Rajasthan High Court Directs State To 'Intensify' Action To Trace Advocate's Missing Daughters, Govt Constitutes SIT

The Rajasthan High Court was informed by the state that the case of advocate's missing daughters has been transferred to the Special Investigation Team (SIT). The court was hearing the habeas corpus petition filed by Jaipur-based Advocate Avdesh Kumar Purohit, whose two minor daughters have been missing from Lai C. M. Senior Secondary School, Kartarpura, Jaipur since Feb 3, 2022. An...

Mere Use Of Word 'Arbitration' In Agreement Clause Heading Would Not Infer Existence Of Agreement Between Parties To Resolve Disputes Through Arbitration: Delhi HC

The Delhi High Court has observed that the mere use of word 'Arbitration' in the heading in the Clause of Agreement would not lead to the inference that there exists an agreement between such parties seeking resolution of disputes through arbitration.Justice Mukta Gupta referred to a 2014 decision of the Delhi High Court in Avant Garde Clean Room & Engg. Solutions Pvt. Ltd. v. Ind...

Odisha Judicial Service: High Court Turns Down Plea To Relax 'Upper Age Limit'

The Orissa High Court has recently dismissed a writ petition which sought for relaxation in the 'upper age limit' of the Odisha Judicial Service (OJS). A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik held, "In the present case, it has not been found expedient for such relaxation to be extended. It may also be noted that under Rule 41 of the...