Railway Administration Has Statutory Right To Re-Weigh Consignment Before Delivery; Presence Of Consignor Not A Pre-Requisite: Jharkhand High Court

The Jharkhand High Court recently allowed an appeal under Railway Claims Tribunal Act, 1987 observing that the Railway Authority has the statutory right to re-weigh the goods before delivery. Further, the same may be done in the absence of the consignor, as it will be highly impracticable to detain the consignment until the representative of the consignor arrives. Justice Gautam...

Spouse Refusing To Accord Divorce On Mutual Consent Despite Being Convinced That Marriage Failed Amounts To Cruelty : Kerala High Court

No one can force another to continue in a legal tie if the relationship deteriorated beyond repair, the Court observed.

Assigning Share In Profit In Partnership Firm Different From Constituting A Sub-Partnership: Gujarat High Court

There is a fine distinction between a case where a partner of a firm assigns his/her share in favour of a third person and a case where a partner constitutes a sub-partnership with his/her share in the main partnership, the Gujarat High Court has held.The observation was made by a bench of Justice JB Pardiwala and Justice Nisha Thakore while hearing a Writ Petition filed by a...

Advocate General Not Obligated To Resign When CM Resigns: Patna High Court Dismisses Plea Seeking Removal Of AG

The Patna High Court has observed that there is no obligation upon the Advocate General of a state to submit his resignation on the resignation of the Chief Minister with Council of Minister or on the expiry of the term/dissolution of the Legislative Assembly. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar observed thus while dismissing a Writ plea seeking removal of Bihar's...

30% Medical Disability May Be Regarded As Functional Disability If Job Involves Movement: Jharkhand High Court In MACT Appeal

The Jharkhand High Court has held that when the claimant is a nurse whose work involves considerable movement, then a 30% medical disability due to knee injury can be regarded as a functional disability of the claimant. Thus, enhancing the compensation awarded by the Motor Accident ClaimsTribunal, Justice Gautam Choudhary noted,"The claimant is a nurse whose work involves considerable...

'Public At Large Cannot Be Put To The Whim & Fancy Of Recalcitrant Directors': Calcutta HC Upholds Disqualification Of Directors U/S 164(2) Of Companies Act

The Calcutta High Court on Friday observed that the provisions for disqualification of directors due to non-filing of balance sheets and annual returns as envisaged under Section 164(2) and Section 167(1) of the Companies Act, 2013 is aimed at ensuring probity and the highest standard of governance in both private and public companies. Justice Rajasekhar Mantha was adjudicating upon a...

Offensive FB Post About Goddess Saraswati: Calcutta HC Directs Sharing Of URL Details With Facebook India To Authorise Removal, Orders Impleadment Of Alleged Offender

The Calcutta High Court on Monday directed the petitioner to immediately share the URL details of an alleged offensive post about Goddess Saraswati with the authorities of Facebook India in order to authorise the removal of such an offensive post. The Court also directed the petitioner to take appropriate steps to implead the alleged offender as a party in the instant proceedings. A...

Presumption Of Innocence In Favour Of Accused Strengthened Upon Acquittal; 'Special Reasons' Must For Interference In Appeal: Gujarat HC

The Gujarat High Court has reiterated that presumption of innocence in favour of an accused is strengthened upon acquittal by the trial Court.The Bench comprising Justice Rajendra M Sareen observed,"in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him under the Fundamental Principle of Criminal Jurisprudence that...

'Will Leave No Stone Unturned To Render Justice At Grassroot Levels': Justice Munishwar Nath Bhandari Assumes Office As 32nd Chief Justice Of Madras HC

While addressing the members of the bar after assuming office as the 32nd Chief Justice of Madras High Court, Justice Munishar Nath Bhandari remarked that he is cognizant of the problems faced by advocates, judicial officers and staff at all levels. He also pledged to leave no stone unturned to see that justice is rendered even at the grassroots levels.The Chief Justice was replying to...

All High Courts Weekly Roundup [07 February- 13 February, 2022]

Allahabad High Court 1. UP Power Corporation EPF Scam: Allahabad High Court Grants Bail To Prime Accused Parveen Kumar Gupta Case title - Parveen Kumar Gupta v. State Of U.P.Thru C.B.I./A.C.B. Lucknow Case citation: 2022 LiveLaw (AB) 37 The High Court granted bail to the former General Manager of Uttar Pradesh Power Corporation Limited and prime accused in the Corporation's EPF...

'We Are Of The View That Such A Petition Cannot Be Maintained': Calcutta HC Reserves Judgment in PIL Seeking Removal Of WB Governor Jagdeep Dhankhar

The Calcutta High Court on Monday reserved judgment in the Public Interest Litigation (PIL) petition praying for a direction to the Central government to remove Jagdeep Dhankhar as the Governor of West Bengal, claiming that he was acting as the 'mouthpiece of the Bharatiya Janata Party'. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj orally observed, "We...

Plea Before Kerala High Court Accuses State Electricity Board Of Illegally Creating Massive Financial Liabilities On Consumers

A Public Interest Litigation (PIL) has reached the Kerala High Court alleging that the Kerala State Electricity Board is running on heavy loss due to its unjustified salary structure which is thereby causing the liability to be passed on to the consumers.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly on Monday admitted the PIL filed by Kerala High Tension &...