News Updates
Reimbursement Of Medical Expenses By State: Kerala High Court Grants Relief To Govt Employee's Father Undergoing Treatment At Private Hospital
The Kerala High Court on Monday ruled that under the Kerala Government Servants Medical Attendance Rules, the State was obliged to reimburse the government servants if they or their family undergoes medical treatment in recognised hospitals, either private or government. While setting aside a Government communication rejecting the petitioner's claim for reimbursement, Justice Murali...
Appears To Be Dishonest Adoption Of Plaintiff's Trademark: Delhi High Court Grants Interim Protection To Owner Of "Baazi" Games
In a case concerning alleged trademarks infringement, the Delhi High Court granted an ad-interim injunction against the Defendants under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 unjustifiably using the trademarked word "Baazi" for its gaming services. Adjudicating on the argument of the Defendant regarding the descriptive nature of...
Delhi High Court Seeks Status Report On Filling Up Of Vacancies In CGIT-1, Rouse Avenue Court
Noting that the process of filling up of vacancies was still underway in Central Government Industrial Tribunal-1, present at city's Rouse Avenue Court Complex, the Delhi High Court has sought a status report to be filed disclosing the vacancy position in the Tribunal. Justice Pratibha M Singh granted four weeks time to the Central Government for filing of the said status report. The...
Calcutta High Court Directs CBI To Not Arrest TMC MP Abhishek Banerjee's Secretary During Appearance In WB Coal Scam Probe
The Calcutta High Court on Tuesday directed the Central Bureau of Investigation (CBI) to not arrest Sumit Roy, secretary to All India Trinamool Congress MP Abhishek Banerjee, during his appearance before the agency in the ongoing investigation the alleged coal scam in West Bengal. The CBI had issued a notice dated January 25, 2022 to Roy, directing him to appear before the...
Delhi High Court Calls For Expeditious Appointments In COVID Bed Facility At Indira Gandhi Hospital To Enable Regular Functioning
The Delhi High Court on Tuesday called for expeditious regular appointments to be made in the Covid bed facility at Indira Gandhi Hospital in order to enable it's regular functioning. The Bench of Justice Vipin Sanghi and Justice Jasmeet Singh was apprised by Senior Advocate Rahul Mehra appearing for Delhi Government that a proposal for additional 1855 posts was rejected by the...
Insolvency Application Must Meet Threshold As Per Amended S.4 IBC, Though Notice U/S 8 Was Issued Pre-Amendment : Kerala High Court
The High Court of Kerala in a Bench comprising of Justice T.R. Ravi in the case of M/s Tharakan Web Innovations Pvt. Ltd. v.National Company Law Tribunal & Ors. held that the litmus test is whether the default exists as defined in amended Section 4 of the Insolvency and Bankruptcy Code w.e.f. 24.3.2020, increasing the default amount from Rs. 1 Lakh to Rs. 1 Crore, on the date...
Loss Of Ability To Perform Work Undertaken By Workman Prior To Accident Qualifies As 100% Loss Of Earning Capacity: Bombay High Court
In a recent case, the Bombay High Court reiterated that the work that a victim was performing before the accident has relevance to the determination of the question as to whether he is permanently incapacitated to perform the work. In the case, the applicant-respondent suffered an accident due to which he had to undergo evisceration of the right eye. The Labour Commisisoner under...
Gujarat High Court Quashes Income Reassessment Notice Issued To Partner Not Deriving Any Remuneration From Firm
The Gujarat High Court recently set aside the income re-assessment notice issued by the Income Tax Department to the partner of a firm, holding that there is no reason for taxing the remuneration from the capital account of the partnership firm since the partner had agreed not to derive any income thereof.The Bench comprising Justice JB Pardiwala and Justice Nisha M Thakore noted that...
Death Due To Alleged Side Effects Of Covid Vaccine: Doctor's Father Files Plea In Bombay HC, Seeks Rs 1,000 Crore Compensation
A petition in the Bombay High Court filed by the father of a medical student seeks Rs 1,000 crore compensation alleging that his daughter died due to side effects of the Covid-19 vaccine.The respondents in the plea include Covishield vaccine manufacturer Serum Institute of India, its partner Bill Gates along with State and Union Authorities.Petitioner Dilip Lunawat claims that his daughter...
Can't Violate Minor's Fundamental Right To Be Educated For Father's Fraudulent Claim Under RTE Act: Allahabad High Court
The Allahabad High Court has observed that a minor's right to be educated can't be violated on account of his/her father's fraudulent claim under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The Bench of Justice Saumitra Dayal Singh was hearing a writ plea moved on behalf of an 8-year-old, Nikhil Upadhyay, whose name had been struck off from the list...
Successive FIRs: Gujarat High Court Explains 'Test of Sameness' & 'Test of Consequence'
The Gujarat High Court recently delved into the 'Test of Sameness' and the 'Test of Consequence' that are relevant while determining the legality of a 'second FIR'.Second FIR or successive FIR in respect of the same incident or crime is not permissible in law. However, to determine whether the second impugned FIR is based on the same offence and arises out of a different transaction, the...
Marital Rape Exception Has No Rationale Nexus With Objects Of Constitution, Violates Art. 14: Adv Karuna Nundy To Delhi High Court
The Delhi High Court on Tuesday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Advocate Karuna Nundy argued before a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that the marital rape exception is archaic, based on an...