Appeal Under Section 30 Of Workmen's Compensation Act Not Maintainable In Absence of Framing Any Substantial Question of Law: Rajasthan High Court

Rajasthan High Court has recently ruled that appeal under Section 30 of the Workmen's Compensation Act, 1923 is not maintainable in absence of framing any substantial question of law. Justice Anoop Kumar Dhand, while dismissing the appeal, observed, "I do not find any ground to call for any interference on the factual findings recorded by the learned Commissioner. Since no...

Unregistered Agreement Can't Be Enforced Under Employees Compensation Act To Seek Higher Compensation: Bombay High Court

An unregistered agreement between an employer and employee cannot be enforced to seek more compensation than what is already prescribed for cases of disability under the Employees Compensation Act 1923 (ECA), the Bombay High Court held. "Section 29 thus reinforces the principle that compensation is required to be paid in accordance with provisions of the Act, 1923, save and except in...

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench

The Calcutta High Court on Thursday referred to a larger bench the legal issue as to whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) at the behest of a juvenile is maintainable. A Bench comprising Justice Arijit Banerjee and Justice Bivas Pattanayak was adjudicating upon an application for anticipatory bail sought by four minors accused...

COVID-19: Subordinate Courts, Special Courts & Tribunals In Rajasthan To Continue Functioning Only Through Virtual Mode Till January 29

In view of the prevailing situation and spread of Covid-19, the Rajasthan High Court has decided to continue the functioning of all Subordinate Courts, Special Courts & Tribunals only through virtual mode till 29 Jan, 2022. As per the circular, the aforesaid step was taken for the safety and security of all concerned. The circular reads, "In view of the prevailing situation...

Orissa High Court Directs State Bar Council To Hold Election Within 6 Weeks On The Basis Of Existing Electoral Roll

The Orissa High Court recently directed the Odisha State Bar Council to hold its 'long overdue' election within 6 weeks on the basis of the existing electoral roll and not to wait for the ongoing verification process of electoral rolls to get completed.Essentially, the Bench of Justice Arindam Sinha was hearing a plea filed by the 2 ex-official bearers of Odisha State Bar Council, who...

Magistrate Can 'Monitor' An Investigation In Exercise Of Power U/S 156(3) CrPC: Allahabad High Court

The Allahabad High Court has observed that the Magistrate has the power to monitor investigation in the exercise of his power under Section 156(3) Cr.P.C.The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed thus while referring to Supreme Court's 2016 ruling in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage, (2016) 6 SCC 277, wherein it was explicitly...

Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her

While taking a lenient view, a Division Bench of Rajasthan High Court reduced sentence awarded to an 82 year old woman charged under 498A IPC to the period already served by her which is nearly two and half months. Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "We are of the view that as appellant Sayari has already attained the age of 82 years, the sentences awarded...

Approval Of COC Is Not Mandatory When Seeking Exclusion Of Time Under Regulation 40C. NCLAT

The NCLAT in a Bench comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member) in the case of Indiabulls Housing Finance Limited v. Sandeep Chandna, differentiating between 'exclusion' and 'extension' of time under IBC held that the approval of the Committee of Creditors is not mandatory when seeking exclusion of time in view of Regulation 40C...

Disposal of Case Not Our Agenda, Have To Ensure That Parties Get Justice: Madhya Pradesh High Court

Deciding two separate requests by trial court judges seeking extension of time to conclude the trials, the Chief Justice of High Court of Madhya Pradesh observed that - "Even if there is a little bit of delay in the trial, it's alright. At the end of the trial the parties must feel, they must be convinced that justice has been done." The division bench comprising of Chief Justice...

COVID: Gujarat High Court Issues SOP For Functioning Of Subordinate Courts In State From Jan 24 Till Further Orders

To ensure that there is no congregation in the court complex and to avoid the spread of Covid-19 in the court complexes, the Gujarat High Court today issued a Standard Operating Procedure (SOP) for the functioning of subordinate courts in the state with effect from January 24 till further orders.It may be noted that in view of the fact that a large number of Covid-19 positive cases are...

Delay In Constitution Of State Consumer Welfare Fund Is A Violation Of Statute, Causing Inconvenience To Public At Large: Delhi High Court

The Delhi High Court has observed that the delay in constitution of State Consumer Welfare Fund is a violation of the statute which is causing inconvenience to the public at large. Perusing the status report as well as the correspondence exchanged between the Delhi Government and the Centre, Justice Manmohan and Justice Navin Chawla observed thus:"…it seems that none of the parties is...

Lok Adalat Cannot Adjudicate Disputes Relating To Offences If No Settlement Is Arrived At: Bombay High Court

In a significant judgement explaining the interplay of the Legal Services Authority Act, 1987 and the Electricity Act, 2003 a single-judge bench of the Bombay High Court noted that where a dispute brought before the Permanent Lok Adalat amounts to a compoundable offence it can be entertained by the Permanent Lok Adalat for the purpose of effecting a conciliation and settlement. But...