Display Penal Consequences Of Sexual Harassment, Provide Complaint No.: Orissa HC Gives Last Chance To Centre, State To Comply With S.19(b) POSH Act

The Orissa High Court has given last chance to authorities under both the Union and the State Government to implement the mandate under Section 19(b) of the Sexual Harassment of Women and Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the ‘POSH Act’). The said provision requires all the employers to display at any conspicuous place in the workplace, the penal consequences...

Notice For Blacklisting Must Specify Consequence On Failure To Meet Grounds By Noticee: Allahabad High Court

The Allahabad High Court has held that show cause notice for blacklisting must include the grounds on which blacklisting is being proposed in a clear manner. The Court has held that any action proposed to be taken against the party on failure to meet the grounds, must be mentioned in the notice clearly and unambiguously. A bench comprising of Chief Justice Pritinker Diwaker and Justice...

Prioritise Cases Of HIV Positive Persons : Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV Act

In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).The Court further directed all Courts, Tribunals and quasi-judicial bodies in the country...

Period Of Absence Of Convicted Employee Who Is Later Acquitted To Be Counted Towards Seniority And Subsistence Allowance But Not Backwages: Delhi HC

The Delhi High Court has ruled that the period under which an employee is placed under suspension, cannot be treated as period “not spent on duty” for all intents and purposes. The court remarked that the period can be treated as “not spent on duty” only for the purposes of back wages and not for the purposes of seniority and promotion.The court also said that an employee who is...

State of Chhattisgarh Withdraws Plea Filed in Supreme Court Challenging Section 50 of PMLA and ED's Powers

The State of Chhattisgarh on Wednesday withdrew a writ petition filed in the Supreme Court under Article 32 of the Constitution challenging Section 50 of the Prevention of Money Laundering Act, 2002, and the powers of the Enforcement Directorate (ED) conferred by the anti-money laundering statute. A bench of Justices Sanjiv Khanna and SVN Bhatti was informed today by a counsel appearing for...

Centre Notifies Appointment Of 11 Additional Judges Of Punjab & Haryana High Court As Permanent Judges

The Central government today notified the appointments of following 11 Additional Judges of the Punjab and Haryana High Court as Permanent Judges.(i) Justice Nidhi Gupta(ii ) Justice Sanjay Vashisth(iii) Justice Tribhuvan Dahiya(iv) Justice Namit Kumar(v) Justice Harkesh Manuja(vi) Justice Aman Chaudhary (vii) Justice Naresh Singh @ Naresh Singh Shekhawat, (viii) Justice Harsh...

Deity Not Stripped Of Title To Religious Property Maintained By Local Authority Without Acquisition: Kerala High Court

The Kerala High Court has held that a deity cannot be divested of title to a land owned by it which is used for religious purposes, without a legal process such as acquisition or voluntary transfer. A bench of Justice Anil K Narendran and Justice PG Ajithkumar found that the property in question was used as a Temple road for religious activities and that the title of Deity will not be...

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it is challenged during the proceedings under Section 34(2) of...

NEET-PG 2023: Delhi High Court Issues Notice On Plea Challenging Reduction Of Qualifying Percentile To Zero

The Delhi High Court has issued notice on a plea moved by various doctor candidates against the reduction of the qualifying percentile for postgraduate courses in the NEET-PG 2023 examination to 'zero' i.e. minus 40 marks across all categories. Justice Purushaindra Kumar Kaurav sought a response from the Union Ministry of Health and Family Welfare, National Board of Examination and...

Spouse Suffering From Epilepsy Not Ground For Divorce Under Hindu Marriage Act, It's Not A Mental Disorder: Bombay High Court

Spouse suffering from epilepsy cannot be ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, the Bombay High Court observed and upheld a family court order refusing divorce to a man. A division bench at Nagpur comprising Justices Vinay Joshi and Valmiki Menezes observed,"…the condition of “epilepsy” is neither an incurable disease nor can it be considered a...

Manipur | Supreme Court Raises Concerns Over Delay in Centre's Approval for Chief Justice Appointment in High Court

While expressing renewed concerns on Tuesday over the central government's delay in deciding on various collegium recommendations for the appointment and transfer of judges of constitutional courts, the Supreme Court alluded to the Manipur High Court - 'a sensitive high court' - where the chief justice position lay vacant with the government sitting over the collegium's recommendation to...

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

The Kerala High Court recently laid down that where the Enforcement Case Information Report (ECIR) has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act ('PML Act') shall be dropped and an order issued under Section 17(1A) would not stand. Section 17(1A) empowers an authorized officer to freeze a...