Offence U/S 304-A IPC cannot be quashed on the basis of compromise between Parties : Punjab & Haryana HC [Read Judgment]

To quash the proceedings under Section 304-A solely on the basis of a settlement or compromise arrived at between the accused and the legal representatives is not permissible and militates against all canons of justice, the Bench said.The Punjab and Haryana High Court has held that criminal proceedings against an accused under Section 304 cannot be quashed by invoking inherent powers...

Petition in Kerala HC for speedy disposal of Munsiff-Magistrate Case [Read Petition]

An early posting Petition has been filed before the Kerala High Court, seeking expeditious disposal of the writ appeal, filed before the division bench impugning the select list of Munsiff-Magistrate examinations. It has been alleged that the writ appeal was last posted on 18/12/15 pursuant to an early posting filed earlier, but has not been subsequently listed thereafter.In the petition filed...

Bribe Offer to Kerala HC Judge; Lawyers Forum moves AG seeking Contempt action

A petition has been filed by Indian Association of Lawyers (I.A.L), before the Advocate General seeking sanction to initiate contempt of court proceedings against those who have offered bribe to a Kerala High Court Judge Justice K.T. Sankaaran.As per the petition, it is stated that the attempt to bribe the judge resulted in interference with administration of Justice amounting to contempt...

Army Tribunal upholds the removal of a Muslim sepoy from Military Service for growing beard [Read Order]

The tribunal held that Regulation 665 of the Defense Service Regulations as constitutionally valid.Practice of wearing beard by a Muslim is only desirable and not an integral religious practice; said the Tribunal.The Armed Forces Tribunal (Kochi Bench), has upheld the order of dismissal of a military personnel ,who was discharged from military service for growing his beard, holding it to...

An Employee met with an Accident cannot claim Compensation under both MV Act and Workmen's Compensation Act; Uttarakhand HC [Read Judgment]

Uttarakhand High Court has recently held that a person, who met with accident, in any manner, being an employee, then he may claim compensation under either Motor Vehicles Act or Workmen's Compensation Act but he cannot be at liberty to claim such compensation under both the Acts.Justice Servesh Kumar Gupta has dismissed an Appeal filed by Dalbir Lal who already got the compensation under...

Madras Lawyers protest against Disciplinary Rules

Lawyers from more than 135 Bar Associations in Tamil Nadu and Puducherry have participated in a rally organised by Madras High Court Advocates’ Association in Chennai, demanding the withdrawal of new Amendments introduced by Madras High Court in the Disciplinary Rules under Advocates Act.Last Week the Madras High Court Advocates Association, in a unanimous resolution, has expressed...

Bribe Offer to Judge; Kerala HC Division Bench recuses from hearing COFEPOSA cases

A Division Bench of Kerala High Court comprising of Justice K.T Sankaran and Justice A.Hariprasad has today recused itself forthwith, from hearing Habeas Corpus (preventive detention) matters relating to COFEPOSA cases. The decision was taken after it was found that one of the relatives of an accused, had offered a huge sum as bribe, to one of the Judges, with an alleged attempt to elicit...

A private institution with no financial aid from the Govt cannot be made to fall to the dictates of the Govt; P&H High Court

Punjab and Haryana High Court has declared Section 5(2) and Section 20 of Maharaja Ranjit Singh State Technical University (MRSSTU) Act 2014 as unconstitutional. The Court held that Section 5(2) violates Article 19(1)(c) of the Constitution of India while Section 20 is violative of the provisions of Punjab Technical University (PTU) Act, 1996 itself besides impinging upon the financial...

Art of Living pays Rs 4.75 crore environment compensation to Delhi Development Authority as per NGT Order

Sri Sri Ravi Shankar’s Art of Living Foundation has paid Rs 4.75 crore environment compensation through a demand draft to the Delhi Development Authority, as fine for damage to the Yamuna floodplains during its ‘World Culture Festival’.The payment has reportedly been confirmed by Mr. J.P. Agarwal, Principal Commissioner of Delhi Development Authority.Earlier last week, National...

High Courts Weekly Round-Up

Allahabad High CourtAllahabad High Court recently held that Criminal proceedings are not a short cut for other remedies. Justice Bharat Bhushan quashed the Criminal proceedings under Sections 420 and 406 IPC against the Accused holding that even if all the allegations in the complaint are taken at the face value, the basic essential ingredients of dishonest misappropriation and cheating...

Officials of Service Tax Department can only ‘verify’, not ‘audit’: Delhi HC axes Rule5A (2) of Service Tax Rules [Read Judgment]

Under the garb of the rule making power, the Central Government cannot arrogate to itself powers which were not contemplated to be given it by the Parliament, said the BenchIn an important pronouncement, the Delhi High Court has struck down amended Rule 5A(2) of Service Tax Rules, to the extent that it authorizes the officers of the Service Tax Department, to audit the account of...

Government Issues Draft Guidelines regarding prevention of sexual harassment of women at the workplace

Ministry of Personnel, Public Grievances and Pensions has issued draft Guidelines regarding prevention of sexual harassment of women at the workplace and invited comments from the stakeholders.“The undersigned is directed to say that a need for providing for an appeal to the complainant in allegation of sexual harassment in accordance with the Section 18(1) of the Sexual Harassment of Women...