"People Doctor Ratio In India Abysmally Low": Calcutta High Court Upholds Denial Of Voluntary Retirement To Doctor Citing Larger Public Interest

The Calcutta High Court recently upheld an order of the Additional Chief Secretary To State's Health Department which rejected the application of a doctor for voluntary retirement on the ground of larger public interest. While upholding the said order, the division bench of Justice Harish Tandon and Justice Prasenjit Biswas observed: “The health sector being a most important...

'Someone’s Liberty Is At Stake': Kerala High Court Advises Caution While Considering Bail In POCSO Case Against Parent Litigating Child's Custody

The Kerala High Court on Tuesday held that while considering bail applications related to offences under the POCSO Act that involve allegations of child abuse by a parent, courts should approach the matter with great care, especially when there is litigation between parents over the custody of the child. A single bench of Justice Ziyad Rahman while allowing a bail application filed by a...

Hindu Succession Act Will Not Come In Way Of Inheritance By Tribal Women: Madras High Court

The Madras High Court has recently come to the support of tribal women in their struggle for equal succession rights. The court has noted that the Hindu Succession Law does not to exclude tribal women from its operation but only intends to positively include the customs. Clause (2) of Section 2 of the Hindu Succession Act states that the Act shall not apply to the members of the...

Centre Applies Norms Of "Reporting Entities" Under Prevention Of Money Laundering Act To Cryptocurrency Exchanges

The Ministry of Finance has notified that cryptocurrency exchanges will be “persons carrying on designated businesses or professions” within the meaning of Section 2(1)(sa) of the Prevention of Money Laundering Act. This means that crypto exchanges will come within the definition of "reporting entity" within the meaning of Section 2(wa) of the PMLA. As a consequence, crypto exchanges...

Orissa High Court Weekly Round-Up: February 27 To March 5, 2023

Nominal IndexPrangya Paramita Harichandan v. Orissa University of Agriculture and Technology & Ors., 2023 LiveLaw (Ori) 30Amrita Ray v. State of Odisha & Ors., 2023 LiveLaw (Ori) 31M/s. Unideep Food Processing (P) Ltd. v. ITAT, 2023 LiveLaw (Ori) 32Laxmi Sahu v. State of Odisha & Ors., 2023 LiveLaw (Ori) 33Judgments/Orders Reported This Week‘Horizontal Quota’ For A...

[Article 226] Calcutta High Court Intervenes To Provide Undertrial Prisoner's Vakalatnama To Counsel For Seeking Parole For Mother's Shradh

The Calcutta High Court on Monday directed the State to immediately hand over Vakalatnama duly executed by an under trial prisoner to his relatives and/or advocates of an undertrial prisoner.The application was filed by the brother-in-law of the undertrial prisoner under Article 226 of the Constitution of India praying for a direction upon the respondents authorities so that earlier order of...

[Motor Accident] Kerala High Court Adopts Notional Income Of Deceased Child As ₹30,000; Enhances Compensation Under 'Loss Of Dependency'

The Kerala High Court recently enhanced the compensation awarded by a Motor Accident Tribunal under the head of 'Loss of Dependancy' to the parents and sibling of a deceased child, who had been a victim of a motor accident. Justice Devan Ramachandran, relying on various precedents, adopted Rs.30,000/- as the notional income of the deceased child in the present case, and thereby partly allowed...

Brahmapuram Fire | District Collector Should Oversee Implementation Of Solid Waste Management Rules : Kerala High Court

The Kerala High Court on Wednesday observed that Environmental degradation is a "disaster" (within the meaning of the Disaster Management Act) and therefore, the implementation of the Solid Waste Management and Handling Rules, 2016 will be under the District Collector."Whatever is being done henceforth in implementing the Solid Waste Management and Handling Rules, 2016, shall be strictly...

Bar Council of Kerala Appeals Against Interim Order That Restricted Enrollment Fee For Advocates To Rs 750

The Bar Council of Kerala (BCK) has appealed to a division bench of the Kerala High Court against the interim order of a single judge which directed the BCK to not collect more than Rs 750 as enrollment fees from prospective advocates who had petitioned the Court. The Bar Council has stated in its petition that the interim order restricting the enrolment fee to Rs. 750 has virtually stalled...

Brahmapuram Fire | 'Right to Clean Air Basic Human Right' : Kerala High Court Seeks Detailed Plan For Solid Waste Management

The Kerala High Court on Wednesday took note of the plan of action that had been formulated for immediate short term and long term measures for due implementation of the Solid Waste Management and Handing Rules, 2016, by the Additional Chief Secretary, Local Self Government Department; the Ernakulam District Collector; the Secretary of Cochin Municipal Corporation, and the Chairman of the...

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

The High Court of Delhi has held that a petition filed under Section 34 of the A&C Act is not a valid filing if it is filed without or in anticipation of the final approval. The bench of Justice Navin Chawla was dealing with a petition by National Highways Authority of India (NHAI) challenging an arbitration award passed against it, however, admittedly the petition was filed by...

Arbitrator Must Serve Sufficient Notice Before Proceeding Ex-Parte Against Party: Delhi High Court

The Delhi High Court has set aside an ex-parte Arbitral Award on the ground that the Arbitrator failed to issue proper communication to the party before proceeding ex-parte against it and that it failed to make adequate efforts to examine whether the absence of the party was with or without showing sufficient cause. The bench of Justice Chandra Dhari Singh held that under the...