Court In Whose Limits Retired Employee Draws Pension Has Jurisdiction To Hear Plea For Dues, Employer's Convenience Not Relevant: Kerala HC

The Kerala High Court on Monday reiterated that the convenience of the retired employee must be given preference in petitions filed for claiming terminal benefits admittedly due to them. The aforesaid petitions can be moved before the Court having territorial jurisdiction over the place where he belongs to and was receiving pension at. Justice Anu Sivaraman observed,To now require the...

[S.311 CrPC] Statement Made In Cross-Examination Alone Cannot Be Basis To Recall Witnesses: Bombay High Court

A suggestion put by an accused to the complainant during cross-examination doesn't create a right in the complainant's favour to seek his own re-examination under section 311 of the CrPC, especially after he was allowed to testify the first time using the same provision, the Bombay High Court has held. Justice Amit Borkar therefore quashed a Magistrate's order allowing the...

Jharkhand High Court Grants Interim Protection To Chhattisgarh BJP Candidate Brahmanand Netam In POCSO Case

The Jharkhand High Court on Monday directed the State to desist from taking any 'coercive steps' against Brahmanand Netam, BJP candidate in the Bhanupratappur assembly by-election in Chhattisgarh, booked in a case involving serious sexual offences under Sections 376B, 376(2)(a)(i), 376D, 366A & 370 of the IPC along with Sections 4 and 6 of the POCSO Act.The case reportedly involves...

Is Bangalore International Airport Ltd A 'Public Authority' Under RTI Act? Karnataka HC Asks State Information Commission To Decide Afresh

The Karnataka High Court has directed the State Information Commission to decide afresh whether the Bangalore International Airport Limited (BIAL) is a public authority within the meaning of Section 2(h) of the Right to Information Act. A bench of Justices Alok Aradhe and S Vishwajith Shetty allowed the appeal preferred by BIAL against a single judge's order which upheld the...

Vivek Agnihotri Tenders Unconditional Apology Before Delhi High Court For Remarks Against Justice Muralidhar

Film Director Vivek Agnihotri has tendered an unconditional apology before the Delhi High Court for his remarks against Justice S. Muralidhar in respect of the judge's order quashing the order of house arrest and transit remand of activist Gautam Navlakha in the Bhima Koregaon case.The court had initiated suo motu criminal contempt proceedings in the matter in 2018. A division bench of...

Mother's Choice & Quality Of Unborn Child's Life Deciding Factors For Final Decision: Delhi High Court On Termination Of Pregnancy With Fetal Abnormalities

The Delhi High Court on Tuesday ruled that ultimate choice in the pregnancy cases involving fetal abnormalities is of the mother and emphasised that the medical boards in such cases must give qualitative reports."In conclusion, the Court holds that the ultimate decision in such cases ought to recognize the choice of the mother, as also, the possibility of a dignified life for the unborn...

[Arbitration & Conciliation Act] Proceedings U/S 9 Interim In Nature, Not Meant For Enforcement Of Conditions Of Contract: JKL High Court

The Jammu and Kashmir and Ladakh High Court on Monday ruled that final relief cannot be granted under Section 9 of the Arbitration and Conciliation Act, 1996 as proceedings under the said provision are of interim measure and are not meant for enforcement of the conditions of the contract, which can be done only when the rights of the parties are finally adjudged or crystallized by...

Search And Seizure Does Not Give Jurisdiction To Court To Order Return Of Articles When Investigation Is Held In A Different Place: Madras High Court

The Madras High Court has held that when the investigation is being carried out in a different place, the court does not have territorial jurisdiction to order the return of seized articles even though the search and seizure were carried out within its territorial limits. Justice PN Prakash and Justice RMT Teekaa Raman were hearing a plea seeking to return the "illegally" seized...

Merit List Not A Reservoir For Future Appointments: Orissa High Court Dismisses Plea Filed With 15 Yrs Delay

The Orissa High Court has held that a 'select/merit list' cannot be deemed to be a 'reservoir' for the purpose of appointments. While denying appointment to a candidate who approached the Court, 15 years after publication of the select list, a Single Judge Bench of Justice Sangam Kumar Sahoo placed reliance on the following observations made by the Supreme Court in State of...

Kerala High Court Directs Police To Ensure Safety Of Archbishop Andrews Thazhath

The Kerala High Court on Monday directed the Station House Officer, Central Police Station, Ernakulam, to ensure adequate protection of Archbishop Andrews Thazhath, apostolic administrator of Ernakulam-Angamaly Archdiocese of the Syro-Malabar Church, in case of any "overt acts" against his life.The order was passed in the archbishop's petition seeking police protection for his safety as well...

[NDPS Act] Investigating Officer's Request For Extension Of Time Not Substitute For Report Of Public Prosecutor: Madras High Court Reiterates

While allowing a criminal revision petition and granting statutory bail to a petitioner in a NDPS case, the Madras High Court observed that even if the investigating agency has filed an application seeking an extension of time for completing the investigation, the public prosecutor has to file a separate report, showing that he had applied his mind and was satisfied...

DV Act | Breach Of 'Monetary Relief' Order Can't Be Prosecuted Under Section 31, Penalty Attracted Only For Violation Of Protection Orders: Kerala HC

The Kerala High Court on Monday reiterated that the penalty provided under Section 31 of the Protection of Women from Domestic Violence Act would attract only for the breach of the protection orders passed under Section 18 of the Act and in case of violation of any other order passed under the 2005 enactment, the provisions of CrPC can be resorted to.The breach of a protection order passed...