Stale Claim Cannot Be Revived By A Representation : Supreme Court Sets Aside HC Direction To Reinstate Employee

Holding that a stale claim cannot be revived by a representation, the Supreme Court has set aside a judgment of the Madhya Pradesh High Court which directed the reinstatement of an employee with back-wages.The Court noted that in an earlier proceeding, the High Court had upheld the termination of the services of the employee for misconduct. Fifteen years later, the employee filed a...

BREAKING: Calcutta High Court Directs State Election Commission To Consider Postponement Of 4 Civic Polls For 4- 6 Weeks Amid Covid-19 Surge

The Calcutta High Court vide order dated January 13, 2022, directed the State Election Commission to consider postponing the conduct of the upcoming municipal elections in Siliguri, Chandernagore, Bidhannagar and Asansol for a short period of 4 to 6 weeks in the wake of the 'galloping speed with which the COVID cases are increasing' in the State of West Bengal. A decision in this regard has to...

Kerala Court Acquits Former Bishop Franco Mulakkal In Nun Rape Case [Read Judgment]

The Additional District and Sessions Court in Kottayam on Friday acquitted erstwhile Bishop Franco Mulakkal of the Catholic Church in the nun rape case. Additional Sessions Judge G Gopakumar pronounced the highly-anticipated verdict today morning in the presence of Mulakkal. Advocates B Raman Pillai, C.S . Ajayan, Sujesh Menon, Mahesh Banu. Nibu and Akhil represented Mulakkal in the...

How NEET-MDS Admissions For 2021-22 Were Carried Out Beyond November 20 Deadline? Supreme Court Asks Karnataka

The Supreme Court on Wednesday required the state of Karnataka to explain the circumstances in which it carried out admissions for PG courses in MDS for the 2021-22 session beyond the deadline of 20 November 2021. The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing the writ petition by Maratha Mandals Nathajirao G. Halgekar Institute Of Dental Sciences and Research Centre...

Court Direction To A Parent To Go Abroad With Child While Granting Custody Offends Right To Privacy : Supreme Court

The Supreme Court observed that a court while deciding an issue of child custody cannot direct a parent to leave India and to go abroad with the child."A writ Court while dealing with the issue of habeas corpus cannot direct a parent to leave India and to go abroad with the child. If such orders are passed against the wishes of a parent, it will offend her/his right to privacy", the bench...

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Advocate-on-Record, Mr. P.V. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice...

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

On Thursday (6th January) the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. A bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh set aside the order of the Punjab and Haryana High Court and remitted the matter back for...

Exception For Marital Rape Based On An Outdated Concept Of Marriage Presuming Consent : Amicus Curiae Tells Delhi High Court

The Delhi High Court on Thursday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice...

Taking Custody Of Jewellery For Safety Cannot Constitute Cruelty Under Section 498A IPC: Supreme Court

Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the Indian Penal Code, the Supreme Court observed.In this case, an FIR was filed by the complainant against her husband and in-laws under Sections 323, 34, 406, 420, 498A and 506 of the Indian Penal Code, 1860. Complainant's brother in law (who was employed in Texas in the United States...

Criminalization Of Marital Rape - Taking A 'Constructive Approach'; Invited Suggestions From Stakeholders : Centre Tells Delhi High Court

In what seems to be a change from the stance taken in the initial affidavit in the petitions seeking criminalization of marital rape, the Central Government today informed the Delhi High Court that it is undertaking a consultative process on the issue. Solicitor General of India Tushar Mehta today said that the Centre is considering a "constructive approach" in the...

Strikes And Lockouts

Preventing illegal strikes and lockouts is a key concept both under Industrial Disputes Act, 1947 and in the Industrial Relations Code. Its significance can be understood by the fact that this statement finds its place in the very objectives of the Industrial Disputes Act, alongside maintaining harmony and good relations and well, solving industrial disputes. This article aims to look at...

Article 226 - High Court Should Apply Its Mind To Grounds Of Challenge While Disposing Writ Petition : Supreme Court

While considering a SLP assailing Orissa High Court's order, the Supreme Court recently deprecated the High Court's action of disposing a writ petition without applying its mind to the grounds or challenge of submission.The Orissa High Court had dismissed the petition challenging the Orissa Administrative Tribunal's order by passing the following order, "Heard learned counsel for the parties....