Whose Burden To Prove That Employee Was Not Gainfully Employed After Dismissal?Conflicting Decisions Need Settlement

Whether an employee was gainfully employed elsewhere after dismissal from a workplace is a relevant fact to determine the right of such employee to seek reinstatement and back-wages under the Industrial Disputes Act for wrongful termination of services.Whose burden is it to prove that the employee/workman was not gainfully employed after retrenchment? Whether the employer or the employee?There are conflicting judgments on this point.There are several Supreme Court judgments which hold that...

Section 494 IPC: Second Marriage While Divorce Decree Was Stayed; Appeal Dismissed Later; No Offence Of Bigamy: Kerala High Court

The Kerala High Court has held that if a party enters into a second marriage when the appeal of the decree of divorce of the first marriage is still pending, he/she will not be guilty of the offence of bigamy under Section 494 of the Indian Penal Code if the appeal is subsequently dismissed. While allowing a petition filed under Section 482 of the Code of Criminal Procedure to quash...

Senior Advocate Amar Preet Singh Deol Appointed As The New Advocate General For Punjab

Senior Advocate Amar Preet Singh Deol has been appointed as the new Advocate General of Punjab. A notification in this regard was issued today and which reads thus:"The Governor of Punjab in exercise of the powers conferred under Article 165 of the Constitution of India, is pleased to appoint Shri Amar Preet Singh Deol, Senior Advocate, Punjab and Haryana High Court...as Advocate General for...

No Media Reporting, Public Disclosure Of POSH Case Judgments Without Prior Approval : Bombay High Court Issues Guidelines To Shield Anonymity

These are the first of the kind guidelines issued by a High Court in relation to cases arising out of workplace sexual harassment complaints.

NEET-SS 2021: Last Minute Changes Can't Be Made; Don't Treat Young Doctors Like Footballs - Supreme Court To NMC, NBE

The Court has suggested NBE and NMC to implement the changes from next year and has posted the case next week for further consideration.

COVID Vaccination- Kerala High Court Declines To Grant Interim Stay On Single Judge Decision Allowing Early Administration Of Second Jab

The Kerala High Court on Monday declined to stay the single judge decision allowing early administration of the second dose of COVISHIELD vaccine to the workers of two petitioner companies before completion of the prescribed 84 day-gap.A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly was hearing an appeal preferred by the Central government alleging that by allowing...

Section 53A Of Transfer Of Property Act Not Applicable To A Void Agreement For Sale: Kerala High Court

The Kerala High Court has ruled that Section 53A of the Transfer of Property Act, 1882 is not applicable in respect of an agreement for sale which is void in nature.Justice Anil Kumar while dismissing a second appeal, remarked: "It may be noted that Section 53A of the Transfer of Property Act is applicable only where the contract for transfer is valid in all respects. It must be an...

Delhi Riots- High Court Grants Bail To One In Head Constable Ratan Lal Murder Case, Denies Bail To Other

The Delhi High Court on Monday granted bail to Mohd. Saleem Khan while denying it to Mohd. Ibrahim in connection with murder of Head Constable Ratan Lal and causing head injuries to a DCP during the North-East Delhi riots that rocked the national capital last year. (FIR 60/2020 PS DayalPur). Justice Subramonium Prasad passed the order after reserving it last month. The Court heard at...

ID Act - Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal : Supreme Court

The Supreme Court on September 24 observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory requirement or not is an issue which is to be decided in the facts of each case taking into consideration the entire material on record(National Gandhi Museum v.Sudhir Sharma and others). The Court was dealing with a...

Women Should Demand 50% Reservation In The Judiciary, Not As Charity But As A Matter Of Right: CJI Ramana

Drawing from the ideas of Karl Marx, Chief Justice N.V. Ramana remarked that women of the world must unite because they have nothing to lose but their chains. He observed that women must 'shout with anger and demand 50% reservation', not as charity but as a matter of right. Acknowledging thousands of years of suppression of women, he expressed that it is high time we must realize and reach...

Section 138 NI Act - If Signature On Cheque Is Admitted, Presumption Under Section 139 Will Be Raised : Supreme Court

The Supreme Court convicted the accused noting that accused had not replied to the demand notice and had raised his defence for the first time before the High Court.

Section 17A PC Act - Prior Approval For Investigation Not Necessary When Act Of Public Servant Is Ex-Facie Criminal : Kerala High Court

The Kerala High Court has ruled that for offences like falsification of accounts, breach of trust and misappropriation of funds or acts which are ex facie criminal, no prior approval as prescribed under section 17A of Prevention of Corruption Act is required.Justice Sunil Thomas while dismissing a batch of applications observed:"...it has to be noted that scope of section 17A is...