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Recruitment | Challenge To Marks Barred By Constructive Res Judicata Where Party Accepts Remand On Limited Issue: Gauhati High Court
The Gauhati High Court held that where the issue of award of marks in a recruitment process had already been raised in an earlier writ proceeding but the party had settled for remand to the executive authority on a limited issue, the subsequent challenge to the marks would be barred by constructive res judicata. Chief Justice Ashutosh Kumar, presiding over the case, observed,...
South Delhi Consumer Commission Dismisses Medical Negligence Claim Against Max Hospital; Holds Insurer Liable For Deficiency Over Failure To Provide Repudiation Letter
The South Delhi District Consumer Disputes Redressal Commission, comprising Monika A. Srivastava (President) and Kiran Kaushal (Member), dismissed the complaint against Max Smart Super Speciality Hospital in relation to the allegation of medical negligence. The Commission, however, held United India Insurance Company liable for deficiency in service on account of its failure to...
Congress Leader Pawan Khera Moves Telangana High Court Seeking Anticipatory Bail In FIR By Assam CM's Wife Over Passport Row
Congress leader Pawan Khera has moved the Telangana High Court seeking anticipatory bail in an FIR filed by Assam CM Himanta Biswa Sarma's wife amid allegations related to her holding multiple passports. The matter is listed tomorrow (April 9) before Justice K Sujana. The FIR has been registered under Sections 175(false statement in connection with an election), 35, 36, 318 (Cheating),...
Bombay High Court Restrains Filmmaker Santosh Kumar From Making Defamatory Comments Against Aditya Dhar Over 'Dhurandhar' Script
In a temporary respite for Aditya Dhar, director of the recently released Bollywood film Dhurandhar, the Bombay High Court on Wednesday restrained filmmaker Santosh Kumar from making any comments regarding the film, which could be defamatory. Single-judge Justice Arif Doctor heard the brief submissions of senior advocate Dr Birendra Saraf who represented Dhar and urged the court to pass at...
Assam College Employees Act | Family Pension Available To Employees Retired/Deceased Before 2005, Subject To CPF Refund: Gauhati HC
The Gauhati High Court has held that pension and family pension under the Assam College Employees (Provincialisation) Act, 2005 extend to employees who had retired or died prior to its commencement, and that denying such benefit on the ground of “retrospective” applicability is “an absurd proposition.”Justice Rajesh Mazumdar, presiding over the case, observed, “There is no quarrel...
'Crores Of Public Money Spent': Kerala High Court Directs Audit Of Vigilance Tribunals After Noting Only 5 Cases Disposed Of Annually
The Kerala High Court has ordered the State government to conduct a performance audit of the two Vigilance Tribunals formed under the State Civil Service (Vigilance Tribunal) Rules, after noting that the maximum five cases were disposed off by the tribunal annually while the expenditure incurred exceeded Rs. 1 crore. This the court said executive must remember that public money amounting...
Merely Being Director Or MD Does Not Attract Liability Under Drug And Cosmetics Act Without Specific Allegations: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that merely being a Managing Director or Director of a company does not make a person liable for prosecution under the Drug and Cosmetics Act, 1940, in the absence of specific allegations ascribing a role in the commission of the offence. The Court clarified that the presumption under Section 34 of the Act arises only against the...
S. 27 Evidence Act | Recovery Of Weapon Meaningless Without Proof Linking It To Crime : Supreme Court
The Supreme Court has set aside the murder conviction, after finding that the prosecution's recovery of evidence based on the accused's disclosure statements under Section 27 of the Evidence Act was riddled with inconsistencies, hostile witnesses, and a lack of forensic linkage. A bench of Justice Prashant Kumar Mishra and Justice Vipul M Pancholi observed that mere recovery of the...
CCS Pension Rules | Gratuity Can Be Withheld During Pendency Of Criminal Or Disciplinary Proceedings Against Employee : Supreme Court
The Supreme Court has observed that an employer is entitled to withhold the payment of gratuity to an employee against whom a judicial or disciplinary proceeding is pending. A bench of Justice Prashant Kumar Mishra and Justice Vipul M. Pancholi dismissed an appeal filed by an ex-Himachal Pradesh Road Transport Corporation Clerk, whose gratuity was withheld by the transport corporation because...
