All High Courts
Gauhati HC Allows Plea By Riflemen Challenging 'Break In Service' Due To Discharge Based On Unsubstantiated Claims Of Not Being Medically Fit
The Gauhati High Court has recently allowed a writ petition over the issue of treatment of appointment from the initial year of 2001, filed by six Rifleman (GD) of Assam Rifles who were discharged from service in 2001 on the ground that they were medically unfit during their basic training.A single-judge bench of Justice Sanjay Kumar Medhi observed:“……this Court is of the considered opinion that the claim of the petitioners to hold their appointment from the year 2001 appears to be justified as...
Court Cannot Interpret Conditions Of Advertisement Contrary To Plain Language Of The Same: Bombay High Court
A Division bench of the Bombay High Court comprising of Justice A.S. Chandurkar and Justice Jitendra Jain while deciding a Writ Petition in the case of Ashok Mallinath Halsangi & Ors vs State of Maharashtra & Ors has held that the court in the garb of judicial review cannot sit in the chair of appointing authority to decide what is best for the employer and interpret the conditions of the advertisement contrary to the plain language of the same. Background Facts The State of...
Interpretation Of Agreement By Arbitrator Cannot Be Interfered Merely Because Another View Could Have Been Taken: Himachal Pradesh High Court
The Himachal Pradesh High Court bench of Justice Satyen Vaidya held that in case the interpretation of the relevant clause of agreement as arrived at by the Arbitrator was possible and plausible, the same cannot be interfered with merely because another view could have been taken. The bench referred to the decision of the Supreme Court in UHL Power Company Ltd. versus State of Himachal Pradesh, 2022 LiveLaw (SC) 18 and held that the jurisdiction of the court under Section 34 of the...
Breaking: Delhi Court Defers Framing Of Charges Against BJP MP Brij Bhushan Singh In Sexual Harassment Case By Women Wrestlers
A Delhi Court today deferred order on framing of charges against BJP MP and former WFI Chief Brij Bhushan Singh in the sexual harassment case filed against him by women wrestlers.Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot of Rouse Avenue Courts said the order will now be pronounced on May 10 as there were some final changes to be made in the order and it was not ready today.Last month, the judge had dismissed Singh's application seeking further investigation in the case...
[APSC Cash-For-Jobs Case] Gauhati High Court Upholds Order Changing Status Of Suspended APS Officer Sukanya Das From Witness To Accused
The Gauhati High Court recently upheld an order of the Special Judge by which the status of the suspended APS officer Sukanya Das was changed from a witness to an accused in the APSC cash for job case under various provisions of the Prevention of Corruption Act, 1988 and IPC.The single judge of Justice Mridul Kumar Kalita observed:“There is nothing in the impugned order which shows that the learned Special Judge has taken cognizance of offence, under Section 5 of the Prevention of Corruption...
Proper Recourse Against Arbitral Proceeding Under MSMED Act Is Application u/s 18(3) Of MSMED Act Or u/s 16 Of Arbitration Act: Delhi High Court
The Delhi High Court division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held that the proper recourse against proceedings under the MSMED Act is to file an application under Section 18(3) of the MSMED Act or Section 16 of the Arbitration Act. Further, the bench held that in case an award has been passed, then the proper recourse is to file objections under Section 34 of the Arbitration Act. Section 18(3) of MSMED Act: “(3) Where the...
Accused Can't Plead Guilty To Get Lesser Sentence, Court's Should Not Give Concessions Or Adopt Liberal Approach Due To Guilty Plea: Kerala High Court
The Kerala High Court held that an accused cannot be imposed with a lesser sentence merely because he appeared before the Court through his counsel and pleaded guilty. The Court stated that punishment imposed upon the accused should find a balance between the offence committed and the injury suffered by the victim.Justice P Somarajan set aside the Trial Court's order by which a sentence of fine was imposed upon the accused. The Court remanded the matter back to the Trial Court for fresh...
Potential Of Misleading Unwary Customers By False Claims Of Affiliation: Delhi High Court Grants Interim Injunction In News Eighteen Group Trademark Dispute
The Delhi High Court has issued an ex-parte ad-interim injunction order in favor of E-Eighteen.com Ltd, a subsidiary of the Network18 group, in a trademark dispute suit. Justice Sanjeev Narula presiding over the case, observed, “Defendants No. 1 to 21 are unauthorisedly using the Plaintiff's registered mark “moneycontrol” and other formative trademarks, on the pretext of providing financial investment services, in an attempt to mislead and confuse the public regarding the source of these...
Pepper Spray A Dangerous Weapon, Can't Be Used For Private Defense When There's No Imminent Threat Or Danger Caused To Life: Karnataka High Court
The Karnataka High Court refused to quash a criminal case against C Ganesh Narayan, the Director of C.Krishniah Chetty & Company Private Limited and his wife accused of using pepper spray on the complainant who along with other security personnel is alleged of attempted to interfere with the petitioners' property.A single judge bench of Justice M Nagaprasanna dismissed the petition and said “The 2nd petitioner could not have used pepper spray as private defence, as prima facie there was no...
Allegations Of Irregularities In Disciplinary Proceedings Must Be Substantiated With Evidence: Allahabad High Court
Recently, while hearing a writ petition pending since 1998, the Allahabad High Court has held that by merely alleging irregularity during a disciplinary procedure, petitioner cannot evade responsibility to show that prejudice has been caused to him. The Court held that the disciplinary proceedings cannot be set aside on mere apprehension or likelihood of causing prejudice to the delinquent employee.“Prejudice de facto should not be based on a mere apprehension or even on a reasonable suspicion....
Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority.A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was charged under Section 376(2)(n) of IPC and Sections 5(L), 5(n), 5(j)(2), 6, 20 and 21 of POCSO Act, 2012. It was alleged that the petitioner/accused and...
Appointment Of Receiver Not A Matter Of Right, But Discretionary Relief Which May Be Ordered When Court Deems It 'Just And Convenient': Telangana HC
The Telangana High Court has reiterated that the appointment of 'Receiver' under Order XL Rule 1 is not a matter of right, but a discretionary relief that may be ordered by the Court, where the Court deems it to be 'just and convenient.'The order was passed by a Division Bench comprising Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka in a Civil Miscellaneous Appeal, filed by the appellant (plaintiff in the original suit) challenging the order of the trial court, declining to appoint...