High Courts
Madras High Court Quashes Proceedings Against Former DGP For Allegedly Forwarding Offensive WhatsApp Message About MK Stalin
The Madras High Court has quashed the criminal proceedings initiated against R Natraj, former DGP and ex-MLA for allegedly forwarding an offensive message about CM MK Stalin in a WhatsApp Group. Justice G Jayachandran was inclined to quash the proceedings after Natraj expressed regret for his conduct and informed the court that he was willing to circulate the affidavit filed...
Uploading Of Empaneled Lawyers' Fee Bills On 'Online Single Window System' Must Be Made Smooth, Without Glitches: Delhi High Court
The Delhi High Court has observed that uploading of fee bills of government empaneled lawyers on the Online Single Window System (OSWS) portal set up by the Delhi Government should be made smooth and without any glitches. “The said system ought to become a model for clearance of fee bills of the lawyers so that substantial paper work of the government officials in various departments may...
Wayanad Landslide: Kerala High Court Holds Full Court Reference To Condole Loss Of Lives, CJ Calls For 'Determination To Build Safe Future'
The Kerala High Court today held a Full Court reference to express condolences for the loss of lives and to show support to the survivors of the landslides in Wayanad, which affected the areas of Mundakkai and Choormala. The death toll from the disaster is nearing 300, with several persons still missing.The Acting Chief Justice A. Muhamed Mustaque expressed his collective solidarity...
Delhi High Court Quashes FIR Against Teacher For Slapping 3-Yr-Old Who Failed To Recite 'ABCD'
The Delhi High Court has recently quashed an FIR against a teacher who allegedly slapped a three-year-old child who failed to recite “ABCD” after the parties entered into a settlement. Quashing the FIR filed by the minor's mother in 2015, Justice Anoop Kumar Mendiratta said that the complainant and the teacher intend to put a quietus to the case which arose over a “minor issue” and...
Relocation Of Liquor Shop Not Violative Of Right To Trade Under Article 19(1)(g): Madhya Pradesh High Court
The Madhya Pradesh High Court has held that the State's directive for the relocation of a liquor shop does not violate the shop owner's right to trade under Article 19(1)(g) of the Constitution as sale and consumption of liquor is not a fundamental right but a privilege, regulated by the State.M/S Himalaya Traders, a partnership firm, initially operated a licensed composite liquor shop...
Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High Court
The Jharkhand High Court has held that awarding unrealistically high maintenance in cases involving individuals employed in the unorganised sector can lead to difficulties in realising the maintenance amount.In the case at hand, an order of maintenance was passed, awarding Rs. 3000/- to the wife of the petitioner and Rs. 1000/- each to his three children. A criminal revision petition was...
Bank Can't Attach Grantee's Land Under Karnataka SC/ST (Prohibition Of Transfer Of Certain Lands) Act For Loan Default By GPA Holder: High Court
The Karnataka High Court has held that a bank cannot enforce a decree for attachment of property against a land grantee under Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, for loan default made by the Cooperative Society holding the general power of attorney for such land.A single judge bench of Justice Suraj Govindaraj said,"When a grantee has...
'Group of Companies' Doctrine Not Applicable When The Party Is Not Referred To Arbitration: Kerala High Court
The Kerala High Court has held that 'Group of Companies' doctrine is not applicable when the third party is not even referred to the arbitration. The Supreme Court adopted the 'Doctrine of Group of Companies' in Cox and Kings Ltd. v SAP India Private Limited and Other (2023). The Apex Court held that a non- signatory affiliate or a sister or parent company can be a party to the...
Rajasthan High Court Calls For 'Zero Tolerance Policy' Against Unqualified Proxy Teachers In Govt Schools, Issues Interim Directions
The Rajasthan High Court has taken serious note against the increasing issue of teacher absenteeism, and ineligible and unqualified proxy teachers in government schools of Rajasthan, wherein government employed teachers illegally appoint unemployed youths who may not even have the basis qualifications to teach, to work in their place, "playing with the future and career of the students...
Kerala Toddy Workers Welfare Fund, Employee Of Licensee, Not An Employer: Kerala High Court
A single judge bench of the Kerala High Court, comprising Justice Dinesh Kumar Singh, while deciding writ petitions held that an employee who is merely associated with the conduct of business and not in a position to employ others on his own behalf, cannot be said to be an employer. Background Facts The employee (Petitioner) was a worker in toddy shops Nos. 135 to 138 and 119 to...
Mere Breach Of Contract Does Not Constitute Criminal Breach Of Trust U/S 405 IPC Without 'Entrustment': Jharkhand High Court
The Jharkhand High Court has held that a mere breach of contract does not constitute an offence under Section 405 of the Indian Penal Code without the presence of 'entrustment'. The provision penalises criminal breach of trust.Justice Sanjay Dwivedi observed, “Offence of criminal breach of trust has been defined under section 405 I.P.C. and same is punishable under section 406 I.P.C. In...
Arbitral Tribunal's Decision To Award Damages For Loss Of Profit Is Patently Illegal If It Contradicts Contract: Delhi High Court
The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that an Arbitral Tribunal's decision to award damages for loss of profit is vitiated by patent illegality if it contradicts the express terms of the agreement between the parties. The bench held that: “It is essential to maintain the bargain entered into between the parties....