Bombay High Court Weekly Round-Up: October 28 - November 03, 2024

Citations 2024 LiveLaw (Bom) 559 to 2024 LiveLaw (Bom) 572Nominal Index:M/s BK Polimex India Private Limited vs Union of India, 2024 LiveLaw (Bom) 559 Deepak Deshmukh vs Directorate of Enforcement, 2024 LiveLaw (Bom) 560Maruti Krishana Naik & Ors. vs. M/s. Advani Oerlikon Ltd. & Anr.,2024 LiveLaw (Bom) 561Andreas Stihl Private Limited versus The Joint Commissioner of State Tax &...

Watching Woman Or Capturing Her Images Not Voyeurism U/S 354C IPC Unless In Circumstances Where She Would Expect Privacy: Kerala High Court

The Kerala High Court has held that the offence of voyeurism under Section 354C of IPC will not attract when a woman's photos were clicked by two men, while she was standing in front of her house without any secrecy.Justice A. Badharudeen made it clear that the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under the...

In Case Of Defects In Service Of Notice Mere Correction In Postal Envelopes Not Sufficient, Fresh Notice Must Be Issued: AP High Court

While hearing a review plea, the Andhra Pradesh High Court recently said that mere corrections in postal envelopes are insufficient to cure defects in service of notice, emphasizing that when an incorrect address is discovered, the proper course is to correct the address in the main proceedings and issue fresh notices.In doing so the court said that the review petitioners had not been given...

Karnataka High Court Weekly Round-Up: October 28 To November 3, 2024

Citations: 2024 LiveLaw (Kar) 450 To 2024 LiveLaw (Kar) 454Nominal Index:Lalji Kesha Vaid AND Dayanand R. 2024 LiveLaw (Kar) 450G V Prasad & ANR AND State of Karnataka. 2024 LiveLaw (Kar) 451Mohammed Shiyab AND National Investigating Agency. 2024 LiveLaw (Kar) 452Akash Jaiswal AND State of Karnataka. 2024 LiveLaw (Kar) 453Mahantesh S Nagur AND State of Karnataka & ANR. 2024 LiveLaw...

'Reasonable Efforts Made, No Further Action Required': Karnataka High Court Closes PIL To Deploy Indian Army For Rescuing Landslide Victims

The Karnataka High Court on Monday (November 4) disposed of a public interest litigation petition seeking deployment of Indian Army personnel for rescuing the victims of of the July 16 landslide on National Highway 66 in Uttara Kannada district, after it was informed that the situation was back to normal.In doing so the high court took note of Deputy Solicitor General of India Shanthi Bhushan...

“Extreme Emergency Looms”: Madras High Court Issues Directions For Curbing Tobacco Use Among Children

The Madras High Court has issued a slew of directions to the Central Government, State Government and prosecuting agencies in an effort to curb the use of tobacco products among school kids. Justice Bharatha Chakravarthy observed that there was an emergency considering the sudden surge of children using tobacco products and more specifically “Cool Lip” which in turn corrupted the...

Bombay High Court Questions ECI's Decision To Reject Nomination Papers Of Candidates Across State For Being Filed After 11 AM

The Bombay High Court on Monday sought to know from the Election Commission of India (ECI) as to on what grounds it rejected the nominations of various candidates across Maharashtra, who filed their papers after 11 AM of October 30 for the upcoming State Assembly Elections.A vacation bench of Justices Arif Doctor and Somasekhar Sundaresan also ordered the ECI to furnish a list of...

Composite Reference May Be Made When Two Contracts Are So Intertwined That Separate Arbitral Proceedings Would Prejudice Parties: Calcutta HC

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharya affirmed that when two or more contracts are so intertwined with each other so as to prejudice the parties should separate arbitrations be held, a composite reference of both the contracts can be made to the Arbitrator. Brief Facts The present application under Section 11 of the Arbitration and Conciliation...

MP High Court Issues Notice Over Delay In Rural Posting As Part Of MBBS Course, Imposition Of ₹25 Lakh Penalty For Breaching Bond Conditions

In response to a petition challenging the delay in rural postings and the imposition of a 25 lakh Rupees penalty for breaching the mandatory rural Bond the Madhya Pradesh High Court has issued notice to the state of Madhya Pradesh the Director of Medical Education the Commissioner of health. The petitioner, a recent MBBS graduate argued that these conditions were adversely affecting his...

Kerala Public Service Commission Not Empowered To Conduct Enquiry To Determine Applicant's Caste Status: High Court

The Kerala High Court has observed that the Kerala Public Service Commission (KPSC) is not empowered to conduct an enquiry to determine an applicant's caste status. The Court stated that KPSC can authorize a competent authority, such as a revenue authority or other issuing authority, to inquire into allegations of fraud or misrepresentation regarding an applicant's caste status.The Division...

Kerala High Court Weekly Round-Up: October 28- November 03, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 679-689]Wahabuddin V State Of Kerala & Other Cases, 2024 Livelaw (Ker) 679Celinamol Mathew v State of Kerala, 2024 LiveLaw (Ker) 680Mohan Poovampally Gopal v. Principal Commissioner of Income Tax, 2024 LiveLaw (Ker) 681Elsy Joy v. The Deputy Commissioner Of State Tax, 2024 LiveLaw (Ker) 682Noushad Flourish v Akhila, 2024 LiveLaw (Ker)...

Termination Of Service After Employee's Retirement Unknown To Law In Absence Of Pending Departmental Proceedings: Patna High Court

The Patna High Court recently allowed a petition challenging an office order from the Water Resources Department that halted petitioner's pension after four years and eight months of his superannuation from the post of Mapak.The court ruled that a delinquent employee would be considered to be in service, even after reaching retirement age, only if a valid departmental proceeding had...