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...

Constitutional Courts Not Equipped To Handle Specific Subjects For Which Specialised Tribunals Are Needed: Kerala High Court

While hearing a challenge to a telecommunication tariff order, the Kerala High Court said that while only the Constitutional Courts possess the power to enforce fundamental rights, an expert body like the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), can exercise judicial review over those fundamental rights.In doing so the high court emphasized on the difference between...

Cash Canteen Subsidy Qualifies As Cash Value Of Food Concession And Is Included In Dearness Allowance: Gujarat High Court

The Gujarat High Court has ruled that a monthly cash canteen subsidy of ₹475 provided to employees by Reliance Industries Ltd. qualifies as part of the dearness allowance under Explanation 1 to Section 6 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act). This classification determines whether provident fund (PF) contributions are required on the...

Calcutta High Court Monthly Digest: October 2024

NOMINAL INDEXPorel Dass Water & Effluent Control Private Limited vs. The West Bengal Power Development Corporation Limited and Ors.Citation: 2024 LiveLaw (Cal) 219Dasrathbhai Narsangbhai Chaudhary @ Dasrath Chaudhary & Another Versus The State of West Bengal & Another Citation: 2024 LiveLaw (Cal) 220Hriday Kumar Das Vs State of West Bengal cCitation: 2024 LiveLaw (Cal) 221The State...

Insurance Companies Liable For Paid Drivers And Cleaners Under Motor Vehicle Act When Additional Premium Is Accepted: Patna High Court

The Patna High Court has ruled that an insurance company must cover the liability for a paid driver and cleaner under the Motor Vehicle Act, 1988, when the vehicle owner pays an additional premium for their coverage. The court emphasized that once the insurance company accepts the additional premium, it extends its liability to cover risks associated with the paid driver and cleaner, shifting...

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

Citations 2024 LiveLaw (Del) 1181 to 2024 LiveLaw (Del) 1195NOMINAL INDEXPANKAJ KUMAR TIWARI v. ED and other connected matter 2024 LiveLaw (Del) 1181NARESH KUMAR BAJAJ v. BUNGE INDIA PVT. LTD. 2024 LiveLaw (Del) 1182Civil And Sessions Court Stenographers Association (Regd) & Anr vs. Shri Vijay Kumar Dev 2024 LiveLaw (Del) 1183Ram Niwas versus Commissioner of Central Goods and Services...

Ghaziabad Bar Association Moves Allahabad HC Seeking SIT Probe Into Court Lathicharge Violence Against Lawyers

The Ghaziabad Bar Association has moved the Allahabad High Court seeking an SIT investigation, under the direct supervision of the HC, into the recent lathi-charge violence against advocates in Ghaziabad Court. The Criminal Writ petition moved through Advocate Jawahir Yadav also prays for the issuance of a show cause notice to the District Magistrate by exercising powers under...

Delhi High Court Monthly Digest: October 2024 [Citations 1081 - 1192]

Citations 2024 LiveLaw (Del) 1081 to 2024 LiveLaw (Del) 1192NOMINAL INDEXJamshed Ansari V. State (GNCT Of Delhi) & Commissioner Of Police, Delhi 2024 LiveLaw (Del) 1081NARENDER MEENA v. CBI 2024 LiveLaw (Del) 1082SUSHMA v. STATE NCT OF DELHI 2024 LiveLaw (Del) 1083Designarch Consultants Pvt Ltd And Anr vs. Jumeirah Beach Resort LLC 2024 LiveLaw (Del) 1084Shobha gupta vs bar council of...