Dual Prosecution Under IPC And EPF Act For PF Defaults Valid; Serves Distinct Objectives: Kerala HC

Kerala High Court: A Single Judge Bench of Justice K. Babu upheld the trial court's refusal to discharge S. Mohammed Nowfal, proprietor of Tasty Nuts Factory. The Court held that prosecution under Section 406 IPC for criminal breach of trust involving PF defaults does not require prior sanction under Section 14-AC of the EPF Act. The Court emphasized that the 1973 addition of Explanation...

Allahabad High Court Upholds Reinstatement As Standard Remedy, But Percentage Of Back Wages To Be Subject To Facts

The Allahabad High Court Bench comprising of Justice Chandra Kumar Rai heard a petition revolving around the dismissal of a bus conductor by the Uttar Pradesh State Road Transport Corporation (“UPRTC”). Here, the fairness of the disciplinary proceedings which led to the respondent's dismissal for allegedly allowing passengers to travel...

Permanency Of Post Not To Be Granted Merely On The Completion Of Certain Days Of Service; But To Be Considered If Scheme Present For The Same:Bombay High Court

The Bombay High Court Bench of Justice Sandeep V Marne considered a petition against an order passed by the Industrial Court allowing Respondents grant of permanency as well as other benefits. The Court ordered that simply completion of 240 days of service is not enough to mandate permanent post, however, in case creation of permanency was in consideration, via scheme provision or...

Disabilities Can Be Attributed To Service In Army Due To Stressful Work Conditions, Delhi High Court Grants Disability Pension

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur attributed the disabilities of the Respondent to his Service considering that an Army Personnel undergoes rigorous work stress and strain. It upheld the order of the Armed Forced Tribunal stating that the Army personnel worked in a stressful and hostile environment and thus, presumably,...

Allahabad High Court Monthly Digest: September 2024

Nominal IndexM/S Anil Rice Mill vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 533 Jyotish Chandra Thapliyal vs. Smt. Deveshwari Thapliyal 2024 LiveLaw (AB) 534 Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536 Remo D Souza v.s State of U.P. and Another 2024 LiveLaw...

Bombay HC Sets Guidelines For Reviewing Proportionality Of Industrial Disciplinary Action; Bars Use Of New Evidence From Assessing Proportionality Of Punishment

Bombay High Court: A Single Judge Bench of Justice Anil L. Pansare remanded the case of a dismissed worker back to the Labour Court, directing a fresh assessment of punishment proportionality based solely on existing evidence. The court ruled that while Mahindra and Mahindra could potentially justify harsher punishment for the alleged protest leader, the stark disparity between...

Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne set aside the Labour Court's and Industrial Court's orders reinstating a security associate dismissed from JW Marriott for theft. The Court held that theft of hotel property by a security employee constitutes serious misconduct regardless of the value of stolen items, given their position of trust. The Court found...

Consumer Commission Must Decide Issue Of Pecuniary Jurisdiction Before Proceeding On Merits: Jharkhand High Court

In a plea concerning a matter entertained by the district consumer disputes redressal commission without first deciding issue of pecuniary jurisdiction, the Jharkhand High Court reiterated that this issue must be decided first by a court or a tribunal before proceeding further. The court also emphasized the supervisory role of High Courts under Article 227 of the Constitution to intervene...

Madhya Pradesh High Court Seeks Centre, State's Stand In PIL Against Rising Traffic Congestions, Noise Pollution

The Jabalpur bench of the Madhya Pradesh High Court on Wednesday (October 23) sought the stand of the Centre and State in a public interest litigation petition pertaining to noise pollution and Traffic congestion, particularly in the city. A division bench of Justice Sanjiv Sachdeva and Justice Vinay Saraf directed the respondents including Union of India, the State of Madhya Pradesh, and the...

Rajasthan High Court Seeks BCI's Response On Plea Challenging Its Power To Extend Term Of State Bar Council Members Beyond Statutory Period

Rajasthan High Court sought reply from the Bar Council of India (“BCI”) in a petition challenging the amendment to Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rule, 2015 (“the Rules”) and thereby empowering itself to extend the term of elected members of State Bar Councils prescribed under Section 8 of the Advocates Act, 1961 (“the...

Benefit Of SC Judgment On Extension Of Limitation During COVID-19 Can't Be Granted On Mere Asking, Especially When Party Is In Default: Allahabad HC

The Allahabad High Court has held that the benefit of extension of limitation during COVID-19, as per In Re Cognizance for Extension of Limitation, cannot be granted to a party merely for the asking, especially when there is default on the part of the party seeking such extension. While dismissing Bharat Sanchar Nigam Ltd.'s appeals under Section 37 of the Arbitration and Conciliation Act,...

'Game Rule Can't Be Changed After Its Commencement': Chhattisgarh HC Quashes State's NRI Quota Notice Affecting MBBS Admissions

In a major relief to the students who appeared for NEET (UG) 2024 and secured admission to the medical colleges in the state of Chhattisgarh under the NRI quota, the Chhattisgarh High Court has set aside an order of the State Medical Education Department adversely affecting the admissions of such students (under the NRI quota) who are already taking classes. A bench of...