All High Courts
Leave From Employment For Research Abroad Should Not Be Treated As Break In Service, Must Be Counted For Pension Purposes: Madras High Court
The Madras High Court recently observed that as per the Tamil Nadu Leave Rules 1933, the period of absence from work for employment abroad shall not be treated as a break in service and must be counted for pension and other purposes. Justice Anand Venkatesh noted that even as per a Government Order issued in this regard, the period of absence during employment abroad should be treated...
Unfortunate That Rowdy & Disorderly Behaviour By Educational Institute Employees Has Become An Accepted Norm: Bombay High Court
In a significant order, the Bombay High Court while upholding the punishment of a college library attendant for 'misconduct' within the campus, observed that nowadays 'disorderly, rowdy behaviour' of employees in schools and colleges has become an accepted norm, which has only brought disrepute to the institutions.Single-judge Justice RM Joshi while upholding the September 23, 2008 judgment...
"Actively Addressing Logistical & Infrastructural Challenges": Delhi HC Rejects Plea Seeking Enhanced Access To Live Streaming Of Court Proceedings
The Delhi High Court has recently dismissed a plea seeking enhanced implementation of live streaming of court proceedings and for completing pending work in the live streaming process in a time-bound manner. Justice Sanjeev Narula observed that the existing infrastructure and the gradual expansion plans of live streaming are based on practical assessments by the Delhi High Court's...
Delhi High Court Declares 'Boroline' As Well Known Trademark, Restrains Use Of 'Borobeauty'
The Delhi High Court has declared the word “Boroline”, used for selling an antiseptic ayurvedic cream, as a well-known trademark under the Trade Marks Act. “There is no denying the fact that “BOROLINE” has attained the status of a household name, and is one of the oldest trademarks, which has been in continuous use, preceding the independence of India,” Justice Mini Pushkarna...
Justice Bharati Dangre Of Bombay High Court Recuses From Hearing Ex-Cop Sachin Waze's Plea
Bombay High Court judge Justice Bharati Dangre on Tuesday recused from passing orders or further hearing the habeas corpus petition filed by dismissed cop Sachin Waze.A division bench of Justices Bharati Dangre and Manjusha Deshpande had earlier this month heard brief submissions on the plea filed by Waze, who seeks his release from the custody in the corruption case related to former...
Mere Apprehension That Person Would Flee India Is Not Enough To Issue Look Out Circular: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that mere apprehension that a person would flee India and no steps could be taken to recover the money is not enough to issue a Look Out Circular (LOC) against him. Brief Facts: The matter pertained to a writ petition which was filed by an erstwhile Director of Visa Power Limited ("company in liquidation"). The...
Reciprocal Promises In Settlement Agreements Must Be Executed Simultaneously: Delhi High Court
The Delhi High Court bench of Justice Navin Chawla has held in a settlement agreement where both parties have made reciprocal promises, these promises must be executed simultaneously. Brief Facts: The dispute revolved around the execution of a decree from a 2005 suit filed to dissolve the partnership firm M/s Hotel Marina (Decree Holder). The decree, issued in March 2006 based on...
Owner/Occupier Of Property Will Have To Pay Water Tax, Water Benefit Tax Even If They Do Not Consume Water From BMC: Bombay High Court
In a significant ruling, the Bombay High Court last week held that an owner of a property will have to pay the water tax and the water benefit tax irrespective of whether the owner or occupier of the property uses the water facility or not.A full bench of Justices Atul Chandurkar, Manish Pitale and Sandeep Marne was dealing with a reference made by a single judge, way back in 2007 framing...
Witnesses In Arya Samaj Mandir Marriages Must Be Genuine And Bonafide: Delhi High Court
The Delhi High Court has declared as void a marriage solemnized between a woman and her real uncle in an Arya Samaj Mandir after a false affidavit was given by the man stating himself to be unmarried when he had a wife and son.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma saw the photographs of the marriage and noted that apart from the couple, nobody was present...
Independent, Non-Executive Directors Of Company Cannot Be Held Liable Under Section 138 Of NI Act Without Specific Allegations: Delhi High Court
The Delhi High Court bench of Justice Amit Mahajan has held that independent, non-executive directors of an accused company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, if the complaints do not include specific allegations detailing their active role in the offence. Brief Facts: The matter pertained to petitions which challenged summoning...
[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court
The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence.A single judge bench of Justice M Nagaprasanna while refusing the quash the abatement to suicide charge against Mayukh Mukherjee said “In the life of husband and wife it cannot be said that there should be...
Allegations Of Fraud And Time-Barred Claims Must Be Addressed By Arbitral Tribunal, Not Court: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that issues such as allegations of fraud and claims that the applicant's claims are time-barred must be addressed by the arbitral tribunal rather than the court. Brief Facts: The matter pertained to a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 which sought the reference of a dispute...