[Pension] Employees Of Statutory Organizations Running In Losses Can't Seek Parity With Employees Of Profit Making Corporations: Tripura High Court

The Tripura High Court recently observed that employees of statutory organizations cannot claim, as a matter of right, the pensionary benefits, as provided to few of the corporations who have been able to generate their own funds with one-time support from the state government.The observation was given by Justice Arindam Lodh while dealing with a batch of writ petitions filed against...

S.311 CrPC | No Party In A Trial Can Be Foreclosed From Correcting Errors, Benefit Of Lacunae In Prosecution Case Must Go To Accused: Tripura HC

The Tripura High Court recently observed that the Court can allow an application filed by accused under Section 311 CrPC and exercise its power of re-summoning any witness, in order to meet the ends of justice.Justice Amarnath Goud observed:"Lacuna in prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case. The advantage of it...

Preliminary Issues Are Determined Purely On Point Of Law In Isolation To Facts: Tripura High Court

The Tripura High Court recently observed that main controversies in a suit cannot be adjudicated as 'preliminary issues' as they require a full fledged trial and leading of evidence. Justice T. Amarnath Goud added that issues to be determined preliminary would exclusively and purely be on law point in isolation to facts but not mixed question of law and fact.The bench observed,"Issue which is...

Tripura High Court Grants Judicial Separation To Old Couple On Humanitarian Grounds

The Tripura High Court recently granted judicial separation to an old couple on humanitarian grounds, stating that they have mutually agreed to be away from each other and the court would not want to precipitate the litigation. The observation came from a division bench of Justice T. Amarnath Goud & Justice S.G. Chattopadhyay: "After elaborate arguments on behalf of both sides,...

'Burden Of Proof' Never Shifts Whereas 'Onus Of Proof' Shifts Continuously In Evaluation Of Evidence: Tripura High Court

The Tripura High Court recently explained the difference between 'burden of proof' and 'onus of proof'. Justice T. Amarnath Goud observed that burden of proof lies upon a persons who has to prove a particular fact and it never shifts.The bench added that 'Onus of proof' shifts and such a shifting of onus is a continuous process in the evaluation of evidence. The observation comes in a...

Pay Hike For High Court Staff: Supreme Court Further Defers Contempt Proceedings By Tripura HC Against State

In a plea filed by the State of Tripura, which assails an interim order passed by the Tripura High Court directing the State Government to enhance the salary of the staff of the High Court as per the recommendations of the Sixth Central Pay Commission, at the request of State's Counsel, Senior Advocate, Mr. Ranjit Singh, the Supreme Court, on Friday, adjourned the hearing. On...

Employer's Failure To Meet Needs Of Disabled Persons Breaches Norms Of "Reasonable Accommodation": Tripura High Court

State-employer must create conditions in which the barriers posed by disability can be overcome.

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. The court can take into account the hardship such direction may cause to a party. Justice Arindam Lodh observed: "We have...

Motor Accident Claim Not A "Bonanza", Insurance Company Can't Be Saddled With Exorbitant Amounts For Temporary Injuries: Tripura High Court

The Tripura High Court recently observed that it can't impose exorbitant amount on insurance company for temporary injuries by a claimant under the Motor Vehicle Act. The observation came from Justice T Amarnath Goud: "After hearing both the parties and perusing the evidence on record this Court feels that the injuries suffered by the claimant-appellant herein are temporary in...

Article 309 Constitution | Right To Receive Correct Salary & Allowances Under Relevant Statutory Rules Is A Vested Right: Tripura High Court

The Tripura High Court has ruled that the right to receive the correct salary & allowances under the relevant statutory rules is a vested right of a government employee.The observation came from Justice T Amarnath Goud: "It has been further submitted that the ROP Rules, 2009 and the subsequent amendments thereof, are instances of statutory laws, enacted by the government of...

S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court

The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure.Justice Arindam Lodh observed: "The proviso of sub-section (2) of Section 63 of the NDPS Act is...

Charge Framed Against Accused Must Be Established Beyond Any Shadow Of Doubt, Suspicion However Grave Not Proof: Tripura High Court

The Tripura High Court recently observed that a Charge framed against an accused person has to be established and proved "beyond any shadow of doubt" and that suspicion, however grave it might be, cannot take place of proof.The observation came from Justice T. Amarnath Goud: "The way the prosecution has projected the case and being found serious contradictions and inconsistencies in...