Withholding Gratuity Amount Merely Due To Pendency Of Criminal Investigation Violates Article 300A Of The Constitution: Allahabad HC [Read Judgment]

The Allahabad High Court on Tuesday observed that withholding the amount of gratuity payable to a retired employee of State merely on account of pendency of criminal investigation against him at the time of retirement violates Article 300A of the Constitution. "The right of a retired employee to receive pension and gratuity is recognised as a property which cannot be deprived except...

Provisions Of TRAI Act Must Be Viewed In Light Of Protection Of Interests Of Both Consumers And Broadcasters; TRAI Tells Bombay HC

The Telecom Regulatory Authority of India on Wednesday submitted an affidavit before the Bombay High Court in a batch of petitions challenging the new amendments to the regulations and tariff order brought in by the regulatory body in January. TRAI stated that the said changes would benefit consumers.Division bench of Justice SC Dharmadhikari and Justice RI Chagla did not grant any interim...

Power To Attach Bank Accounts Can Be Used In Limited Circumstances, Not An Omnibus Power; Bombay HC Sets Aside GST Authority's Order [Read Judgment]

The Bombay High Court last Friday quashed and set aside an order by the Directorate General of GST Intelligence holding that the said order of provisionally attaching the bank accounts of the petitioner was without jurisdiction. A division bench of Justice Nitin Jamdar and Justice MS Karnik was hearing a writ petition filed by Kaish Impex Pvt Ltd through its Director Deepak Kumar....

Gujarat HC Rejects Ex-IPS Sanjiv Bhatt's Plea For Recalling SIT Probe [Read Order]

The Gujarat High Court on Friday refused to recall its order whereby a Special Investigation Team was constituted to probe the alleged involvement of former IPS officer Sanjiv Bhatt in a 1996 drug planting case. While dismissing Bhatt's petition, Justice JB Pardiwala said, "This application is nothing but one more attempt on the part of the applicant to create unnecessary hindrances...

Anglo Indian Representation To Lok Sabha, State Assemblies Done Away; SC-ST Reservation Extended For 10 Years: Constitution (104th Amendment) Act To Come Into Force On 25th Jan

The Central Government has notified Constitution (One Hundred And Fourth Amendment) Act which extends reservation for ten years for Scheduled Caste and Scheduled Tribes to Lok Sabha and State Assemblies. The amendment also does away with the provision for nomination of Anglo Indians.The Amendment to Constitution was ratified by the Legislatures more than one-half of the States by resolutions...

Consumer Forums Do Not Have Jurisdiction Over Educational Institutions As They Do Not Impart 'Services', Holds NCDRC [Read Judgment]

The NCDRC on Monday answered a reference holding that 'educational institutions' do not impart 'services' and hence the consumer fora does not have jurisdiction to entertain complaints against them. With this ruling, the bench comprising Justice RK Agrawal (President), Justice VK Jain (Member) and M. Shreesha (Member) has broken the deadlock created by two conflicting judgments of...

Karnataka HC Restrains Authorities From Demolition Of Temporary Sheds Alleging Occupants Are Illegal Bangladeshi Migrants [Read Petition]

The Karnataka High Court on Wednesday by way of interim relief restrained the Bruhat Bengaluru Mahanagara Palike and the Bengaluru police from evicting those living in sheds in areas of Kariyammana Agrahara, Devarabeesanahalli, Kundalahalli and Bellanduru. Recently, the authorities had carried out a demolition drive, displacing several people, on the pretext that the occupants were...

Subodh Gupta Case : Delhi HC Asks If Anonymous Instagram Account Holder Wants To Represent All Those Who Shared 'MeToo' Stories

The Delhi High Court on Wednesday asked the anonymous holder of the Instagram account 'Herdsceneand' to decide as to whether she would want to be imlpeaded in representative capacity of all women who had raised sexual harassment allegations through the account against artist Subodh Gupta.The Court was considering the defamation suit filed by Gupta against the Instagram account. ...

Bombay HC Asks Petitioner Challenging CAA To Approach SC

The Bombay High Court on Wednesday refused to hear a Public Interest Litigation filed by one Urmila Kowe challenging the constitutional validity of the Citizenship Amendment Act.A division bench of Justice RK Deshpande and Justice AB Borkar of Nagpur bench observed that the Supreme Court was already hearing petitions challenging the said act and asked the petitioner to approach the...

Delhi Court Seeks Action Taken Report From Police On Jamia Violence [Read Complaint]

Saket Court has asked Delhi Police to submit an Action Taken Report (ATR) regarding the December 15 incident that took place inside the campus of Jamia University. The direction has been given in a complaint filed by the administration of Jamia Millia Islamia University, seeking action against alleged police brutality that took place in the campus premises. ...

Kerala HC Stays Proposed Anti-CAA Resolution By A District Panchayath [Read Order]

The High Court of Kerala, on Tuesday, stayed a move of District Panchayath to pass resolution against Citizenship Amendment Act, 2019.One K.Shrikant had approached the High Court seeking a stay of the notice issued by District Panchayath, Kasargode in this regard.Before Justice Raja Vijayaraghavan V., it was contended on behalf of the petitioner that the proposed resolution is clearly...

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]

The Supreme Court has reiterated that, even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.The bench comprising of Justice Uday Umesh Lalit and Justice Vineet Saran said that, in certain cases the very same set of facts may give rise to remedies in civil as well as in criminal proceedings.In this case, the criminal...