News Updates
[MACP Scheme] Claimant Cannot Be Denied Benefit Based On Clause Quashed By Tribunal Once Decision Is Upheld By HC: Delhi High Court
The Delhi High Court has observed that once a clause of a scheme is quashed by a tribunal and the decision is upheld by a High Court, the said clause ceases to exist in the scheme particularly when the government has decided to accept the ruling and implemented the same.The division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela made the observation while dismissing Centre's...
"Everyone Has Bad Days": Bombay HC Full Bench Accepts Apology From Adv Mathews Nedumpara, Discharges Contempt Notice
The Bombay High Court on Monday discharged a 2017 contempt notice against Advocate Mathews Nedumpara after accepting his "bona fide, unconditional and unqualified" apology. "We do so because it is within our power and remit to accept an apology in these terms, and also because we believe that the contempt powers of this Court must be exercised sparingly. Where there is an apology...
Air India Employees' Accommodation: Bombay HC Directs Centre To Take 'Fresh Decision' On Reference Of Dispute To Industrial Tribunal
The Bombay High Court recently held that if the Government declines reference of a dispute to the Industrial Disputes Tribunal, it must do so based on a final, and not prima facie satisfaction that no industrial dispute arises in the case. The court held that the decision of the Central Government not to refer a dispute between Air India employees and Air India Ltd. regarding vacation...
Delhi Court Grants Bail To Sharjeel Imam In 2019 Sedition Case
A Delhi Court on Friday granted bail to former JNU student Sharjeel Imam in a sedition case which accuses him of delivering a "provocative speech" that allegedly led to violence in the Jamia Nagar area in 2019. However, Imam will continue to remain in custody as he is yet to get bail in other cases pending against him.Additional Sessions Judge Anuj Agrawal granted bail to Sharjeel in FIR...
Dandiya And Garba Can Be Performed Without Loudspeakers And DJ Sound, Celebrate Navratri In Traditional Way: Bombay High Court To RWA
Granting permission to Ramdaspeth Plot Owners and Residents Association to organize its Navratri festival including dandiya and garba performances in a silence zone, the The Nagpur bench of Bombay High Court recently said the religious celebration can still be performed in a purely traditional and religious way."Dandiya and Garba performances being intrinsic part of a religious celebration...
SC Collegium Recommends Transfer of 3 Judges to Bombay, Jharkhand & Tripura High Courts
The Supreme Court Collegium in its meeting held on 28th September, 2022 has recommended transfer of three Judges in the following manner:Justice Sanjaya Kumar Mishra from Uttarakhand High Court to Jharkhand High Court;Justice K. Vinod Chandran from Kerala High Court to Bombay High Court; andJustice Aparesh Kumar Singh from Jharkhand High Court to Tripura High Court.About Justice MishraBorn...
Supreme Court Collegium Recommends Transfer Of J&K HC CJ Justice Pankaj Mithal As Rajasthan High Court Chief Justice
The Supreme Court Collegium has recommended the transfer of Chief Justice of the High Court of Jammu & Kashmir & Ladakh Justice Pankaj Mithal as the Chief Justice of the Rajasthan High Court.Justice Mithal took the oath as the CJ of J&K&L High Court on January 1, 2021. His parent High Court is Allahabad High Court.The post of Chief Justice of Rajasthan High Court fell vacant...
Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court
The Madhya Pradesh High Court has reiterated that mere issuance of notice on a plea does not create a 'binding precedent' on courts, as it does not lay down any proposition of law to be followed in future.Justice Vivek Agarwal explained that 'Precedent' refers to a decision that is considered as an "authority" for deciding subsequent cases involving identical or similar facts, or...
J&K Evacuees Property Act | Tribunal Competent To Exercise Powers Of Revision Against Orders Of Custodian General U/S 30-A: J&K&L HC
Determining several important legal questions pertaining to the cases under the Evacuees Property Act, the Jammu and Kashmir and Ladakh High Court recently held that J&K Special Tribunal can exercise powers of revision against the orders passed by the Custodian General, Evacuee Property. These observations were made in a writ petition filed by the Custodian General,...
Voluntary Initiation Of CIRP By Bihar State Construction Corp., NCLAT Delhi Approves
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Shri Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Bihar State Construction Corporation Ltd. Employee Union v Bihar State Construction Corporation Ltd., has upheld the Adjudicating Authority's decision to initiate Corporate...
ED's Probe On Masala Bonds Affecting Infrastructure Development Plans In Kerala: KIIFB To High Court
The Kerala Infrastructure Investment Fund Board (KIIFB) has told the High Court that the Enforcement Directorate's protracted investigation into the issuance of Masala bonds is detrimentally affecting infrastructure development plans in the state.The submission is part of a rejoinder filed by the KIIFB in response to a counter affidavit of the central agency. ED is probing the alleged...