News Updates
Only Governor Can Take Action Under Art. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement: Allahabad HC
The Allahabad High Court has held that after the retirement of a government servant, if such employee is found to be guilty of grave misconduct or is found to have caused pecuniary loss to the Government, it is the Governor who can take action as provided in Article 351-A of the Civil Service Regulations.With this, the Bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh...
Can't Quash POCSO Act Offence On The Basis Of Compromise/ Matrimony Between Accused & Victim: Punjab & Haryana High Court
The Punjab and Haryana High Court has observed that an offence under POCSO Act, which is a special statute, cannot be quashed on the basis of any compromise or matrimony between the accused and the prosecutrix.The bench of Justice Suvir Sehgal also stressed that the subsequent marriage of the accused with the prosecutrix/victim would not dilute the offence under POCSO Act or under Section...
Reference Made Under MSMED Act; District Court Has Power To Extend Mandate Or Substitute Arbitrator Under Section 29A Of A&C Act: Bombay High Court
The Bombay High Court has ruled that the provisions of Section 29A of the Arbitration & Conciliation Act, 1996 (A&C Act), which enables the Court to extend the mandate of the Arbitrator or substitute the Arbitrator, would be applicable to the reference made under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). The Single Bench of Justice Anuja...
[Comparative Advertising] Cannot Permit Domex's TV Ad, Disparages Harpic: Delhi High Court
Observing that 'puffery' and 'hyperbole' may have an element of untruthfulness, the Delhi High Court Monday said an advertiser cannot disparage or defame the competitor's goods while doing comparative advertisement. Noting that such advertisements would always involve statement that advertiser's goods are better than that of the competitor, a division bench comprising of Justice Vibhu Bakhru...
Corruption Allegations: High Court Restrains Aam Aadmi Party From Making Defamatory Statements Against Delhi LG
The Delhi High Court on Tuesday passed an ad interim injunction order in favour of Delhi's Lieutenant Governor Vinai Kumar Saxena and against Aam Aadmi Party and its five leaders in connection with a matter pertaining to their corruption allegations against him.Justice Amit Bansal passed the order on an interim application filed by Saxena seeking temporary injunction restraining AAP and its...
Strain In Marriage Ground For Wife To Seek Abortion Of Pregnancy Upto 24 Weeks, Legal Divorce Or Husband's Consent Not Required : Kerala High Court
In a significant ruling, the Kerala High Court Monday said that the drastic changes in matrimonial life of a pregnant woman fulfils the condition of 'change of her marital status' in Rule 3B of the Medical Termination of Pregnancy (MTP) Rules, thus making her eligible to undergo medical termination of pregnancy up to 24 weeks.Citing a Supreme Court judgement in which it was held that a...
CCI Director General's Report Not Determinative Or Conclusive, Commission Can Consider All Aspects Before Final Decision: Delhi High Court
The Delhi High Court has said a probe report prepared by the Director General of Competition Commission of India (CCI) is neither determinative nor conclusive since it is ultimately for the Commission to take all aspects, including views that may be expressed before it, into consideration before passing final orders. Section 26(2) of the Competition Act, 2002 provides that the Director...
Isha Foundation Exempted From Seeking Prior Environmental Clearance: Centre Tells Madras HC
The Central Government on Monday informed the Madras High Court that Isha Foundation was exempted from seeking a prior Environment Clearance for carrying out construction work, as the Foundation was engaged in promoting education. The bench of Acting Chief Justice T Raja and Justice D Krishnakumar was dealing with a plea by the Isha Foundation challenging a notice issued by the Tamil...
S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC
The Kerala High Court on Friday held that compensation could not be awarded to the heirs of the deceased, who 'stepped into the shoes of the owner', by borrowing the vehicle and whose rash and negligent driving brought about his own death.Justice Sophy Thomas, while setting aside the order of the Motor Accident Tribunal granting compensation to the heirs of the deceased, observed,"Since...
After SC Order on Sedition, Delhi High Court Asks Trial Court To Consider Sharjeel Imam's Bail Plea Afresh
Permitting him to withdraw his application for regular bail in a 2019 sedition case, the Delhi High Court has asked the trial court to first consider former JNU student Sharjeel Imam's application seeking relief under Section 436-A CrPC on the ground that he has remained in custody for 31 months in the FIR. Section 436-A provides that when a person before the conclusion of trial has undergone...
"Even Equity Has To Be Claimed At Right Juncture": Rajasthan HC Dismisses Employee's Plea Citing 40 Yrs Delay
The Rajasthan High Court has dismissed an employee's writ petition, which was filed with a delay of more than 40 years, seeking pay scale No. 2 of Helper-I w.e.f. April 1974 with all consequential benefits regarding salary and arrears in cash payment.Justice Kuldeep Mathur court opined that it is a settled law that the court does not come to the rescue of those who are not vigilant about...