News Updates
Employer Has Power To Change Promotion Policy Unless Malafide/ Arbitrary: Chhattisgarh High Court
The Chhattisgarh High Court recently observed that employers have the power to change their policy in giving promotions to their employees. It added that such policy cannot be interfered with by the Court merely because it feels that another policy would have been fairer or wiser or more scientific or logical.The observation came from a division bench of Justices Arup Kumar Goswami &...
S.141 NI Act | Sole Proprietor Alone Can't Be Sued For Offence U/S 138, Sole Proprietary Concern Must Also Be Arrayed As Accused: P&H High Court
The Punjab and Haryana High Court recently held that when a cheque issued by a sole proprietary entity is dishonoured, it is necessary to array the proprietary concern as an accused, along with the sole proprietor.The bench comprising Justice Sureshwar Thakur further added that besides made it clear that merely suing the sole proprietor would not be sufficient, in view of Section 141 of...
Gujarat High Court Rejects PIL Filed By Mahatma Gandhi's Great Grandson Against Sabarmati Ashram Revamp Plan
The Gujarat High Court on Thursday dismissed a Public Interest Litigation (PIL) plea by Tushar Gandhi, the great-grandson of Mahatma Gandhi, challenging the Gujarat government's decision to revamp/redevelop the Sabarmati Ashram in Ahmedabad at the estimated cost of ₹1,200-crore. The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri observed that the proposed project...
[27 Yrs Delay] Law Assists Those Who Are Vigilant With Their Rights & Not Those Who Sleep Thereupon: Meghalaya High Court
The Meghalaya High Court has reiterated that law assists only those who are vigilant with their rights and not those, who sleep thereupon.The observation came from Justice W. Diengdoh:"The maxim "Vigilantibus Non Dormientibus Jura Subveniunt" which means that the law assists those who are vigilant with their rights and not those that sleep thereupon is very much applicable to the case of...
Issue Regarding Use Of "A4 Size Paper On Both Sides" For Judicial Work Pending Before Full Court Of Delhi HC
The Delhi High Court on Friday was informed by its administrative side that while the Rules Committee has already resolved to use A4 size paper and printing on both sides for the purpose of judicial work, the matter is pending to be finally approved by the Full Court. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma was informed by the...
Lumpy Skin Disease: Rajasthan High Court Issues Notice On PIL Seeking Medical Assistance, Proper Isolation Places & Cremation of Cattle
In a case pertaining to Lumpy Skin Disease in cattle, the Rajasthan High Court has recently issued notice on a public interest litigation seeking directions to the State government to provide medicines, fees and medical assistance of the veterinary doctors.Placing reliance on various news reports, the plea states that 4.2 lakhs cattle are infected in Rajasthan and nearly 22,000 animals,...
Training Can Act As A Distinguishing Factor To Maintain Separate Seniority List In The Same Department: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that ruled that training can act as a distinguishing factor to enable Govt to frame a separate seniority list in the same Department and the Government therefore is well within its rights to frame such rule/principle provided that such principle/rule is reasonable, fair and non-discriminatory.The Division bench comprising Justices...
POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act (POCSO) for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. A single judge bench of Justice M Nagaprasanna said, "It...
Delhi High Court Permanently Restrains Gym & Fitness Centre From Infringing CrossFit's Trademark, Imposes ₹10 Lakhs Cost
The Delhi High Court recently granted permanent and mandatory injunction in favour of Cross Fit LLC against a gym and fitness centre unauthorizedly using its trademark.Justice Prathiba M. Singh observed that the defendant gym had failed to enter appearance despite service of notice and as such, no ex parte evidence would be required in the matter.The grievance of the Plaintiff was that...
Res Judicata Not Attracted In Subsequent Suit Between Same Parties Seeking Completely Different Remedies Qua Same Property: Chhattisgarh HC
The Chhattisgarh High court recently held that a subsequent suit between the same parties qua the same property would not be barred by the principle of res judicata contained under Section 11 of Civil Procedure Code, it the two suits were filed seeking different remedies.In this case, the first suit was filed by the Appellant/ Plaintiff for eviction of the defendants on the basis of...
BREAKING| Madras High Court Directs NMC To Reconsider Direction For Govt Fee Rate In 50% Private Medical College Seats
In a significant judgment, the Madras High Court on Friday directed the National Medical Commission to revisit the office memorandum which directed that fees in 50% seats in Private Medical Colleges and Universities should be at the rate of Government seats. The Court said that the structure should be amended in such a way that merit is not affected.The NMC has been asked to reconsider the...
All High Courts Weekly Round-Up [August 29 - September 4, 2022]
Allahabad High CourtNominal Index Abbas Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko 2022 LiveLaw (AB) 397 Bhagwan Shri Krishna Virajman And Another v. U.P Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 398 Kanta v. State of U.P. 2022 LiveLaw (AB) 399 Deepak @ Deep Prakash @ Deepu v. State Of U.P., Through Secretary Home Govt. Of U.P 2022 LiveLaw...