Kerala High Court Seeks State's Response On Plea For Salary Hike, Better Working Conditions For Private Hospital Nurses

The Kerala High Court has sought a reply from the State regarding the salary and working conditions of nurses working in private hospitals. This comes in the plea moved by the Indian Professional Nurses Association seeking implementation of Prof. Jagadish Prasad Committee Report. Justice P. V. Kuhnikrishnan admitted the PIL and sought reply from the Kerala Government.The plea moved...

Uttarakhand High Court Judge To Make Field Visit To Understand The Hurdle In Collection & Disposal Of Plastic Waste

The Uttarakhand High Court has decided that one of its Judges shall make a field visit to understand as to what is the hurdle in the actual implementation of its orders for the collection and disposal of plastic waste.The bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe put forth this proposal while hearing a Public Interest Litigation (PIL) plea filed by Activist...

'Liquidation Last Resort', NCLT Directs COC To Re-Consider The Rejected Resolution Plan: NCLT Mumbai

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Edelweiss Asset Reconstruction Co. Ltd. v Octaga Green Power and Sugar Company Ltd., has reiterated that liquidation of the Corporate Debtor is the last resort and has accordingly directed...

Registrar Didn't Act Independently: Bombay HC Sets Aside Govt Order Removing NCP Members From Jalgaon Milk Union's Managing Committee

The Aurangabad bench of Bombay High Court on Tuesday set aside an order removing 14 members of elected managing committee of the Jalgaon Zilla Dudh Utpadak Sangh Ltd. "DDR has passed the impugned order not only in the absence of any ground or by resorting to any enquiry by following the principles of natural justice but even has passed it mala fide with an ulterior motive to oblige...

Pension & Other Retiral Benefit Rules Have To Be Interpreted Liberally: Meghalaya High Court

The Meghalaya High Court recently observed that rules with regard to pension and other retiral benefits are beneficial in nature and have to be interpreted liberally. The observation came from Justice H. S. Thangkhiew: "In the scheme of things, especially in matters of pension and grant of terminal benefits, it has to be kept in mind that, provisions or rules with regard to...

High Court Directs Arunachal DGP To Take Steps For Separating Investigating Wing From Law & Order Police, Operationalise Complaints Authority

The Gauhati High Court, Itanagar bench, has observed that the public interest in respect of the State of Arunachal Pradesh overwhelmingly requires that immediate effective steps be taken to separate the investigating wing within the police force in the State of Arunachal Pradesh.In this light, a division bench comprising Justices M Bujor Barua and Devashish Baruah has asked the Director...

Excise Constable Exam | "Male Chauvinism Unacceptable": Allahabad HC Dismisses Plea Challenging Different PET Criteria For Males & Females

The Allahabad High Court on Tuesday dismissed two pleas challenging criteria of different yardsticks for physical efficiency tests for males and females for the U.P. Subordinate Service Selection Board Excise Constable recruitment exam. The bench of Justice Saurabh Shyam Shamshery observed that the classification of men and women in physical efficiency is not arbitrary and therefore,...

S.306 IPC | Words Uttered In Fit Of Anger Sans Intention Not Instigation/ Abetment Of Suicide: Gujarat High Court

In a recent order, the Gujarat High Court has clarified in respect of Section 306 of IPC that a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot amount to 'instigation.' Therefore, if in the instant case, the Accused/Applicant had uttered 'you may do whatever you like and if you want to die, you may die', then it would not...

Permanent Part-Time Service Qualifies Under Pension Regulations: Gujarat HC Upholds Payment To Retd. Cleaner At Dena Bank

The Gujarat High Court has affirmed that a 'permanent part-time' employee is entitled to grant of pension in terms of Dena Bank (Employees') Pension Regulations, 1995.The Bench comprising Justice AJ Desai and Justice Mauna Bhatt thus upheld the single bench order directing grant of pension to a part-time cleaner, who had voluntarily retired from service. The Respondent-cleaner had joined...

Gauhati HC Orders Disbursement Of Deceased Employee's Gratuity Among Heirs Including 'Illegitimate Sons' In Line With Hindu Marriage Act, Succession Act

The Gauhati High Court was recently called upon to decide the issue with respect to distribution of gratuity amount among legal heirs of a deceased employee of Assam Power Distribution Company Limited, including his illegitimate children.A single judge bench constituting of Justice Manish Choudhary directed the employer to decide the claims by adhering to the provisions contained in Section 4...

Application For Mutation Of Entry In Revenue Record Does Not Create Encumbrance On Property: Gujarat High Court

The Gujarat High Court recently refused to initiate contempt proceedings against a party to property dispute, said to have wilfully disobeyed court's status quo order by making an application for before the concerned Revenue Authority for mutation of the entry in the revenue record, on the basis of the registered Sale Deed.The Bench comprising Justice Vipul Pancholi and Justice AP Thaker was...

POCSO | Issue Regarding Determination Of Victim's Age Can Be Raised At Any Stage, Even Before Appellate Forum: Meghalaya High Court

The Meghalaya High Court recently observed that it is incumbent upon the Court, hearing a POCSO case, to be certain of the age of the victim before proceeding with the matter. The observation came from Justice W. Diengdoh:"An offence against a child has to be tried by the Special Court. However, it is incumbent upon the Court to be certain right from the inception of a case that the...