News Updates
Mere Regulation Of A Body By A Statute Does Not Mean That The Body Is Discharging 'Public Function': Delhi High Court
The Delhi High Court has reiterated that merely because a body is obligated to comply with various statutory requirements, that cannot be conclusive to answer the question of whether it is discharging a public function.Justice Yashwant Varma observed,"The fact that the cooperative society is registered under the Act or that the Byelaws or the procedure of elections owe their genesis to the...
Inspection Report Does Not Fulfil The Ingredients Of Proper Show-Cause Notice: Jharkhand High Court
The Jharkhand High Court has held that the inspection report does not fulfil the ingredients of a proper show-cause notice; it amounts to a violation of principles of natural justice.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order is null and void in the eye of the law if it is passed without the issuance of...
Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers
While reiterating that Courts have a duty to interpret statutes with social welfare to further the statutory goal, the Gujarat High Court has directed the Labour Court at Jamnagar to re-examine the issue of awarding interest to the Petitioner workmen. The Petitioners had submitted that there is no discussion on the issue as to why the interest was not awarded to them.Justice Biren...
NCTE Act | Service Of Show Cause Notice Vital For An Educational Institution, Affords Opportunity To Put Forth Their Stand Qua Alleged Deficiencies: Delhi HC
The Delhi High Court has observed that the service of show-cause notice is a vital communication for an institute as it affords an opportunity to them to put forth their stand qua the alleged deficiencies, failing which adverse consequences are bound to follow. "This opportunity is thus, crucial for the institutes whose recognition and operation are at stake," Justice Sanjeev Narula added....
'No Iota Of Evidence': Gujarat High Court Upholds Acquittal Of Man Accused Of Counterfeiting Currency Worth ₹2000 In 1995
The Gujarat High Court has declined to overturn the order acquitting Respondent who was accused of counterfeiting currency notes while noting that 'no iota of evidence' came on record to point out the guilt of the Respondent-Accused. The Bench comprising Justice SH Vora and Justice Rajendra Sareen concluded that no incriminating evidence was available against the Accused and that...
S.11 RTI Act | Inter-Caste Marriage Certificate Submitted By Persons Seeking Priority In Public Employment Contain Personal Info, Notice Mandatory: Madras HC
The Madras High Court recently reiterated that informations touching upon the right of privacy of third parties cannot be sought through RTI applications without putting them on notice.Justice Anand Venkatesh was dealing with a plea seeking directions to the Tamil Nadu Information Commission to provide details with respect to persons who have registered themselves in the district...
Two Designated Courts For NIA Cases, Hearing Done Only By One: Delhi High Court Told; Status Report Sought
The Delhi High Court has recently been informed that while there are two designated courts especially dealing with cases under the National Investigation Agency (NIA) Act, hearing is being done only by one Court. Justice Jasmeet Singh, who was hearing a plea raising the issue of long pendency of cases under the NIA Act, sought further status report from the authorities indicating the progress...
Prosecution Must Prove 'Last Seen Theory' Connecting Accused With Commission Of Offence Beyond All Reasonable Doubt: Tripura High Court
The Tripura High Court has held that it is the prosecution which has to prove the "last seen theory", together with the other connecting circumstances, to show that except the accused, no other person could have committed the alleged offence. The observation came from a division bench of Justice T. Amarnath Goud and Justice Arindham Lodh: "It is the prosecution who has to prove...
Outraging Modesty Of Woman: Delhi High Court Quashes FIR Based On Compromise With Condition That Accused Provide Computers In Two MCD Schools
The Delhi High Court has quashed an FIR filed by a woman, working as a domestic servant in the Petitioner's house who is accused of outraging her modesty, following a compromise between the parties. However, it imposed a condition on the Petitioner to provide two fully functional computers each with printers in two schools run by Municipal Corporation of Delhi (MCD)."I am of the view that...
Bombay High Court Weekly Round-Up: July 17 To July 23, 2022
NOMINAL INDEX Rahim Manji Kaba vs Moosabhai Gagji Khetani 2022 LiveLaw (Bom) 256 Satvinder Jeet Singh Sodhi and Anr. vs State of Maharashtra 2022 LiveLaw (Bom) 257 Anand Prabhakar Joshi vs Bank of Maharashtra 2022 LiveLaw (Bom) 258 Santacruz Gymkhana vs State of Maharashtra and Anr. with connected matters 2022 LiveLaw (Bom) 259 Vodafone Idea Limited vs UOI and Ors 2022...
Candidate Cannot Complain Of Alleged Violations In Selection Process After Appearing For Interview: Bombay High Court
The Bombay High Court on Friday said that candidates aggrieved by violations of recruitment guidelines should raise their objections before appearing for the interview. "It is well settled that a candidate who is called for the interview and takes part in the interview, cannot turn around and pick holes and contend that the selection process was conducted in violation of the...