News Updates
Employees Can't Be Held Responsible If Employer Grants Terminal Benefits In Excess Of Their Entitlement: Gujarat High Court Quashes Recovery Order
The Gujarat High Court has set aside an order of the Ahmedabad Municipal Corporation directing recovery of Rs. 63,878 from its former employee on the ground that the terminal benefits were wrongly granted to him at a higher pay-scale than he was entitled to.Justice Biren Vaishnav relied on several decisions of the High Court where it was held that when employees are paid excess amount,...
[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. However, the delay in moving such applications must be sufficiently justified. A single bench of Justice C. Hari Shankar further stated that any such delay must meet...
Survivor Objects To Dileep Impleading In Her Plea Before Kerala High Court Seeking Fair Investigation In Actor Assault Case
The survivor in the 2017 actor sexual assault case has filed an objection before the Kerala High Court against the impleading petition filed by actor Dileep in her plea where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case.In her objection, the survivor has contended that the plea was filed to prevent...
Bombay High Court Directs National ART & Surrogacy Board To Decide Lawyer Couple's Plea For Transfer Of Cryo-Preserved Embryo
The Bombay High Court has directed the National Assisted Reproductive Technology and Surrogacy Board to expeditiously decide a Mumbai based couple's plea to transfer their cryo-preserved embryos from a hospital to an IVF clinic. This will be the first case to be decided by the National Board, counsel for the Ministry of Health and Family Welfare said. The lawyer-couple approached the...
Journalist Conducts 'Reality Check' By Procuring COVID E-Passes In Name Of Donald Trump, Amitabh Bachchan: HP High Court Quashes FIR
The Himachal Pradesh High Court today quashed a criminal case against a Zee News Journalist registered under various sections of IPC and IT Act for conducting a 'reality check' on e-pass registration for inter-State movement by procuring COVID E-passes in the name of Donald Trump and Amitabh Bachan.The Bench of Justice Vivek Singh Thakur observed that since Journalist Aman Kumar...
Sufficient Material & Solid Reasons Required For Declining Parole: Punjab & Haryana High Court
The Punjab and Haryana High Court while allowing a criminal writ petition challenging refusal of parole to the petitioner-convict has held that release on parole is part of the reformative process. The bench comprising Justice G. S. Sandhawalia and Justice Vikas Suri further added that provisions of Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962 are a reformative...
Arbitration Clause Contained In A Tax Invoice Is Binding: Delhi High Court
The Delhi High Court has ruled that an arbitration clause contained in a tax invoice is binding between the parties. Noting that the opposite party had earlier received similar tax invoices, against which it had made payments, the Single Bench of Justice V. Kameswar Rao ruled that the party could not disown the clear stipulation contained in the tax invoice with regard to any dispute...
No Appeal Can Be Maintained By 'Victim' U/S 372 CrPC On The Ground Of Inadequacy Of Sentence: Allahabad High Court
The Allahabad High Court has reiterated that no appeal can be maintained by the victim under Section 372 CrPC on the ground of inadequacy of sentence and therefore, the appeal preferred by the 'victim' [as defined under Section 2w (wa) of the Cr.P.C.] of the crime against the inadequacy of sentence is not maintainable.The bench of Justice Mohd. Faiz Alam Khan in its order clarified that...
Animal Sacrifice During Bakrid Permissible Subject To Statutory Prohibitions: Gauhati High Court
The Gauhati High Court has made it clear that slaughter of animals on the occasion of Bakrid is permissible, subject to the prohibitions contained in various statutes including the Prevention of Cruelty Animal Act, 1960, the Food Safety and Standards Act, 2006 and the Assam Cattle Preservation Act, 2021.A bench comprising Justices Manash Ranjan Pathak and Manish Choudhury upheld...
Even If The Principal Agreement Is Non-Existent, The Arbitration Clause Would Still Apply: Delhi High Court
The Delhi High Court has ruled that even if the principal agreement is non-existent, the arbitration clause contained therein would still apply. The Single Bench of Justice V. Kameswar Rao observed that since the issue of limitation and arbitrability was not conclusive against the party, the issue was amenable to the jurisdiction of the Arbitral Tribunal. The petitioner...
Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court
The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the trial. The...