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Employers Must Deposit Gratuity Amount and Interest Before Filing Appeal under Section 7(7) of the Payment of Gratuity Act: Kerala High Court
This judgment was delivered by the Kerala High Court in a writ petition filed by Kerala State Financial Enterprises Ltd., commonly known as KSFE. The case arose when KSFE challenged an order passed by the Regional Joint Labour Commissioner, Kollam, who functions as the Appellate Authority under the Payment of Gratuity…
Wife’s Ineligibility for Maintenance Due to Concealment of Income Does Not Bar Residence Order under DV Act: Delhi High Court
The Delhi High Court, in an important ruling, has clarified that a wife being denied monetary maintenance due to concealment of income does not automatically take away her right to residence under the Protection of Women from Domestic Violence Act, 2005. Justice Swarana Kanta Sharma passed this order while deciding a…
Bail Granted by Magistrate Related to Accused Vitiated by Bias-in-Law; Order Cancelled with Interim Relief Granted: Punjab & Haryana High Court
The Punjab & Haryana High Court has delivered a significant ruling emphasizing judicial impartiality, holding that even a distant familial relationship between a Judge or Magistrate and an accused can vitiate a judicial order if it creates a real likelihood of bias. Justice Sumeet Goel quashed a regular bail order…
Cheque Bounce and Cash Transaction Over Rs. 20,000: Court Denies Quashing of Complaint Under Section 138 N.I. Act - Gauhati High Court
Case Background: In a significant ruling by the Gauhati High Court, the petition filed by Fokhoruddin Ali Ahmed seeking the quashing of a complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act) was dismissed. The complaint was registered by Akbar Ali for an alleged default on a cheque payment…
Proof of Occurrence Crucial; Victim’s Minority Cannot Salvage Doubtful Prosecution, Accused Acquitted in Gang Rape Case: High Court of Jammu & Kashmir and Ladakh
The Jammu & Kashmir and Ladakh High Court has delivered an important judgment clarifying that the minority of an alleged rape victim cannot by itself sustain a conviction unless the prosecution first proves that the alleged crime actually occurred. The ruling was delivered by Justice Mohammad Yousuf Wani, who allowed…
10-Year Jail Term Upheld for Tamil Nadu Woman in 23.5 kg Ganja Case; Challenge to Sample Irregularities Rejected: Supreme Court
The Supreme Court of India delivered a decisive ruling clarifying the legal limits of compassionate appointments, holding that such appointments cannot later be used as a ladder for promotion or reappointment to higher posts. The Court set aside a judgment of the Madras High Court which had permitted two sweepers,…
Compensation Denied in Twin Death Accident Case; Karnataka Findings on Failure to Prove Involvement of Alleged Vehicle Upheld: Supreme Court
The Supreme Court of India brought an end to a long-standing motor accident compensation dispute arising out of a tragic road accident in Karnataka, which resulted in the death of two young men. The Court declined to interfere with the concurrent findings of the Motor Accident Claims Tribunal, Shimoga, and the…
Registration of Criminal Case in Foreign Country Does Not Bar Prosecution in India on Same Facts under Section 337 BNSS: Orissa High Court
The Orissa High Court examined an important question of law relating to double jeopardy and the prosecution of offences committed partly in a foreign country and partly in India. The case arose from a bail application filed by Soumya Ranjan Panda, who was accused of committing serious financial irregularities…
Passport Issuance Directed for 7-Year-Old After Authorities Denied It Citing Father’s ‘Illegal Migrant’ Status: Bombay High Court
The Bombay High Court, Goa Bench, came to the aid of a seven-year-old girl, Xami Dha Tirakita Kaye, by directing the authorities to issue her an Indian Passport and to declare her an Indian Citizen under the Citizenship Act, 1955. The Court intervened after her application for a passport was rejected despite her birth…
Bail Granted by Judge to Her Distant Relative Cancelled: Punjab and Haryana High Court
The Punjab and Haryana High Court examined a serious allegation of judicial bias in a criminal matter where regular bail had been granted to an accused. The controversy arose after it was revealed that the Judicial Magistrate Ist Class Vandana, who granted bail to the accused, was his distant relative. The case before…
