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POSH Act, Disciplinary Authority Bound By Findings Of Fact Given By Internal Complaints Committee: Madras High Court
In a landmark ruling by the Madras High Court, the enforcement of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was emphasized. This case revolved around the alleged misconduct by Dr. A. Kumar, a faculty member at Madras Christian College (MCC), and the subsequent…
POCSO Case, Courts should not make unfounded assumptions against lawyers: Kerala High Court
Ernakulam, May 27, 2024: In a significant ruling, the High Court of Kerala has quashed an order from the Fast Track Special Court (POCSO) in Thrissur that required the accused's lawyer to submit an affidavit affirming that the victim's statement recorded under Section 164 of the Criminal Procedure Code (Cr.P.C.) would…
Office Attached To Residential House Of Advocate Cannot Be Exempted While Calculating Plinth Area For Computing Luxury Tax: Kerala High Court
In a recent judgment, the Kerala High Court has clarified an important aspect of the Kerala Building Tax Act, 1975. The ruling addressed whether a room in a residential house, used as an office by an advocate, can be exempted from the calculation of the plinth area for tax purposes. This case was presided over by The…
Driving Her To Civil Court Is Not Proper: Madras High Court Appoints Wife As Guardian Of Comatose Husband, Allows Her Sell To Properties For Medical Expenses
Madras, May 23, 2024: In a landmark judgment, the High Court of Judicature at Madras has appointed S. Sasikala as the guardian of her husband, Thiru. M. Sivakumar, who is in a vegetative state, allowing her to manage his properties. This judgment, delivered by The Hon'ble Mr. Justice G.R. Swaminathan and The Hon'ble…
Correction of Date of Birth In Service Records Cannot Be Claimed As A Matter Of Right: Kerala High Court
In a significant ruling, the High Court has overturned a decision by the Central Administrative Tribunal (CAT), Ernakulam Bench, regarding a belated request for correction of date of birth in service records. This decision, anchored on Section 21 of the Administrative Tribunals Act, underscores the importance of…
Special Marriage Act, union between Hindu and Muslim not valid under Muslim Law: Madhya Pradesh High Court
The petitioners, XYZ, approached the court seeking protection and legal recognition for their inter-religion marriage under the Special Marriage Act. The key highlights of the case and the court's decision are as follows: 1. The Petition: The petitioners sought the following reliefs: i. Protection from the family…
Article 226 in Action, Over Dimensional Cargo Can't Be Penalized For Reaching Earlier Than Estimated Time: Allahabad High Court
In a recent judicial development, the Allahabad High Court, presided over by Hon'ble Justice Shekhar B. Saraf, delivered a significant verdict under Article 226 of the Indian Constitution. The case, titled M/S Ace Manufacturing Systems Limited vs. State Of U.P And 3 Others, involved a writ petition challenging a…
Motor Vehicle Act Is A Beneficial Legislation, Should Be Interpreted In Favour Of Affected Persons: Madras High Court
In a recent development, the High Court of Judicature at Madras delivered a significant judgment related to compensation under the Motor Vehicles Act, 1988. The case in question, titled CMA Nos.423 and 828 of 2021, involved a tragic accident that occurred on June 23, 2018, resulting in the loss of life of a young…
Court Denies Bail To 'Maulvi' Accused Of Forcibly Changing Religion Of Mentally Retarded Minor: Allahabad High Court
In a significant legal development, the Allahabad High Court has rejected the bail application of Maulvi Syed Shad Kazmi, also known as Mohd Shad, in a case involving allegations of forced religious conversion under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The case has been…
Court Cannot Be Silent Spectator When Accused Tries To Delay Trial Under Guise Of Fair Opportunity: Madras High Court
Coimbatore, April 12, 2024: In a significant ruling, the Honourable Dr. Justice G. Jayachandran of the High Court of Judicature at Madras dismissed a Criminal Original Petition filed under Section 482 of the Criminal Procedure Code. The petitioners, Imrankan, Nowsathkan, and E. Razeethabegam, sought to recall three…