Editor_4, Author at SCC Times

Bombay HC grants pension to former MOIL employee who was denied benefit despite being eligible as he had resigned, not superannuated

“Such inter se discrimination between resignation simplicitor (on health grounds) and resignation for joining another CPSE, even though a similar Scheme is not available, in fact is clearly discriminatory, and has no nexus with the object sought to be achieved.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

OREAT upholds denial of welfare society’s complaint regarding builder’s violation of RERA Act; Cites non-applicability of Act to projects completed before commencement

OREAT held that completion certificates issued by registered architects or engineers as permitted by BDA as per Section 20 of the ODA Act in respect of projects completed prior to the commencement of the RERA Act would not be invalid as that would render all the projects in Odisha, which have received completion certificates from the registered architects or engineers in the pre-RERA period, ongoing, on the date of commencement of the RERA Act and consequently require their registration.

Case Briefs High Courts

Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court

“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”

Case Briefs High Courts

Read why Madras HC granted bail to temple activist Rangarajan Narasimhan in two FIRs relating to video against Deputy CM Udhayanidhi Stalin

“A reading of the complaint does not attract the provisions of Section 75 of BNS or Section 4 of the Prohibition of Harassment of Women Act. Furthermore, as the other offences are bailable, I am inclined to grant bail to the accused with certain conditions.”

High Court Round Up Legal RoundUp

HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Gurmeet Ram Rahim; Mankind-Sepkind trademark tussle; Gyanvapi Mosque; and more

A quick legal roundup to cover important stories from all High Courts this week.

Army Disability pension for hypertension

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Patently illegal & against the thought process of Armed Forces itself’; AFT grants disability pension to former army personnel suffering from primary hypertension

“The mere fact that the disease manifested itself many years after joining service is sufficient to conclude that the same was attributable to military service because it is an established fact that stress and strain in military service is unique.”

Case Briefs High Courts

Bombay HC denies suspension of sentence of 73-year-old man who raped mentally challenged house help

The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.

Case Briefs High Courts

‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma

“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.

Case Briefs High Courts

‘Third pillar of democracy being treated shabbily’; Punjab and Haryana HC slams State for poor living and working conditions of Judicial Officers

PILs were instituted highlighting the sorry state of affairs of the residential houses for Judicial Officers and of courtrooms. The PIL also recorded that there is lack of residential houses available for the Officers.

Case Briefs High Courts

‘Rape of dead body is horrendous but not rape’: Read why Chhattisgarh HC rejected mother’s plea against acquittal of man for offence under S. 363 and S. 376 (3) of IPC

“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”

Case Briefs High Courts

Dangerous public stunt causing death would amount to culpable homicide and not death by negligence; Punjab & Haryana HC rejects anticipatory bail

“If a soft stand is taken towards such stunts, the roads, which are already unsafe, will become more unsafe for pedestrians and two-wheelers, which account for the maximum number of casualties for pedestrians and two-wheelers in road accidents in this region.”

Case Briefs High Courts

Bombay HC dismisses Shiv Sena (UBT) leader Amol Kirtikar’s petition challenging Ravindra Waikar’s win in the 2024 Lok Sabha Elections

“Amol has thoroughly failed to raise necessary pleadings disclosing the cause of action for setting aside the election of Ravindra under any of the grounds enumerated in Section 100 of the RP Act.”

Case Briefs High Courts

[Devotees Castration Case] | Punjab and Haryana HC sets aside Order by SJM directing CBI to produce documents requested by Ram Rahim

The matter was remanded to the Special Judicial Magistrate for a fresh decision regarding the applications preferred by Ram Rahim and the doctor in view of the present Order.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal grants disability pension to former army personnel suffering from primary hypertension

The applicant was enrolled in the Indian Army in 1985 in a fit state of health and mind, however, after 26 years of service he was diagnosed with primary hypertension @30% for life and was subsequently discharged.

Case Briefs High Courts

UP Amendment to S. 16 of HAMA does not require registration of adoption deeds executed before 1-1-1977: Allahabad HC reaffirms

“The U.P. Amendment in Section 16 was made operative w.e.f. 01-01-1977, as such, according to the provisions under the Hindu Adoptions and Maintenance Act, 1956, there shall be presumption that adoption has been made in compliance of the provisions of the Act unless and until it is disproved.”

Hot Off The Press News

Department of Personnel & Training appoints and extends the additional charge of several Presiding Officers of DRTs

The Appointments Committee of the Cabinet appointed 11 new Presiding Officers and extended the additional charge arrangements of 8 existing Presiding Officers in various cities.

Case Briefs High Courts

‘Medical reimbursement cannot be denied for treatment in hospital unapproved by Insurer’; Kerala HC directs ESIC to reimburse medical expenses

“ESIC’s insistence on an emergency certificate to process the petitioner wife’s claim is untenable and hyper-technical”

Case Briefs High Courts

Bombay HC imposes Rs 1 Lakh cost on Lalit Modi for seeking indemnification from BCCI against ED’s penalty

“In matters of alleged indemnification of the petitioner in the context of penalties imposed upon Lalit Modi by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjustment of revenue surplus prior to re-organisation from ARR of subsequent years post reorganisation not aligned with scheme of reforms under S.131 Electricity Act: APTEL

“As per transfer scheme issued under Section 131 of Electricity Act 2003, the Distribution companies cannot be treated as successors in the interest of the Bihar State Electricity Boards in respect of any surplus found in the books of BSEB relating to the period prior to re-organisation.”

High Court Round Up Legal RoundUp

HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Atul Subhash Suicide Case; Late MM Lawrence; Thanjavur Schoolgirl Suicide; MK Nasar’s release; and more

A quick legal roundup to cover important stories from all High Courts this week.