Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
10 months, 1 week ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. The Management argued that the workman was appointed in a semi-skilled category under terms governed by the Certified Standing Order, which included a transfer clause. Observations by the High Court: The High Court found that the Certified Standing Order did not explicitly or implicitly provide for the transfer of workmen in the eventuality of establishing a new unit or factory. The High Court found the Management's arguments, based on the Certified Standing Order or The Industrial Employment Act, 1946, inapplicable to the facts and circumstances of the case, as the necessary clauses for transfer to a new unit or factory were not present in either explicit or implied terms.

Court Management Transfer Order Termination High Panipat Haryana High Court Workman Punjab Haryana Workmen Unfair Punjab Original Place Unfair Punjab Haryana  place  workman  workmen  management  high  original  unfair  punjab  haryana  termination  valid  transfer  panipat  standing  reasons  order  court

History of this topic

P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case
1 month, 3 weeks ago

P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case

Live Law  

The Punjab & Haryana High Court has refused to drop disciplinary proceedings initiated against a judicial officer, a member Superior Judicial Services accused of granting excessive compensation in a road accident case based on "extraneous consideration." 20,69,688/- and Rs.18,25,400/- in two separate MACT cases, the High Court also alleged that the same are based on some extraneous consideration without specifying …

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 months, 1 week ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC
3 months, 1 week ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law  

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land
4 months ago

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land

Live Law  

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.Despite the fact that the High Court had granted liberty to the Petitioner to approach the appropriate authority in first round of litigation, the petitioner filed SLP for second …

Minor Children's Difficulty In Adapting To New Academic Environments Insufficient Grounds To Void Transfer Order:Delhi High Court
4 months, 2 weeks ago

Minor Children's Difficulty In Adapting To New Academic Environments Insufficient Grounds To Void Transfer Order:Delhi High Court

Live Law  

Delhi High Court: Justice Girish Kathpalia dismissed the writ petition filed by Ravinder Mandal and found no grounds for malafide intent behind the issuance of his transfer order. The High Court concluded that the transfer was a legitimate administrative action aligned with Mandal's contractual obligations as a transferable employee, and his non-compliance with the order constituted misconduct. Background Ravinder Mandal, …

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost
9 months ago

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost

Live Law  

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".While noting that there is no merit in the petition, a devision bench of Justice Sureshwar …

Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court
10 months, 3 weeks ago

Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. Feeling aggrieved, the Management approached the Himachal Pradesh High Court to challenge the decision of the Tribunal. Observations by the High Court: The High Court noted …

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
10 months, 3 weeks ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall …

Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court
10 months, 3 weeks ago

Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court

Live Law  

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that once the termination of a Workman is declared illegal, the remedy is limited to either reinstatement or a lumpsum compensation. Considering the impracticality of reinstatement due to passing of substantial time after termination and the Workman's proximity to retirement age, the High Court held …

Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court
10 months, 3 weeks ago

Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dharmesh Sharma held that Section 30 of the Employees Compensation Act, 1923, which provides for appeals against orders of compensation and other related matters, can only be exercised when the appeal involves a substantial question of law. Feeling aggrieved, the Management approached the Delhi High Court and filed an appeal under Section …

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
11 months ago

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman

Live Law  

The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33 of the Industrial Disputes Act. The Management argued that the Workman remained silent for six years following the dismissal …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
11 months ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
11 months, 4 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

[Industrial Disputes Act] Labour Tribunal Competent To Order Reinstatement Of Workman If Order Of Dismissal Found Unjustified: J&K High Court
1 year ago

[Industrial Disputes Act] Labour Tribunal Competent To Order Reinstatement Of Workman If Order Of Dismissal Found Unjustified: J&K High Court

Live Law  

Emphasising the authority of labour courts and tribunals to order reinstatement the Jammu and Kashmir and Ladakh High Court has said that when a worker's dismissal is deemed unjustified the Tribunal may by its award set aside the order of discharge or dismissal and direct reinstatement of the workman. Debunking a contention that Labor Tribunals lack the competence to pass …

50 Important Judgments Of Punjab & Haryana High Court: 2023
1 year, 1 month ago

50 Important Judgments Of Punjab & Haryana High Court: 2023

Live Law  

50 Important Judgements Of Punjab & Haryana High Court- 20231.Give Two Separate Dates For Publication Of Proclamation U/S 82 CrPC & For Appearance Of Accused 30 Days Thereafter: P&H High Court To MagistratesCase Title: Jagjit Singh @ Jaggi v. State of PunjabCitation: 2023 LiveLaw 2In an attempt to prevent violation of Section 82 of the CrPC dealing with issuance. High …

Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post : Supreme Court
1 year, 3 months ago

Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post : Supreme Court

Live Law  

A Supreme Court bench comprising Justices Hima Kohli and Rajesh Bindal on Thursday in an order dealing with the issue of deeming voluntary retirement in a Bipartite Agreement held that a master-servant relationship continues during the period of suspension and the workman is under obligation to follow all the rules governing his post during that period. On failure to join …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 5 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 6 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

Supreme Court Issues Notice To P&H High Court On Plea Seeking Transparent Transfer Policy For Staff Of District Judiciary
1 year, 6 months ago

Supreme Court Issues Notice To P&H High Court On Plea Seeking Transparent Transfer Policy For Staff Of District Judiciary

Live Law  

The Supreme Court recently issued notice to the Punjab and Haryana High Court in a petition filed by a Court staff challenging his transfer. He contended that in the absence of a transfer policy, Grade III and IV employees working in subordinate courts under the High Court faced arbitrary transfers which are often punitive in nature. For fair adjudication and …

Recording Adverse Remarks In Transfer Orders Uncalled For, Should Not Be Used Against Transferee Officer: Punjab & Haryana High Court
1 year, 7 months ago

Recording Adverse Remarks In Transfer Orders Uncalled For, Should Not Be Used Against Transferee Officer: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has observed that recording adverse remarks in transfer orders such as “having links with accused indulging in intoxicant material and illegal mining” is not called for and should not be used against him.While acknowledging that the respondents are well within their competence to transfer an employee for administrative reasons or for any reason as. …

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
1 year, 7 months ago

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947. “.Retrenchment as it stood at the relevant time, termination …

Krishna Janmabhoomi case: Allahabad HC gives last chance to respondents to file reply
1 year, 11 months ago

Krishna Janmabhoomi case: Allahabad HC gives last chance to respondents to file reply

Hindustan Times  

The Allahabad high court on Tuesday gave last chance to the respondents to file their replies by April 7 through e-mode in response to a petition seeking transfer of Sri Krishna Janmabhoomi case, in which Hindu devotees have claimed right over land on which Shahi Idgah Masjid is built, from a Mathura court to the high court. The HC was …

Arbitration Cases Monthly Round-Up: January 2023
2 years, 1 month ago

Arbitration Cases Monthly Round-Up: January 2023

Live Law  

Supreme Court: Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would …

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC
2 years, 3 months ago

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC

Live Law  

Punjab and Haryana High Court recently reiterated that apart from the claim of "equal pay for equal work" under Article 39 of the Constitution of India, the concept of equality will also apply to temporary employees and they can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same …

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court
2 years, 6 months ago

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court

Live Law  

The Himachal Pradesh High Court has made it clear that in case a government employee requires transfer on account of individual hardship, such employee may approach the employer with his request. However, a recommendation made by a Member of Parliament on such employee's behalf cannot be sustained.The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice. …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 7 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court
2 years, 7 months ago

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court

Live Law  

The Gujarat High Court has held that where the disengagement of workmen by an employer is under dispute, the former claiming illegal termination and the latter asserting voluntary resignation arrangement, the Labour Court may direct deposit of ex-gratia amount in the interim.Justice Biren Vaishnav thus upheld a Labour Court's decision directing the workmen to deposit the ex-gratia amount. The Gujarat …

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers
2 years, 8 months ago

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers

Live Law  

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. Justice Biren Vaishnav had taken up both Special Civil Applications for the final hearing and relied extensively on Manager, Naaz …

Employees Can't Be Held Responsible If Employer Grants Terminal Benefits In Excess Of Their Entitlement: Gujarat High Court Quashes Recovery Order
2 years, 8 months ago

Employees Can't Be Held Responsible If Employer Grants Terminal Benefits In Excess Of Their Entitlement: Gujarat High Court Quashes Recovery Order

Live Law  

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 …

Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)
2 years, 9 months ago

Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)

Live Law  

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw 94 Constitution of India, 1950; Article 226 - Appeal against Karnataka High Court judgment which set aside the judgment of the Karnataka Administrative …

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022
2 years, 11 months ago

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022

Live Law  

NOMINAL INDEX Bhavinkumar Kantilal Gajera vs State Of Gujarat 2022 LiveLaw 130 Maheshbhai Govindbhai Patel vs Mother Dairy Fruit And Vegetable Pvt Ltd 2022 LiveLaw 131 Rameshbhai Dhulabhai Katara Versus State Of Gujarat 2022 LiveLaw 132 Priteshkumar Bipinbhai Dave vs State Of Gujarat 2022 LiveLaw 133 Sardar Patel Seva Trust Versus The Regional Provident Fund Commissioner II 2022 LiveLaw 134 …

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court
2 years, 11 months ago

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated that when a Labour Court directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court, the employer is be liable to pay such workman during the period of pendency of such proceedings in the High Court. Referring to Section 17B of the Industrial Disputes Act, the …

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court
3 years ago

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court

Live Law  

"It is held that the workmen can proceed under Section 33C of the I.D.Act only after the Tribunal has adjudicated on a complaint under section 33A or on a reference under section 10 of the I.D. The Labour Court, subsequently, awarded INR 1,29,034 as differential amount of wages under Section 33C. Judgement The Bench identified the primary issue worth consideration …

'Employer Misappropriated The Money Of Employee By Refusing Him Pension'; Madras High Court Slams Transport Corporation
3 years ago

'Employer Misappropriated The Money Of Employee By Refusing Him Pension'; Madras High Court Slams Transport Corporation

Live Law  

Madras High Court has recently criticised the state transport corporation for withholding pensionary benefits along with arrears since 2009 to a person who is more than 75 years old now.Calling the action of the appellant corporation as 'arbitrary', the bench of Justices S. Vaidyanathan and Mohammed Shaffiq added that the entitlement of pension was already decided by Labour Court and …

P&H High Court To Hear Challenge To Haryana's 75% Job Reservation For Locals Law On March 3, Centre Asked To File Reply
3 years, 1 month ago

P&H High Court To Hear Challenge To Haryana's 75% Job Reservation For Locals Law On March 3, Centre Asked To File Reply

Live Law  

The Punjab and Haryana High Court will hear a challenge to the Haryana law which provides 75% reservation for local people in private sector jobs having a monthly salary of less than Rs 30,000, on March 3.The Bench of Justice Ajay Tewari and Justice Pankaj Jain has also asked the Central Government to file its response to the bunch. The …

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court
3 years, 1 month ago

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court

Live Law  

Gujarat High Court Bench comprising Justice Biren Vaishnav while allowing the Petition challenging the order terminating the Petitioner's services has observed as follows; "The employer is not allowed to hire and fire even if the employee, maybe ad hoc or probationer, and the services cannot be given a go-bye by one stroke of pen on the ground of misconduct by …

"Equal Pay For Equal Work" Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt: Supreme Court
3 years, 1 month ago

"Equal Pay For Equal Work" Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt: Supreme Court

Live Law  

"Equal pay for equal work" is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government, the Supreme Court remarked in a judgment delivered on Thursday The bench comprising Justices DY Chandrachud and Bela M. Trivedi observed that the equation of post and determination of pay scales is the primary …

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]
4 years, 4 months ago

Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]

Live Law  

The Punjab and Haryana High Court on Friday asked the Police authorities to look into the process of registering FIRs in the State and ensure that matters involving civil disputes are not given the colour of a criminal case. In order to avoid harassment in the matters involving civil disputes, it is need of the hour that the police department …

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]
4 years, 8 months ago

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]

Live Law  

The Supreme Court has withdrawn to itself a writ petition pending before the Punjab and Haryana High Court challenging a notification issued by the State of Haryana providing for 10% vertical reservation for economically backward persons in general category in certain fields of public employment. The State of Haryana opposed the Transfer plea contending that in Commissioner of Services Tax …

Consumer Complaints By ‘Subsequent Transferee’ Of Flats Not Always Barred, Clarifies SC [Read Judgment]
6 years, 4 months ago

Consumer Complaints By ‘Subsequent Transferee’ Of Flats Not Always Barred, Clarifies SC [Read Judgment]

Live Law  

‘The decision of this Court in Haryana Urban Development Authority cannot be stretched to say that in every case where there is a transfer, the complaint by the subsequent transferee would not be maintainable at all. “The Supreme Court has held that consumer complaints by ‘subsequent transferee’ of flats are not always barred.The bench comprising Justice Uday Umesh Lalit. The …

Consumer Complaints By ‘Subsequent Transferee’ Of Flats Not Always Barred, Clarifies SC [Read Judgment]
6 years, 4 months ago

Consumer Complaints By ‘Subsequent Transferee’ Of Flats Not Always Barred, Clarifies SC [Read Judgment]

Live Law  

‘The decision of this Court in Haryana Urban Development Authority cannot be stretched to say that in every case where there is a transfer, the complaint by the subsequent transferee would not be maintainable at all. “The Supreme Court has held that consumer complaints by ‘subsequent transferee’ of flats are not always barred.The bench comprising Justice Uday Umesh Lalit. The …

CBI asks Supreme Court to reopen Bofors case
7 years, 1 month ago

CBI asks Supreme Court to reopen Bofors case

Deccan Chronicle  

New Delhi: The Central Bureau of Investigation moved the Supreme Court after 12 years, challenging the Delhi High Court order quashing the charges against the Hinduja brothers in the Rs 64-crore Bofors payoff case. CBI: Hershman wants to testify in Bofors case The petition relies on a media interview given by Mr Michael Hershman, president of the US-based private detective …

Lalu Prasad’s Transfer Petition In Fodder Scam Case Rejected
7 years, 6 months ago

Lalu Prasad’s Transfer Petition In Fodder Scam Case Rejected

Live Law  

The Jharkhand High Court on Thursday rejected RJD supremo Lalu Prasad’s plea to transfer a case related to fodder scam from a special CBI judge’s court to another court.Justice Aparesh Kumar Singh read out his decision on Thursday. The Jharkhand High Court on Thursday rejected RJD supremo Lalu Prasad’s plea to transfer a case related to fodder scam from a …

Lalu Prasad’s Transfer Petition In Fodder Scam Case Rejected
7 years, 6 months ago

Lalu Prasad’s Transfer Petition In Fodder Scam Case Rejected

Live Law  

The Jharkhand High Court on Thursday rejected RJD supremo Lalu Prasad’s plea to transfer a case related to fodder scam from a special CBI judge’s court to another court.Justice Aparesh Kumar Singh read out his decision on Thursday. The Jharkhand High Court on Thursday rejected RJD supremo Lalu Prasad’s plea to transfer a case related to fodder scam from a …

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]
8 years, 4 months ago

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]

Live Law  

The Punjab and Haryana High Court has slammed the state while observing that in a large number of cases, orders passed by the writ court are not being complied with within the stipulated time frame. The court also warned that exemplary costs would be deducted from the salary of erring officials.In a case dealing with land acquisition, petitioner Delhi Fransalian …

HC orders Haryana power discom to pay Rs 1.84 cr to 34 workmen
10 years, 1 month ago

HC orders Haryana power discom to pay Rs 1.84 cr to 34 workmen

Hindustan Times  

Almost after a two-decade-long fight, the 34 workers of Uttar Haryana Bijli Vitran Nigam have been awarded Rs 1.84 crore as arrears. Punjab-and-Haryana-High-court-HT-Photo Not only this, shocked over the highhandedness of the management of the power distribution company, the Punjab and Haryana court has imposed a cost of Rs 1 lakh on the power discom and told the managing director …

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents
10 years, 1 month ago

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents

Live Law  

A 3 judge bench with a majority of 2:1 allowed a transfer petition filed by the complainant based on his apprehensions of biasness. The majority judgment authored by Justice T.S.Thakur for his lordship and Justice Adarsh Kumar Goel directed transfer of the case from ADJ, Rohini's Court to Sessions Judge, Tis Hazari Court to be tried. The revision petition before …

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents
10 years, 1 month ago

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents

Live Law  

A 3 judge bench with a majority of 2:1 allowed a transfer petition filed by the complainant based on his apprehensions of biasness. The majority judgment authored by Justice T.S.Thakur for his lordship and Justice Adarsh Kumar Goel directed transfer of the case from ADJ, Rohini's Court to Sessions Judge, Tis Hazari Court to be tried. The revision petition before …

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