HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on Liquor Policy Scam; False article on Anant Ambani Interview; Reservation for Disabled Persons; Organ donation; and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court
Cases Reported in HCC
(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual
‘Extracting work from Junior Advocates without payment is exploitation and in violation of fundamental rights’; Madras HC suggests for minimum stipend
“The function of the Bar Council is to ensure that the livelihood of these lawyers is protected by fixing minimum stipend to be paid in the event of engaging the services of the junior lawyers, who have enrolled.”
Read why Supreme Court sets aside Madras HC bail order granting bail to PFI Members in UAPA case
“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”
‘Love and affection are intangible sentiments’ Madras HC allows organ donation for transplantation, between un-related individuals
“Though the Act does not ban donation of kidney in favour of a person who is not a near relative and the only restriction is that transplantation can be done only after prior approval by the State Authorisation Committee, yet the transplant surgeons are hesitant to carry out kidney transplants between unrelated persons.”
Madras High Court upholds Government Order Mandating 40% marks in Tamil paper for Group IV Government Posts
“Group IV Government employees engage in direct communication with the public for which knowledge of Tamil is essential and requirement of 40% marks in language paper is Sine Qua Non for Efficient Discharge Of their functions”
‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders
“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”
Cases Reported in HCC
(2023) 2 HCC (Bom) Income Tax—Finance Act, 1987—Settlement of inheritance rights—Liability to pay tax—The receipt of an amount for retirement from the
Madras High Court appoints wife as guardian for person as well as properties of husband in coma; Allows her to sell property for his treatment
Madras High Court was satisfied that the family is without any means and that unless the property is allowed to be dealt with, great hardship will be caused to them.
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Electro Homeopathy; Right to Education; Universal Studios; Custodial Torture, and more
A quick legal roundup to cover important stories from all High Courts this week.
Cases Reported in HCC
Bombay High Court Service Law—Upgradation of Pay—Petition against denial of financial upgradations under the Assured Career Progression Scheme (ACPS) and the Modified
Madras HC directs for exhumation and re-postmortem of deceased after wife alleges death by custodial torture
Madras High Court viewed that the suspicion of the petitioner that her husband died of custodial torture is reasonable and cannot be brushed aside easily.
‘No teaching, suggestion or motivation in prior art to make it obvious to a person skilled in art’; Madras HC remands patent application to Controller for reconsideration
Since about 12 years have elapsed from the date of application, Madras High Court directed that the Patent Application be disposed of within a maximum period of three months from the date of receipt of a copy of this order.
Date of commencement of selection process for appointment to be taken into consideration for old pension scheme not the date of appointment order or joining date: Madras HC
The old pension rules do not apply to those appointed on or after 01-04-2003.
Employees must fulfill requisite qualification for promotion to the post of ‘Assistant Manager’ in State Transport Corporation: Madras HC upholds seniority list
“In terms of Rule 60(d)(i) of the Common Service Rules, when the appointment is to the post in the grade of “Assistant Manager (Legal)”, one must have five years of experience in the feeder category viz., the post of “Senior Superintendent”
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
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Madras HC directs police to provide security for organization of dance and music events during temple festivals
Madras High Court said that the election process has concluded, and the polling has already taken place. Thus, it asserts that such grounds cannot be deemed acceptable for not permitting the temple festival.
‘Rule 3(7) of IT Rules not iniquitous, draconian or harsh on taxpayers’; SC holds bank employees’ interest-free loans taxable as perquisites
“When there is certainty and clarity, there is tax efficiency which is beneficial to both the tax payer and the tax authorities. These are all hallmarks of good tax legislation.”
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Manual Scavenging; Union Minister Amit Shah; Rape & Murder of 6-yr-old; Victims of Terrorism; and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court refuses to transfer 3-year-old son’s custody to biological mother; Grants her liberty to visit him once a week
Madras High Court closed the Habeas Corpus Petition with a liberty to the petitioner to visit her minor child at the house of the respondent 5, once a week