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The Court observed that the Labour Court’s Award is not happily worded, especially where it holds that in absence of a police complaint, employee’s act of overwriting on gate pass cannot be considered forgery.
“The persistence of manual scavenging is a stark reminder of the deep-rooted inequalities and discrimination that continue to pervade our society, perpetuating the cycle of poverty, oppression, and exclusion faced by marginalized groups.”
The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.
Police excesses and maltreatment of detainees/undertrial prisoners or suspects, tarnishes the image of any civilised nation, and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.
The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.
The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.
Rajasthan High Court held that “the Commissioner, being a Treasurer is empowered to exercise its control over the Temple and also to receive compensation in lieu of acquisition of the Temple land.”
Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.
NCDRC pointed out that the State Commission’s finding that non-deployment of the airbags when the respondent’s car crashed, warranted punitive damages, was not based on any finding of fact or legal precedent.
Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.
The report states that because of lack of allotment of fund, the payment could not be made to the victims/family members of the victim, till date.
In cases of heinous crimes such like rape and acid attack, conviction can be solely premised upon the testimony of the victim/prosecutrix, but the deposition must be trustworthy, unblemished, credible, and sterling quality.
Rajasthan High Court directed the respondents to pay compensation of Rs. 1,00,000 for the mental agony and litigation costs incurred due to the incorrect measurement of her height during the Physical Standard Test.
Demand of service tax u/s 73-A of Finance Act, 1994 incorrect when broadcaster’s service tax is collected and not retained: CESTAT reiterates
The month of March began with a setback to MPs/ MLAs with Supreme Court stripping them off their immunity if they cast vote after taking bribes and continued with opening the pandora’s box of ‘electoral bonds’ kept safely with SBI.
The High Court strictly noted that such a conduct is unbecoming for a person belonging to legal profession and also reprimanded the Tribunal for withholding the compensation from the petitioner due to a fee dispute between a layer and their client.
The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.
“Severance of employer — employee relationship can never be said to be an easy choice, for it not only results in the employee losing his livelihood, but also affects those who depend on him for their survival. And if the employer is the Indian Army, the loss is even greater, since it has the effect of suddenly displacing a soldier from the regimented lifestyle of the military”
What promised to be a comfort bowl of hot soup and bread, turned out to be an unhygienic mess for the complainant and his family travelling in Executive Class coach of New Delhi to Chandigarh Shatabdi Express.
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 22