Era Realtors Private Limited Versus Prakash Shah& Another (High Court of Judicature at Bombay, 14-03-2024)
Latest Judgements
Chennai Petroleum Corporation Limited [CPCL] & Others Versus National Green Tribunal Southern Zone, Chennai & Others (High Court of Judicature at Madras, 14-03-2024)
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Punnappadam Kakkod Puthanpally Juma-Ath & Others Versus The Kerala State Waqf Board & Another (High Court of Kerala, 14-03-2024)
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Avula Indira Chittoor & Another Versus G. Chenchaiah & Others (High Court of Andhra Pradesh, 13-03-2024)
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Amrut & Others Versus The State of Maharashtra (In the High Court of Bombay at Aurangabad, 12-03-2024)
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AIGP Developers (Pune) Private Limited Versus The State of Maharashtra & Others (High Court of Judicature at Bombay, 08-03-2024)
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State of Tamil Nadu & Another Versus CREDAI, CHENNAI & Others (High Court of Judicature at Madras, 06-03-2024)
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Upendra Kantilal Thanawala & Others Versus Shreeram Builders & Others ( High Court of Judicature at Bombay, 05-03-2024)
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TOP STORIES
Indian Penal Code, 1860 - Sections 376(A)(B) and 376(F) - Protection of Children from Sexual Offences Act - Section 4, Section 6 & Section 10 - Code of Criminal Procedure, 1973 - Section 482 – Quash - on the ground of settlement – Rape - merely because compromise took place between the parties is not a ground to exercise powers under Section 482 of the CrPC.
The offence is registered for the offences punishable under Sections 376(A)(B) and 376(F) of the IPC and sections 4, 6 and 10 of the POCSO Act. The offences alleged are not only against a person but against the State. Hence, merely on the basis of settlement, as a matter of right, the petitioner cannot claim to quash and set aside the proceedings. (CDJ 2024 GHC 296)
Constitution of India - Article 226 - Prevention of Corruption Act, 1988 - Limitation Act- withholding of increment and suspension -
period of suspension cannot be treated as a period spent on duty.(CDJ 2024 BHC 579)
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Section 7, Rule 40 Section 8 and Section 9 - withdrawal of resignation before communication of its acceptance does not hold water -
Non-communication of acceptance of resignation cannot be treated as invalid as there is no imposition of guidelines for acceptance of resignation upon the management (CDJ 2024 SC 363)
FROM CDJ CITATIONS
Prevention of Corruption Act, 1998 - Sections 7, 13(1)(d) read with Section 13(2) - Service Matter - Death-cum-Retirement Gratuity - Claim for -
When can be granted - Respondent in appeal was working as Village Extension Officer, in course of his employment Vigilance Department registered a crime alleging that he had received Rs.500 as bribe and he was suspended from service and was later reinstated in service - He retired from service on superannuation while working as General Extension Officer - On conviction in a criminal case for violation of integrity norms in performance of official duties and an appeal pending before High Court, is employee still entitled to release of his Death-cum-Retirement Gratuity is the moot point arising for consideration in the present appeals - In view of there being a divergence of opinion, Division Bench considered it appropriate to refer matter to a larger Bench as two applications before KAT had produced different results.
Court Fees Act, 1870 - Section 7 –Code of Civil Procedure, 1908 - Section 96, Order 7 Rule 11, Section 80, Section 151, Section 115 – Dificiency in court fees –
Applicability of Section 7 of Act, 1870 in Money suit - Money suit for compensation/damages filed – High Court allowed the revision petition filed by the respondent Dev Brat Sharma and further proceeded to reject the application of the appellant under Order 7 Rule 11 read with Section 151 of Code of Civil Procedure after setting aside the order dated 10.11.2016 passed by the Trial Court holding that the respondent (plaintiff before the Trial Court) was required to make good deficiency in the Court fees on the amount of Rs. 20 Lakhs claimed by him as compensation
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