[POSH Act] 'Formation Of ICC Cannot Be Challenged After Receiving Unfavourable Result In Its Inquiry': Bombay High Court

The Bombay High Court has held that once an employee has voluntarily participated in the proceedings before an Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, they cannot later challenge the validity of its constitution merely because the outcome of the inquiry is unfavourable.A Division Bench of Justice Ravindra V. Ghuge and Justice Ashwin D. Bhobe was hearing a writ petition that sought to...

'Higher Credence Is Given To Award Passed After Detailed Pre-Arbitral Process': Bombay High Court

The Bombay High Court has held that arbitral awards passed after a detailed pre-arbitral process contractually agreed upon by the parties deserve a higher degree of credibility and judicial deference. The Court refused to grant an unconditional stay on the execution of an arbitral award in favour of the contractor, holding that mere disagreement with the arbitral tribunal's findings does...

Kerala High Court Conducts In-Camera Proceedings In Sabarimala Gold Loss Case

The Kerala High Court on Tuesday (October 21) conducted in-camera hearing of the Sabarimala gold loss case. A notification in this regard was issued by the High Court's Registry on Monday (October 20).Accordingly, today, a Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar took up the matter in-camera. On the last hearing, flagging the issue of contradicting and false media reports being circulated related to the case, the Court had ordered the...

Remarks About Sikhs | 'Mere Apprehension Of Offence No Ground For FIR' : Varanasi Court Rejects Plea For FIR Against Rahul Gandhi

A Court in Uttar Pradesh's Varanasi district last week dismissed an application filed under Section 173(4) BNSS seeking registration of an FIR against Leader of Opposition in Lok Sabha, Rahul Gandhi, for his alleged 'provocative' remarks about the Sikh community made during his US visit earlier this year. The Additional Chief Judicial Magistrate, MP/MLA Court, Varanasi noted that the applicant only expressed 'apprehension' that Khalistani terrorists might use Gandhi's speech to...

Research Associate Vacancy At Various Benches Of National Company Law Tribunal

National Company Law Tribunal invites application for the post Research Associate.Name of the Post: Research Associate Age Limit: 30 Years Essential Qualification and Experience • Candidate should be a Graduate in Law (including an Integrated Degree Course in Law under 10+2+3+3 or 10+2+5 pattern) with a minimum aggregate of 50% marks from any School/College/University/Institute established by law in India and recognized by the Bar Council of India for admission as Advocate or Attorney of an...

Orissa High Court Quashes 'Strange' Order By POCSO Court Denying Bail To School Principal Booked In Bailable Offence

The Orissa High Court has quashed an order passed by a Special Court under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') which denied bail to the Principal of a Higher Secondary School for failing to report alleged sexual harassment meted out to a minor female student by a Lecturer.While setting aside the impugned order, the Bench of Justice Gourishankar Satapathy expressed shock that despite the alleged offence under Section 21(2) of the POCSO Act being 'bailable' in...

Old Pension Scheme As Per Job Advt Can't Be Denied Because Employees Joined After Cut Off Date; Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that appointees selected pursuant to advertisements issued prior to 01.01.2004 are entitled to the benefits of the Old Pension Scheme, even if their actual appointment or joining occurred after the introduction of the New Pension Scheme. Background Facts An advertisement was issued by the Indian School of Mines, Dhanbad, on 02.09.2003 for the post of Senior...

CA-Certified Audited Statements Are Valid Proof Of Actual Expenditure: Delhi High Court Partly Upholds Arbitral Award Against NHAI

The Delhi High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by National Highways Authority of India (NHAI) against an arbitral award passed in favor of Hindustan Construction Company Ltd. (HCC). The court further held that the arbitrator's award of compensation for expenses incurred during extended time...

Hyderabad Court Restrains Infringement Of Actor Chiranjeevi's Personality Rights; Says His Voice, Image & Titles Are His 'USP'

A Hyderabad Court in an interim order last month, restrained various media platforms, YouTube channels, clothing companies and other entities from using names and titles associated with former state minister and Telugu actor Chiranjeevi for commercial use, thereby protecting his personality rights. In doing so the court held that if the actor's reputation was damaged due to unsolicited associations it could not be compensated monetarily.The court of Chief Judge, City Civil Court (Hyderabad)...

Orissa High Court Sets Aside Family Court Order Denying Visitation Rights To Father Pending Custody Battle, Orders Fresh Consideration

The Orissa High Court has recently set aside an order passed by a Family Court whereby the biological father was denied visitation rights to meet his son while the custody case is pending for consideration.A Single Bench of Justice Sanjay Kumar Mishra gave much emphasis to the visitation rights of parents and underlined that such rights should be determined keeping in view the best interest of the child. In the words of the Court –“Since visitation right is an important right of either of the...

'Unrelated Party To Contract Cannot Be Regarded As Veritable Party To Arbitration Agreement': Bombay High Court

The Bombay High Court has held that an unrelated third party to a contract cannot be treated as a “veritable party” to the arbitration agreement and hence cannot be compelled to participate in the arbitral proceedings. The Court reiterated that the doctrine enabling non-signatories to be treated as parties to an arbitration agreement applies only where there exists a close relationship, such as within a group of companies, or where there is an alter ego or composite transaction linking the...

Magistrate Order Summoning Accused Despite Cancellation Report Can Be Challenged In Revisional Jurisdiction: Delhi High Court

The Delhi High Court has ruled that an order passed by a Magistrate issuing process or summoning an accused, despite a cancellation report filed by the police, can be challenged in revisional jurisdiction before the sessions court or the High Court.“Thus, it can be concluded that an order of a Magistrate issuing process or summoning an accused under Sections 200 to 204 Cr.P.C. does not fall within the bar of Section 397(2) Cr.P.C. Such an order is intermediate or quasi-final in nature, and...