High Courts judgments

Karnataka HC ruled writ petitions against private unions to restrain strikes during conciliation are not maintainable. Employers may seek limited relief before Industrial Tribunals under Section 62(1)(d) to enforce statutory strike prohibitions. The ruling clarifies alternate remedies for employers facing illegal strikes during conciliation.

The Gauhati High Court dismissed appeals by five accused convicted of murder and rioting in a land dispute over a community hall, upholding life imprisonment. The Court rejected claims of private defence, prioritizing ocular evidence over technical flaws and affirming the trial court's findings.

Rajasthan HC imposes coercive measures including personal appearance and salary attachment for wilful disobedience of a regularization order in Writ Petition No.4916/2021. The court held finality of its regularization judgment and directed officials to comply within three months or face contempt penalties.

Bombay HC rejects non-teaching staff claim for two additional increments under GR 30/04/1984, holding the classification between teachers and non-teaching staff as reasonable under Article 226. The ruling clarifies that the policy benefits under the GR are limited to teachers only.

Bombay HC rejects review plea challenging compensation calculation under the Employees Compensation Act, 1923, affirming that actual wages must be considered post-2009 amendment despite a government notification imposing a cap. The ruling clarifies that the 2009 amendment removed the deeming cap on monthly wages, extending compensation based on actual earnings.

Bombay HC (Aurangabad Bench) set aside dismissal of a motor accident claim, applying contributory negligence to reduce compensation by 50%. The claimant, with 41% permanent disability, received Rs. 1,32,677 plus 9% interest despite initial dismissal due to self-negligence allegations.

Bombay High Court (Aurangabad Bench) quashed an FIR under BNS Section 69 after parties amicably settled personal disputes, aligning with the Supreme Court's approach in Madhukar. The ruling reinforces Section 482 CrPC's role in quashing FIRs where compromise is genuine and not coercive.

Uttarakhand State Consumer Disputes Redressal Commission ruled educational institutions do not qualify as 'service providers' under the Consumer Protection Act, 1986, exempting them from refund claims for statutory functions. The decision clarifies the scope of consumer redressal for admission fee disputes in educational institutions.

The High Court of Madhya Pradesh set aside a trial court's dismissal of a specific performance suit, ruling that a genuine agreement existed despite defendants' denial and subsequent sham sale to defeat the contract. The court emphasized that sham transactions executed within weeks of the agreement were acts of fraud, entitling the plaintiff to specific performance.

Bombay High Court (Aurangabad Bench) set aside a preventive detention order under the MPDA Act, 1981, for lack of application of mind and failure to establish a live nexus with public order disturbances. The Court reiterated that preventive detention cannot substitute prosecution and must be grounded in objective material, not merely past criminal record.

Bombay HC holds arbitration clauses travel with assigned rights where original agreement permits assignment and borrower accepts assignee's rights. Interim protection granted under Section 9 includes restraint on alienation of hypothecated assets and bank guarantee for admitted liability of Rs.7.60 crores.

Bombay High Court rules part-time service qualifies as 50% of qualifying service for pension under the Old Pension Scheme, interpreting Rule 57 Note 1 of the Maharashtra Civil Services (Pension) Rules, 1982. The judgment clarifies eligibility for employees with part-time service seeking superannuation pension benefits.

The Andhra Pradesh High Court directed regularisation of a daily wage employee with 30 years of service, waiving the statutory 5-year condition under the Andhra Pradesh (Regulation of Appointment to Public Services) Amendment Act, 1998. The ruling underscores that perennial work and decades of indispensable service override technicalities, reinforcing constitutional protections under Article 21. State governments must now justify denial of regularisation on stronger grounds.

Allahabad HC directs Lucknow Police Commissioner to initiate departmental inquiry against officers harassing a petitioner despite no FIR, reinforcing Article 21 protections. The ruling underscores accountability for extralegal police conduct and mandates safeguards against victimization.

Allahabad HC rules Housey/Tambola played exclusively by members in a private club does not constitute taxable 'entertainment' under U.P. Act, setting aside Rs. 6.91 lakh demand. Ruling clarifies scope of entertainment tax for non-profit member-based activities.

Kerala High Court ruled that baseless extramarital allegations and a spouse's attempted suicide constitute mental cruelty under Hindu Marriage Act. The judgment allows a divorce petition, emphasizing the spouse's conduct as sufficient grounds for dissolution.

Rajasthan High Court quashes termination of contractual medical staff, directing regularisation after citing apex court rulings against exploitation through outsourcing. The ruling reinforces protections for temporary employees performing essential roles, ensuring job security and benefits parity.

Madhya Pradesh High Court appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, ruling that threshold issues such as limitation and jurisdiction must be decided by the arbitrator under the doctrine of kompetenz-kompetenz. The decision reinforces the arbitral tribunal's authority to rule on its own jurisdiction, impacting parties in partnership disputes invoking arbitration clauses.

Madhya Pradesh High Court directs the School Education Department to honor earned leave encashment up to 300 days for state employees, aligning with Finance Department circulars and Rule 25 of the Civil Services (Leave) Rules, 1977. The ruling impacts all state government departments still enforcing the 240-day cap.

MP High Court rules indefinite freezing of an entire bank account for a single disputed transaction of Rs. 20,000 violates Articles 14 and 21. Directs banks to restrict freezes to the disputed amount only, protecting innocent account holders from disproportionate hardship.

The Madhya Pradesh High Court dismissed a writ petition after finding suppression of material facts regarding a pending civil suit, reinforcing the clean hands doctrine. The ruling underscores the necessity of full disclosure in writ jurisdiction to prevent abuse of process.

Madhya Pradesh High Court set aside a First Appellate Court's order reversing a trial court's refusal of an injunction, emphasizing that appellate interference under Order 43 Rule 1 CPC requires reasoned analysis and adherence to procedural safeguards. The ruling clarifies the scope of appellate jurisdiction in injunction disputes involving property and registered wills.

Rajasthan High Court dismisses writ petition challenging SARFAESI Act recovery proceedings, emphasizing Supreme Court's strict stance under Article 226 against entertaining writs in financial debt disputes absent exceptional circumstances. The ruling reaffirms the primacy of alternate remedies in banking recovery actions.

Bombay High Court upheld CAAR's classification of 20 kg bulk pet food bags under CTH 2309 1000 as retail packs, emphasizing packaging, labeling, and completeness. The ruling impacts importers disputing tariff classification and customs duty liability.