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SC: Claimant's Cross Objection Maintainable in Insurer's Appeal Against Award - 31.01.2020

Supreme Court has held that claimant in a motor accident compensation case can file cross-objections in an appeal filed by the insurer against the award. The Court has observed that a conjoint reading of the provisions of Section 173 of the Motor Vehicles Act, 1988, Rule 249 of the Bihar Motor Vehicle Rules, 1992 and Order XLI Rule 22 of the Code of Civil Procedure, 1908 would reveal, that there is no restriction on the right to appeal of any of the parties.

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SC: Accused Released on Anticipatory Bail Need Not Surrender and Seek Regular Bail for Recovery - 31.01.2020

Supreme Court has held that "limited custody" or "deemed custody" to facilitate the requirements of the investigative authority, would be sufficient for the purpose of fulfilling the provisions of Section 27 of the Indian Evidence Act, 1872, in the event of recovery of an article, or discovery of a fact, which is relatable to a statement made during such recovery or during deemed custody. In such an event, there is no necessity to ask the accused to separately surrender and seek regular bail.

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Delhi High Court States Use of Chemicals to Ripen Fruits Amounts to Poisoning Consumers - 31.01.2020

Delhi High Court has observed that use of pesticides and chemicals to ripen fruits amounts to poisoning the consumer while noting that invoking penal provisions against the culprits would have a deterrent effect.

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Supreme Court: Anticipatory Bail Can be Given Till Completion of Trial - 30.01.2020

Supreme Court has held that the discretionary power of Courts to grant anticipatory bail cannot be curtailed and such protection can extend till the end of the trial. The Court has further held that anticipatory bail should not invariably be limited to a fixed period unless there are any special or peculiar features necessitating the Court to limit the tenure of anticipatory bail.

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Kerala High Court Strikes Down Rule Mandating E-Payment of Wages - 30.01.2020

Kerala High Court has struck down Rule 21A (2) of the Kerala Minimum Wages Rules, 2019 which mandated the payment of wages electronically through bank accounts. The Court, however, has upheld the other amendments brought through the Kerala Minimum Wages (Amendment) Rules, 2015 regarding the maintenance of electronic records relating to the wage information of employees and uploading of the same through the 'Wage Payment System" developed by the Department.

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Madras High Court: Retired Employees Can Form Unions Under Trade Union Act, 1926 - 30.01.2020

Madras High Court has held that even retired employees of an institution have the right to form an association/ trade union under the Trade Unions Act, 1926. The Court further observed that the Authority is bound to register the Association formed by the retired employees unless there is any prohibited ground for not registering the same.

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SC: Regular Inquiry Needed When Termination of Employee's Service is Stigmatic and Punitive - 30.01.2020

Supreme Court has held that a regular inquiry as per the service rules is necessary for the termination of the services of an employee when it is stigmatic and punitive.

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Madras High Court: No Service Tax on Notice Pay Recovery by Employer from Employee - 30.01.2020

Madras High Court has ruled that the amount received by an employee from the employer on premature termination of the contract or notice pay recovery of employment will not be chargeable to Service Tax.

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Gujarat High Court: Lawyer Fee Can be Deducted from Taxable Income - 29.01.2020

Gujarat High Court has held that the lawyer fee / legal assistance expenditure taken by the Assessee on day to day basis for the purpose of business can be treated as revenue expenditure, deductable from Taxable Income.

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Supreme Court Dismisses Nirbhaya Convict Mukesh's Plea Against Mercy Rejection by President - 29.01.2020

Supreme Court has dismissed the plea of Mukesh, one of the four convicts in the Nirbhaya Case, against the rejection of mercy plea by the President. The Court has held that there was no merit in the contention that no material was placed before the President for the decision. The Bench added that alleged ill-treatment and cruelty in jail is no ground to grant mercy and that the President has acted expeditiously is no ground to hold that there was non-application of mind.

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