Daily Legal Updates – 27/08/2022

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CBSE Not A Statutory Body – its decision, the Supreme Court ruled that a writ petition bringing service disputes against private educational institutions is unconstitutional if such disputes are not covered or governed by the statutory provisions. (St. Mary’s Educational institute vs Rajendra Prasad Bhargava)

Unilateral Arbitrator Appointment is not valid – In its recent ruling, the Delhi High Court held that power conferred on one party to unilaterally choose names from a panel of arbitrators and forward them to the other party for selection violates the principle of arbitral impartiality. (Overnite Express Limited VS. Delhi Metro Rail Corporation)

District Magistrate has no Power to Hear the Borrower – In an order observing that the District Magistrate’s (DM) jurisdiction only applies to assisting secured creditors in acquiring secured assets under SARFAESI Act, the Bombay High Court held that the DM is not permitted to hear the borrower or third parties during the hearing of secured creditor’s application. (Phoenix ARC Private Limited Vs. The State of Maharashtra & Ors)

Consider Employment if Religious Tattos Removed – As a result of a contempt petition, Allahabad High Court ruled that the Central Government should adhere to its March 7 order in which it directed the Centre and SSB to consider the candidature of three SSB Exam candidates who had been denied employment due to tattoos, should such tattoos be removed. (Avneesh Kumar And Another v. Dr Sujoy Lal Thaosen,Director And 2 Others)

Reinstate Employee with Backwages – It has been held by the Gujarat High Court that reinstatement benefits are a ‘normal course’ that should follow once employment contracts violate Section 25F of the Industrial Disputes Act. (Savitaben Mangalbhai Haijan v/s Superintendent)

Gokart is not a vehicle – According to the Karnataka Authority of Advance Rulings (AAR), Go-karts cannot be registered as motor vehicles with a Regional Transport Authority (RTO), and therefore are not classified under Chapter Tariff Heading 8703 of the First Schedule of the Customs Tariff Act, 1975 as “motor vehicles intended for carrying passengers or persons.”

No corrupt practices on the “grounds of religion” – A petition challenging the 2016 election of Veena George to the Kerala State Assembly has been dismissed by the Supreme Court of India. (VR Soji vs Veena George SLP(C) No. 12656/2022 IV-C)

8 Years Delay, Actions not maintainable – While quashing notices issued against banks in 2002 for explanation of transactions in 1992-1993, the Supreme Court ruled that authorities must initiate proceedings within a reasonable period of time. (B.R. Gavai; J., Pamidigantam Sri Narasimha Vs. Citi Bank & Anr) 

Financial Crunch is a Valid Ground – The Supreme Court has held that the financial burden on the State can be a valid ground for fixing a cut-off date for payment of revised pensions while upholding Rule 3(3) of Tripura State Civil Service (Revised Pension) Rules. (State of Tripura v. Anjana Bhattacharjee)

Citizen right to establish an educational institution can only be restrained by legislation –  In accepting the argument that citizens can not be denied the right to establish educational institutions unless the legislature imposes reasonable restrictions, the Delhi High Court held that restriction under Article 19(1)(g) must be enacted by law, otherwise it would be in breach of Article 19(6). (Mehta Teacher Training College Vs. National Council for Teacher Education & Anr

Appointment of Law Officers, keep it transparent – It has been stressed by the Allahabad High Court that the system of selection and appointment of State Law Officers needs to be reformed and it should be made more transparent and objective. (Rama Shankar Tiwari Alias Rama Shankar And Others v. State Of U.P.)

Discrimination in gun license – It has been ruled by the Gujarat High Court that license renewal can’t be discriminated against by renewing one license and deny it to another based on criminal antecedents of both co-accused persons. (Premnarayan Mewalal Giri v/s State of Gujarat)

Workers cannot be starved – Release the Salary – The Kerala High Court has ordered that the competent authority release the amounts needed for KSRTC to pay salaries for July and August, along with bonus amounts to all employees below managerial rank, before September 1. (R. Baji & Ors. v. KSRTC & Ors.)

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