Legal Update as on 28.12.2022

legal-updates
  1. GAUHATI HC – CANNOT ALLOCATE DAMAGES FOR ADDITIONAL WORK PERFORMED WITHOUT EMPLOYER’S CONSENT – According to the Gauhati High Court, when the agreement did not call for any further labour, the arbitrator cannot rely on Section 70 of the Indian Contract Act to grant damages for the extra work performed without the employer’s prior authorization.
    THE SPORTS AUTHORITY OF ASSAM V. LARSEN AND TURBO, CASE NO. ARB. A. 7 OF 2020
  1. J&K&L HC – CAN’T OBJECT TO THE PROCEDURES OF THE ENQUIRY COMMITTEE AFTER PARTICIPATING IN THEM WITHOUT OBJECTION – According to the Jammu and Kashmir and Ladakh High Court, if a person participates in the inquiry processes without objecting, he is not entitled to question the composition of the enquiry committee after learning that the outcome of the inquiry was unfavorable to him.
    Dr. RK Vs UT of J&K.
  1. J&K&L HC – S.482 CRPC CANNOT BE INVOKED TO CHECK THE CORRECTNESS OF ALLEGATIONS- While noting that the court’s authority under Section 482 of the Criminal Procedure Code must be applied with extreme discretion, the Jammu and Kashmir and Ladakh High Court has ruled that, unless in extremely unusual circumstances, the court cannot review the accuracy of the charges in a complaint.
    M/S RASHMI METALIKS LTD. & ANR VS M/S JINDAL SAW LTD. & ORS.
  1. BOM HC – BOMBAY HC IMPOSES COST ON LAW FIRM FOR DISCLOSING RAPE VICTIM’S NAME IN PETITION – The Bombay High Court observed that, despite Section 228A of the IPC and repeatedly informing Advocates that disclosing the name of a rape victim is a crime punishable by two years in prison, the name of the prosecutrix is disclosed in the petition, and imposed costs on the law firm that drafted the petition.
    XXX vs XXX
  1. DEL HC – SPEAKER CAN’T MAKE APPOINTMENTS WITH SECRETARIAT IN DELHI HC – While observing that Article 187 of the Constitution applies to states for having separate secretarial staff and cannot be applied to Delhi, which is a Union Territory, the Delhi High Court has held that the Speaker or any authority under it has no competence to make appointments to the House Secretariat.
    SIDDHARTH RAO v. GOVERNMENT OF NCT OF DELHI & ORS

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates