Indian Legal Updates
Jurisdiction of HC in Respect of Orders of NCDRC
In Parkwood Developers Pvt Ltd v Hardesh Mehta [2024] GCtR 2964 (Delhi) it was held that merely because NCDRC had allowed petition, the jurisdiction would not vest with Delhi High Court and observing that since the cause of action had arisen in Kolkata and the matter had been dealt with by the State Commission of West Bengal, it was held that the jurisdiction of High Court of Calcutta should have been invoked.
Frivolous Cases, Role of Lawyers and Ulterior Purpose
In the case of Rajesh Wadhwa v. State [2024] GCtR 2963 (Delhi), it was commented that "time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for ulterior purpose. It is also unfortunate to see that lawyers are advising and instigating parties to file such frivolous cases. Time has come to sensitize lawyers as well so as to ensure that the process of law is not abused".
S.306 of IPC, Mens Rea and Harsh Decisions of the Employer
In the case of Dr. G.K. Arora v. State [2024] GCtR 2962 (Delhi), it was held that "a person holding a certain post, whether in private sector or public sector, in the course of duties have to take certain decisions which at time can be harsh causing hardship to an employee. The same cannot, in the absence of the requisite mens rea, be termed as an action which would amount to incitement/abetment in terms of Section 306 of the IPC."
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