SUPREME COURT DISMISSES EX-GOOGLE EMPLOYEE’S PETITION ALLEGING RELIGIOUS DISCRIMINATION AT WORKPLACE
Case Title: Zahid Showkat Alias Mir v Joint Secretary, Prime Minister’s Office & Ors.
Recently SupremeCourt dismissed a writ petition filed by an Ex Google employee under Article 32 of Indian Constitution. The Bench led by CJI set aside the petitioner Zahid Showkat’ plea alleging religious discrimination at the workplace. The termination was due to the private contract which should be pursued in the labour court through legal remedies, government can not intervene in such matters.
Legal Provisions:
- Article 32- Writs of Supreme Court, for seeking enforcement of Fundamental Rights.
- SC dismissed the petition as it is arised out of employment private contract not on religious grounds.
- Labour Court deals with such disputes
Source: Supreme Court of India
KERALA HIGH COURT QUASHES PROCEEDINGS AGAINST PEPSICO INDIA DUE TO LACUNAE IN FOOD SAFETY LAWS
Case Title: Pepsico India Holdings Pvt. Ltd v State of Kerala
The High Court of Kerala set aside criminal charges against Pepsico India which was due to contradictory findings from the Food Analyst and Referral Food Laboratory.. The Criminal charges were for selling misbranded green tea. The inadequacy in the Food Safety and Standards Act, 2006 were spotted by the Court and also mentioned the almaring need to amend and ensure the availability of unadulterated food.
Legal Provisions:
- Section46(4) FSS Act- Grants appeal against Food Analyst Report.
- The Court mentioned that prosecution can only proceed if the Referral Laboratory confirms yhe Food Analyst’s findings.
- Also the Court propelled the Central Government to address the loopholes.
Source: Supreme Court of India
SUPREME COURT CRITICIZES ALLAHABAD HC FOR DISMISSING FIR QUASHING PETITION AS INFRUCTUOUS
Case Title: Vidhu Gupta v State of UP
In a recent case, the apex Court quashed Allahabad High Court judgement that set aside the FIR. The petition was about dismissing the FIR and High Court has declared it ‘infructuous’ on the basis that petition is already arrested
The Court criticised the High Court’s approach and dismissed the order, allowing interim bail relief to the petitioner until final decision comes in, restoring the petition for reconsideration.
Legal Provisions:
- Article 226 of the Indian Constitution and Section 482 of the CrPC, where the petitioner sought quashing of the FIR.
- The High Court must consider all combinations before passing the order, Sc reiterated that arrest can not set aside any FIR quashing petition.
Source: Supreme Court of India
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