Tripura High Court

Divorced Daughter Not Entitled to Family Pension if Divorce Occurs After Parent’s Death: Tripura HighCourt
Divorced Daughter Not Entitled to Family Pension if Divorce Occurs After Parent’s Death: Tripura HighCourt

The Tripura High Court ruled that a daughter who obtains a divorce after the death of her pensioner-parent is ineligible for a family pension.

The Court held that under the Tripura State Civil Services (Revised Pension) Rules, 2017, eligibility must be established at the time of the pensioner's death. 

The petitioner was a "married daughter separated from her husband" when her father passed away in 2018, only obtaining a legal divorce in 2021.

The Court emphasized that while unmarried, widowed, or divorced daughters are protected, the rules do not extend to separated married daughters, and the judiciary cannot "rewrite" these statutory limits.

[Ujjala Rani Paul v. Agartala Municipal Corporation]

Read Details / 2 days ago

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Penalty for Delay in Compensation Must be Paid by Employer, Not Insurance Company: Supreme Court
Penalty for Delay in Compensation Must be Paid by Employer, Not Insurance Company: Supreme Court

The Supreme Court ruled that an employer must personally pay the penalty for delaying compensation under the Employees’ Compensation Act, 1923, even if the compensation amount is covered by insurance.

The Court clarified that the penalty under Section 4A(3)(b) arises from the employer’s own default and cannot be shifted to the insurance company.

The case arose after an employee died in a work-related accident and compensation was not paid within the statutory period.

While the insurer may pay compensation and interest, the Court held that the penalty must be borne by the employer to ensure timely payment and maintain the deterrent purpose of the law.

Read Details / a month ago

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Supreme Court Dismisses Appeals in Actress Prathyusha Death Case, Upholds Abetment Conviction
Supreme Court Dismisses Appeals in Actress Prathyusha Death Case, Upholds Abetment Conviction

The Supreme Court of India has dismissed appeals in the 23-year-old death case of Telugu/Tamil actress Prathyusha, ruling out allegations of murder and rape.

A Bench of Justices Rajesh Bindal and Manmohan held that consistent eyewitness accounts and medical evidence established death by poisoning. The Court noted that Prathyusha and her boyfriend, Gudipalli Siddhartha Reddy, had consumed poison amid opposition to their relationship, though Reddy survived.

Rejecting the defence of accidental intake, the Court found Reddy guilty of abetment to suicide for procuring the poison and directed him to surrender within four weeks.

It also termed the postmortem conducted by Dr. Muni Swamy unprofessional.

[Gudipalli Siddharta Reddy v. State (C.B.I.)]

Read Details / a month ago

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Tripura High Court Strikes Down Fixed Pay Rule for New Government Recruits
Tripura High Court Strikes Down Fixed Pay Rule for New Government Recruits

The Tripura High Court struck down a 25-year-old State policy mandating fixed pay for the first five years of service for newly recruited government employees, holding it to be unconstitutional.

The Court ruled that employees appointed to sanctioned posts through competitive examinations are entitled to draw regular pay from the first day of service.

It observed that continuation of fixed pay after a regular appointment violates principles of equality and service jurisprudence.

The Court allowed the writ petitions filed by teachers and other employees, while directing petitioners to pay costs and permitting them to seek further relief if the government fails to implement the decision.

Read Details / 2 months ago

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Social Media Posting is a Fundamental Right : Tripura High Court
Social Media Posting is a Fundamental Right : Tripura High Court
  • Case Name: Arindam Bhattacharjee V The State Of Tripura

The Tripura High Court, led by Chief Justice Akil Abdulhamid Kureshi, ordered that posting on social media is a fundamental right of all individuals under Article 19(1)(a). 

The court quashed the FIR against Arindam Bhattacharjee, a Congress youth activist, who was arrested for criticising the BJP’s CAA campaign in a Facebook post. 

The FIR Section 153A (promoting enmity) and Section 120B (criminal conspiracy) of IPC were removed following the order.

The court clarified that even government employees may attend political gatherings and express their views on social media without hesitation, provided they do not violate specific conduct rules under Rule 5 of the Tripura Civil Service (conduct) Rules 1988.

Read Details / 9 months ago

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Tripura HC Directs Timely Distribution of ₹11 Crore Recovered from Chit Fund Scams to Defraud Investors
Tripura HC Directs Timely Distribution of ₹11 Crore Recovered from Chit Fund Scams to Defraud Investors

The Tripura High Court, in a suo motu PIL, directed the state government to ensure prompt and equitable distribution of ₹11 crore recovered from chit fund and NBFC scams, including those involving Rose Valley, Sarda, and Waris, to defrauded depositors. 

The court has asked the government to file a formal distribution plan and publish details in newspapers.

During the June 25 hearing, the Court appointed Senior Advocate Purushottam Roybarman as amicus curiae and mandated the CBI to appoint a Superintendent of Police in Tripura to accelerate its investigation.

The matter will be heard again on July 8.

Read Details / 9 months ago

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