ALLAHABAD HIGH COURT
Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman
In a writ petition filed, wherein the petitioner alleged that the Company had adopted “unfair labour practices” under Section 2(ra) of the Industrial Disputes Act, 1947 (‘Act’), the Single Judge Bench of Kshitij Shailendra J., has dismissed the petition on the ground that automatic cessation of services rendered by the petitioner does not fall within the definition of ‘retrenchment’ and doesn’t amount to unfair labour practices. Read More
Chairman and Vice-Chairman of Central Administrative Tribunal entitled to same retirement benefits as available to High Court Judges: Allahabad High Court
In a writ petition filed by a retired Vice Chairman of Central Administrative Tribunal, challenging the order dated 26-12-2019, passed by the State Government whereby his representation claiming the benefit of domestic help allowance has been rejected, the division bench of Devendra Kumar Upadhyaya and Om Prakash Shukla, JJ. has held that the petitioner is entitled to Domestic Help Allowance and directed the State to make available the same to the petitioner with effect from 01.03.2008 along with periodical revision, if any, within a month from the date of this order, along with the arrears of the said allowance within the next two months. However, he was not entitled to the payment of interest. Read More
Can a married daughter apply for compassionate appointment in State Government Jobs? Allahabad High Court answers
In a writ challenging the order passed by the General Manager (Administration) of the Bank, wherein the claim of a daughter for compassionate appointment was rejected as only unmarried daughter is eligible for being offered compassionate appointment, division bench of Devendra Kumar Upadhyaya and Om Prakash Shukla, JJ. struck down the word “unmarried” occurring in the note appended to Regulation 104 of U.P. Cooperative Societies Employees’ Service Regulations, 1975 (‘Regulations 1975′) and also, quashed the impugned order. Read More
Allahabad HC grants bail to man having love affair with the deceased on absence of ingredients of abetment to suicide
In a bail application filed praying to release the accused on bail for offences under Sections 306, 504 and 506 of the Penal Code, 1860 (‘IPC’), during pendency of trial, Siddharth,J. while granting bail to the accused said that said that the accused was implicated for committing the offence of abetment of suicide of the deceased, but the ingredients of constituting such an offence also do not appear to be made out against him. Read More
Read why Allahabad HC dismissed contempt proceedings against NOIDA CEO and Gautam Budh Nagar DM in land acquisition case.
In a contempt application filed under Section 12 of the Contempt of Courts Act, 1971 filed for punishing the opposite party for not complying the order of writ Court dated 19-12-2016, wherein the Court had found that as certain constructions were standing over the land which were acquired way back in the year 1990 after incurring huge amount in construction, it would be appropriate to award compensation to the applicants on double market price and in case the compensation was not paid then the land was to revert back to the applicants after construction was removed, Rohit Ranjan Agarwal,J. has reiterated that questions of facts cannot be decided in contempt proceedings and said that applicants are only entitled for compensation for the land over which road has been constructed to the extent of 2520 square meter and remaining land which is being reverted by the authorities to the extent of 6116 square meter be taken back by them. Thus, dismissed the contempt petition against New Okhla Industrial Development Authority (‘NOIDA’) CEO and Gautam Budh Nagar District Magistrate. Read More
Permanent Judges and Additional Judges equally duty bound to perform judicial work: Allahabad HC
In an application seeking review of the judgment and order passed by a co-ordinate Bench of this Court, dismissing an appeal, the division bench of Devendra Kumar Upadhyaya and Subhash Vidyarthi* JJ. while setting aside the review application, said that as far as the judicial powers and duties of the judges are concerned, there is no difference between the Judges appointed under Article 217 of the Constitution of India and the Judges appointed under Article 224. In the event a Judge appointed under Article 224 does not decide any case because he has been appointed under that Article, he would be failing in the performance of his Constitutional duties, and he will be disrespecting his oath. Read More
BOMBAY HIGH COURT
WhatsApp status should be communicated responsibly; Bombay High Court rejects application for quashing of FIR under SC/ST Act
In an application under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash First Information Report (‘FIR’) for offences punishable under Sections 295-A of Penal Code, 1860 (‘IPC’), 3(1)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (‘SC ST Act’), and 67-A of Information Technology Act, 2000 (‘IT Act’), Vinay Joshi* and Valmiki S.A. Menezes, JJ. rejected the same since the applicant indeed posted a WhatsApp status and investigation was underway. Read More
Power to seal cannot be exercised unless expressly conferred by law: Bombay High Court
In a petition seeking urgent relief to unseal the petitioner’s office premises while challenging the authority and jurisdiction of the Assistant Commissioner of Customs to seal the said premises while exercising powers under Section 105 of the Customs Act, 1962 (‘Customs Act’) without any notice, the Division Bench of G.S. Kulkarni* and Jitendra Jain, JJ. directed the Customs authorities to unseal the premises and search for the relevant material in the presence of petitioner’s representatives. Read More
Motor Vehicle Accident Claim | Bombay HC upholds consideration of IT return for Financial Year before death for calculating deceased’s income
In a first appeal preferred by New India Assurance Company under Section 173 of Motor Vehicles Act, 1988 (‘MV Act’) against judgment and award passed by Motor Accident Claims Tribunal, Pune (‘MACT’) on 20-08-2019, primarily on the ground that MACT erred in considering the deceased’s income tax return (‘IT return’) filed after his death, Abhay Ahuja, J. dismissed the same. Read More
Circumstantial Evidence Acquittal: Why did Bombay High Court acquit a woman accused of killing her husband’s second wife?
In an appeal under Section 374 of Criminal Procedure Code, 1973 (‘CrPC’) assailing the judgment and order of conviction passed by the Trial Court on 2-06-2016 which held the appellant guilty and convicted for offences punishable under Sections 302 and 201 of Penal Code, 1860 (‘IPC’), the Division Bench of Vibha Kankanwadi and Abhay S. Waghwase, JJ. highlighted the failure of prosecution to prove circumstances beyond reasonable doubt and extended benefit of doubt towards the appellant. Read More
CALCUTTA HIGH COURT
WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee’s plea against CBI-ED probe to the Chief Justice after ED’s objection
In a case related hearing a plea filed by TMC leader and MP Abhishek Banerjee against an order allowing the CBI and ED to summon him in connection to teacher recruitment scam case in the State of West Bengal, a Single bench comprising of Tirthankar Ghosh,* J., referred the matter before the Chief Justice of High Court at Calcutta to decide the preliminary objection raised by the Additional Solicitor General appearing on behalf of the ED as to determination of the present revision application by this Court. Read More
DELHI HIGH COURT
Delhi High Court orders Tehelka, Tarun Tejpal to pay Rs. 2 crore compensation to a Major General in a defamation suit
A suit was filed by an army officer with a record of impeccable integrity for 36 years, challenging claims made in a media blitz launched that a bribe of Rs. 50,000/- was paid to the plaintiff by defendant 4. Neena Bansal Krishna, J., awarded damages in the sum of Rs. 2,00,00,000/- (Rupees Two Crores) to the plaintiff to be paid by defendants 1 to 4 for having caused defamation, along with the costs of the suit as the plaintiff not only faced a lowering of estimation in the eyes of public but his character also got maligned with serious allegations of corruption which no subsequent refutation can redress or heal. However, the Court dismissed the suit against defendants 5 to 7 as the plaintiff has not been able to prove any act of defamation on the part of defendants 5 to 7. Read More
Delhi High Court dismisses plea challenging the exemption given to Bajrang Punia, Vinesh Phogat from undergoing Asian Games selection trials
In a case wherein the present writ petition was filed under Article 226 of the Constitution by the petitioners, seeking to challenge the decision of the Ad-hoc Committee of the Wrestling Federation of India (‘WFI’) selecting Bajrang Punia, Respondent 3 and Vinesh Phogat, Respondent 4 as wrestlers in 65 Kg (Freestyle Men) category and 53 Kg (Women Wrestling) category (‘categories in question’) respectively to represent India in the Asian Games 2023 to be held in Hangzhou, China from 23-9-2023 to 8-10-2023, a Single Judge Bench of Subramonium Prasad, J.*, opined that it was not the function of the Courts to sit in judgment over the decision arrived at by the experts, if the said decision had been taken in good faith and was not perverse, as it would be risky for the Courts to tread an unknown path while upsetting such decisions. The Court further opined that the decision by the Selection Committee had been taken looking at the performances of Respondents 3 and 4 in the world wrestling events and unlike other sports, there was a greater risk of injury being caused to the players during trials in sports like wrestling and boxing. Thus, the Court dismissed the writ petition. Read More
Is Mughal Mosque near Qutub Minar a protected monument? Delhi High Court directs ASI to produce 109-year-old records
In a case wherein the petitioner, Managing Committee of a Mughal Mosque situated near Qutub Minar had filed a writ petition under Article 226 of the Constitution for an order restraining the respondent authorities from causing interference in the offering of namaz at the mosque., a Single Judge Bench of Prateek Jalan, J., directed the Archaeological Survey of India (‘ASI’) to produce any available records in relation to the issuance of the notification dated 24-1-1914. Read More
[Hate Speech] Delhi High Court sets aside order directing registration of FIR on a complaint by IAS turned social activist Harsh Mander
A petition was filed by the petitioner working as the International Working President of Vishwa Hindu Parishad, who had organised the public meeting. under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking the indulgence of the Court for quashing the impugned order dated 18-02-2020, whereby the Station House Officer (hereinafter ‘SHO’), Police Station Hauz Qazi, Delhi was directed to register an FIR under appropriate sections of law based on a complaint filed by respondent 1. Swarana Kanta Sharma, J., sets aside the impugned order since the complaint filed before the Magistrate did not fulfill the criteria of the presence of incriminating material disclosing any connection of the petitioner with the alleged act of organising the speech delivered by one Swami ji, whose identity remains unknown. Read More
Delhi High Court grants permanent injunction to Calvin Klein for marks ‘CK’, ‘Calvin Klein’, ‘ck one’ used for perfumes
In a case wherein the suit alleged infringement as well as passing off, by the defendants, Xeryus Retail (P) Ltd. of its products as the products of the plaintiff, Coty Germany GMBH, a Single Judge Bench of C. Hari Shankar, J., opined that the assertions of the plaintiff clearly made out a case of infringement, by the defendants, of the plaintiff’s registered trademarks as well as of the defendants unlawfully passing off their own goods as well as testers of the plaintiff as the plaintiff’s goods for commercial sale and thereby defrauding the purchasing public. Thus, the Court granted a permanent injunction in favour of the plaintiff and held that the plaintiff would also be entitled to costs of Rs. 1,00,000, to be paid by the defendants. Read More
PayPal is a ‘payment system operator’ under PMLA; Delhi High Court quashes monetary penalty imposed by Financial Intelligence Unit, India
A petition was filed by Paypal Payments Private Limited (petitioner) impugning the order dated 17-12-2020 passed by the Financial Intelligence Unit India (respondent 1) holding it to be a ‘reporting entity’ under the Prevention of Money Laundering Act, 2002 (PMLA) and consequently proceeding to impose monetary penalties for it failed to comply with the reporting obligations as placed under the PML (Maintenance of Records) Rules 2005. Yashwant Varma, J., held that PayPal is liable to be viewed as a ‘payment system operator’ and consequently obliged to comply with reporting entity obligations as placed under the PMLA. Read More
[Persons with Disabilities] ‘Struggling to be heard’; Delhi High Court requests ASG to represent Centre for effective adjudication of matter
In a case wherein a writ petition was filed by the petitioner, Toshiyas, a registered Society working towards safeguarding the rights and interests of persons with disabilities, seeking issuance of a writ in the nature of mandamus, thereby directing the respondents to take effective measure for compliance of order dated 25-10-2019 passed by the Court of Chief Commissioner for Persons with Disabilities (Divyangjan), a Single Judge Bench of Chandra Dhari Singh, J., requested Additional Solicitor General’s assistance in representing the respondents as there was delay and lack of cooperation from the respondents. Read More
Whether SEBI in exercise of powers under SEBI Act can prevent a bank from proceeding under SARFAESI Act, 2002? Delhi High Court analyses
A petition was filed by ICICI Bank seeking a declaration that the orders passed by the Whole Time Members of the Securities and Exchange Board of India (“SEBI’) dated 29-05-2018 and 14-12-2018 are not applicable to the petitioner bank and that those orders do not prevent the petitioner bank from proceeding further under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act, 2002′) to sell the mortgaged property being at The Palm Springs, Gurgaon. Purushaindra Kumar Kaurav, J., held that the orders dated 29-05-2018 and 14-12-2018 passed by Whole Time Member of SEBI are applicable to the petitioner bank, they however, do not prevent the petitioner bank from auctioning the mortgaged property under the provisions of the SARFAESI Act, 2002. The Court further held the impugned emails dated 29-01-2021 and 18.03.2021 are found to be erroneous and wholly without jurisdiction. Read More
‘Personal guarantor’s claim of getting right to be heard at belated stage not sufficient’; Delhi High Court dismisses petition, leaves matter open for NCLT
In a case wherein the petitioner had filed the writ petition seeking to quash the impugned demand notice issued by the respondent, Rural Electrification Corpn. Ltd. under Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (‘2019 Rules’) invoking the personal guarantees of the petitioner for the total outstanding debt, a Single Judge Bench of Purushaindra Kumar Yadav, J.*, opined that the petitioner’s claim of the guarantor getting a right to be heard at a belated stage, was not sufficient to entertain the present petition. The Court further stated that, if in the present case the petition was entertained, it would eventually subvert the procedure laid down under the Insolvency and Bankruptcy Code, 2016 (‘IBC’) and the respondent in turn would be denied the opportunity to present their case before the concerned NCLT. The Court therefore dismissed the writ petition and left the matter open for NCLT to be decided on merits. Read More
Delhi High Court directs National Rare Diseases Committee to explore possibility of procuring medication for Spinal Muscular Atrophy at affordable price
In a case wherein a petition was filed for making available medication and treatment for children with rare diseases Spinal Muscular Atrophy (‘SMA’) at an affordable price, a Single Judge Bench of Prathiba M. Singh, J., directed that the National Rare Disease Committee (‘Committee’) shall invite companies manufacturing and marketing medicines for SMA to explore the possibility of procuring the medication at a reasonable cost. The Court further directed the Committee to file a status report by the next date of hearing on the progress made by it in negotiation with companies manufacturing and marketing medicines for rare diseases. Read More
[Group of Companies Doctrine] Can non-signatories to an arbitration agreement be impleaded as a ‘party’ by the Arbitral Tribunal? Delhi High Court clarifies
An appeal was filed by the appellant questioning the jurisdiction of an Arbitral Tribunal to join and implead non-signatories to an arbitration agreement post reference of disputes by a court based on the absence of a specific conferral of power as discernible from the provisions of the Arbitration and Conciliation. Yashwant Varma, J., sets aside the impugned order dated 23-12-2021 passed by the Sole Arbitrator and held that the Act confers no authority upon an Arbitral Tribunal to wield powers akin to Order I Rule 10 of the CPC as specifically conferred on national courts. Read More
Delhi High Court | An eviction order is well within the power of District Magistrate under Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016
A petition was filed by the petitioner (son) under Article 226 challenging an order passed by the Divisional Commissioner, GNCTD affirming the order of eviction passed by District Magistrate in an eviction matter filed by the father. Subramonium Prasad, J., held that no fault can be found with the Tribunal and the Appellate Authority in entertaining the petition and passing the Order of eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, as amended from time to time. Read More
‘Children are future of the country’: Delhi High Court stresses accountability in PM-POSHAN Scheme after allegations of rotten food items
In a case wherein petition was filed challenging the order passed by the respondent, Directorate of Education, Mid-Day Meal Branch, whereby the petitioner was debarred from supplying mid-day meals under the Central Government’s Mid-Day Meal Scheme, after allegations of rotten food items, a Single Judge Bench of Subramonium Prasad, J.*, upheld the order of debarment and opined that the though actions undertaken involve due impact on public good concerning the health and wellbeing of children, highest care ought to be taken in ensuring the effective discharge of duties.
Delhi High Court directs Indian Railways to ensure periodic audit for safety and security measures at Stations
In a case wherein a writ petition had been filed as a Public Interest Litigation under Article 226 of the Constitution by the petitioner, who was a practicing advocate in the Delhi High Court, wherein he prayed for directing the respondents to provide safety and security measures at every railway station in India, the Division Bench of Satish Chandra Sharma, C.J.*, and Saurabh Banerjee, J., opined that the measures undertaken by the Indian Railways clearly reflected that the safety and security of passengers was of paramount importance to the Railways, and they had been taking all necessary safeguards to ensure that there was no breach in respect of safety and security of passengers. The Court directed that the respondents should ensure that there was a periodic audit in respect of the safety and security measures in the Indian Railways. Read More
‘Balancing public safety and industrial needs’: Delhi High Court rejects total ban on acid sales, emphasizes stringent implementation of existing rules
In a case wherein the petitioner had filed a Public Interest Litigation for a total ban on over-the-counter sale of acid in retail stores, across Delhi, the Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J.*, rejected the complete ban on acid sales and opined that acid serves various legitimate uses and applications in different industries. The Court further held that the State must focus on stringent implementation of the existing rules and regulations governing the sale. Read More
Sexual Harassment| Teacher-student Relationship a ‘sacred one’; Delhi High Court upholds compulsory retirement of DU professor as punishment
An appeal was filed by the appellant assailing the impugned judgment/order dated 25-11-2019 passed by the Single Judge wherein he dismissed the writ petition assailing the decision of the Executive Council, University of Delhi/respondent 1 imposing the punishment of compulsory retirement upon the appellant on the basis of a Sexual Harassment complaint filed by respondent 2, who is hereinafter referred by the pseudonym, namely Ms. ‘M’ in order to protect her identity. A division bench of Yashwant Varma and Dharmesh Sharma, JJ., held that there has been no illegality, perversity or incorrect approach committed by the Single Judge in passing the impugned judgment, and thus, there is no merit in the present appeal. Read More
Prior approval of Directorate of Education is mandatory for passing termination order under S.8(2) of Delhi School Education Act, 1973: Delhi High Court reiterates
In a case wherein the petitioner had challenged the dismissal order against him, a Single Judge Bench of Mini Pushkarna, J.*, opined that no employee of a recognized private school should be dismissed, removed, or reduced in rank or his services be otherwise terminated, except with the prior approval of Directorate of Education (‘DOE’). Thus, the Court set aside the dismissal order and directed that compensation of Rs. 2,00,000 be released to the petitioner. Read More
GUJARAT HIGH COURT
“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC
In a writ petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for quashing a First Information Report (‘FIR’) filed against the petitioner for offences under Section 323 and 506(2) of the Penal Code, 1860 (‘IPC’) and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC and ST Act’), the Single Judge Bench of Sandeep N. Bhatt allowed the petition and quashed the impugned FIR against the petitioner. Read More
JHARKHAND HIGH COURT
Misuse of Section 498-A, IPC by implicating husband’s relatives in matrimonial disputes; Jharkhand High Court quashes criminal complaint
In a petition filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) for quashing entire criminal proceedings filed against the complainant’s brothers-in-law and sisters-in-law in a case of Section 498-A of Penal Code, 1860 (‘IPC’), including order of cognizance dated 29-09-2011 pending in the Court of Chief Judicial Magistrate, Sanjay Kumar Dwivedi, J. allowed the same to quash entire criminal proceedings while expressing concern over misuse of Section 498-A of IPC and implicating relatives of the husband in matrimonial disputes. Read More
KARNATAKA HIGH COURT
Complaint under S. 498-A, IPC filed by the second wife against the husband and in-laws cannot be maintainable: Karnataka High Court
While deciding the instant matter filed by the accused (‘husband’) being aggrieved by the conviction under Section 498-A of Penal Code, the Bench of S. Rachaiah, J.*, pointed out that the complaint against the husband was filed by his second wife whereas “woman” in Section 498-A, Penal Code, 1860 means and includes a legally wedded wife. Therefore, complaint filed by the second wife against the husband and her in-laws cannot be maintainable. The Court further relied on Supreme Court precedents on the point which had clearly indicated that if the marriage between the husband and wife ended as null and void, the offence under Section 498-A of Penal Code, 1860 cannot be sustained. Read More
KERALA HIGH COURT
‘Prosecution has a duty to explain delay in producing contraband and its condition’: Kerala High Court acquits convict under Abkari Act
In a Criminal Revision Petition directed against the judgment passed by the Appellate Court to confirm the Trial Court’s decision for matter under Section 8(1) and (2) of Abkari Act, Dr. Kauser Edappagath, J. highlighted the unexplained delay of 8 days in producing contraband articles or the details of condition in which the same were kept and acquitted the petitioner by setting aside the impugned judgment. Read More
MADRAS HIGH COURT
Burial at non-designated land contravenes TN Village Panchayats Burial Rules: Madras High Court
In a writ appeal dealing with the question that whether, under the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rule, 1999 (‘Rules 1999′), the burial can take place at a place other than the designated land, more particularly when the designated land exists in the village, the full bench of R. Mahadevan , Dr. G. Jayachandran* and Mohammed Shaffiq, J. held that under Rules 1999, the burial cannot take place at a place other than the designated land. Read More
Read why Madras High Court denied conducting fresh preliminary inquiry against Former CM Edappadi Palaniswami in Highway Tender Scam
In a petition filed by Indian Politician R.S Bharathi under Section 482 of the Criminal Procedure Code, 1973 to direct the Director of Vigilance and Anti-Corruption (‘DVAC’) to register and investigate the complaint against former Chief Minister EK Palaniswami regarding the Highway tender scam, N. Anand Venkatesh while expressing anguish on the complete loss of independent functioning by the Executive, held that the preliminary inquiry report, which was submitted by the Additional Superintendent of Police, Special Investigation Cell, Vigilance and Anti-Corruption, (Enquiry Officer) does not suffer from any apparent illegality or unreasonableness in reaching the conclusion regarding every allegation that was made against EK Palaniswami. Further, it said that there is no reason for conducting another fresh preliminary inquiry as was ordered by the Government, as such a direction has been given only due to the change in the political party that has come to power. The only appropriate remedy in law for RS Bharathi will be under Section 156(3) CrPC. Read More
Madras High Court refuses to grant police protection for conducting Theemidhi Urtchava Celebration at Arulmigu Sri Rudhra Temple
In a writ petition filed for directing the State (respondents) to grant police protection to conduct the Temple festival at Arulmigu Sri Rudhra Maha Kaliamman Aalaya on 14th year of Theemidhi Urtchava Celebration in Sirkali Town, to be held between 23-07-2023 and 01-08-2023. N. Anand Venkatesh, J. while expressing distress that the Court has to encounter writ petitions of this nature on a daily basis during the months where temple festivals are conducted in Tamil Nadu, refused to grant police protection for conducting the temple festival, and left it open to the parties to conduct the festival peacefully without their ego coming to the forefront. Read More
Explained | Madras High Court verdict in a corruption case against police officials
In an interesting case where the Government employees and Police Officials were raising allegations of corruption against each other, a writ petition was filed for quashing the FIR, wherein S.M. Subramaniam, J. has passed the following orders:
- The relief sought for in the present writ petition was not granted, since the trial commenced and is in progress. Further, requested the Judicial Magistrate to expedite the trial and dispose of the case.
- The State was directed to verify the asset declaration given by the police/ respondents and conduct an enquiry with reference to the allegations of disproportionate wealth raised by the Government employees/ petitioners and if there is any contradictions or discrepancies in the declarations.
- Further, the State was directed to verify the mandatory declarations being given by the Police Officials periodically across the state with reference to Rule 9 of the Tamil Nadu Subordinate Police Officers Conduct Rules, 1964, and verify the genuineness of the declarations including all the assets purchased in the name of the family members, relatives. In the event of any discrepancies, contradictions or otherwise, all appropriate actions have to be initiated, including confiscation of illegally accumulated wealth through corrupt practices.
- The State was directed to ensure that Special Cells are constituted in the offices of the Director General of Police and Director General of Vigilance and Anti-corruption by providing separate telephone numbers, mobile numbers/ WhatsApp numbers enabling the citizens to register their complaints or provide information about corrupt activities in Government Departments and instrumentalities of the State.
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Further, the State was directed to ensure that the procedures contemplated for confiscation of properties are being adopted in all corruption cases, and if necessary, interim attachments are also to be made as contemplated under the provisions of law. Read More
ORISSA HIGH COURT
Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC
In a writ petition under Article 226 and 227 of the Constitution of India, wherein an Assistant Teacher was seeking direction to the District Education Officer (‘DEO’), Keonjhar for sanctioning the maternity leave of the petitioner from a period of 6 months, which was denied to her, the Single Judge Bench of Sashikanta Mishra, J.*, allowed the petition and held that the refusal to sanction the maternity leave by the DEO was contrary to law and therefore, cannot be sustained. Read More
S.439(2) confers power only on High Court or Court of Session to cancel bail granted under S. 436 of Cr.PC: Orissa HC
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), against the order of the Court of First-Class Judicial Magistrate (‘JMFC’), wherein the bail bond of the accused was cancelled and the Investigating Officer (‘IO’) was permitted to arrest the accused, the Single Judge Bench of Sashikanta Mishra* J., allowed the petition and held that the impugned order was contrary to law and therefore could not be sustained. Read More
Discharge of Sureties |Courts should not initiate criminal proceedings against the surety in case he seeks to discharge himself: Orissa HC
In a criminal appeal filed under Section 449 of the Code of Criminal Procedure, 1973 (‘CrPC’), against the order of the Additional Sessions Judge (‘ASG’), wherein the appellant was directed to furnish Rs. 20,000/- as penalty in the capacity of a surety for the accused persons, the Single-Judge Bench of S.K. Sahoo J., allowed the appeal and dismissed the impugned order as it was not in accordance with the law. Read More
PATNA HIGH COURT
Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court
In an appeal filed by the appellant for divorce under Section 13 of the Hindu Marriage Act, 1955 (‘HMA’) against the respondent on the grounds of cruelty by her, the Division Bench consisting of P.B. Bajanthri and Jitendra Kumar*, JJ. dismissed the appeal from the impugned decision of the Family Court and held that the inability to bear a child was not a valid ground for dissolving marriage. Read More
PUNJAB & HARYANA HIGH COURT
Police SI Recruitment Exam| “No leniency with bail petitions of cyber-thugs”: Punjab and Haryana High Court
In a petition under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail for petitioner who allegedly run the center from which, the examination conducted for Sub-Inspector recruitment was hacked, Anoop Chitkara, J. refused to be lenient while dealing with ‘bail petitions of cyber-thugs’ and dismissed the petition. Read More
UTTARANCHAL HIGH COURT
Uttaranchal High Court directs presence of Animal Husbandry, State Animal Welfare Board Officials over ill-treatment of Equines on pilgrimage routes
In a Public Interest Litigation filed by an Animal Welfare Activist, Gauri Maulekhi over very serious issue of extreme ill-treatment meted out to equines, deployed in the Kedarnath, Yamunotri, Gangotri, Gaumukh and Hemkhud Sahib pilgrimage routes for the purpose of carrying pilgrims as well as goods, the Division Bench of Vipin Sanghi, C.J. and Rakesh Thapliyal, J., directed the Secretary, Animal Husbandry; the Chairperson of the Executive Committee of the State Animal Welfare Board; and the District Magistrates concerned to be present before the Court in the next hearing to communicate to them the Court’s concern and to hear them with regard to the steps taken in relation to the issue raised by the petitioner. Read More
