ALLAHABAD HIGH COURT
Notification declaring land as reserved forest issued in accordance with law and published, cannot be held illegal in suit for permanent injunction: Allahabad HC
In a second appeal under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’) against a Judgment and decree of the District Court, Rajnish Kumar, J., allowed the appeal, holding that the respondents are not entitled for any benefits emanating from the impugned order and the forest department of the State is the true owner of the land. The Court held that once the notifications declaring land as reserved forest were issued and published in the official gazettes, it will be deemed that they have been issued in accordance with law after following due procedure of law and it could not have been held illegal or inoperative without challenge to the notifications in appropriate proceedings but not in a suit for permanent injunction. Read more
Allahabad HC stays Raj Babbar’s Conviction in 1996 Polling Officers Assault Case
In a criminal miscellaneous application under Section 389(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) filed by actor and politician Raj Babbar to set aside the order of the Sessions Court upholding his conviction under Sections 143, 332, 353 and 323 of the Penal Code, 1860 (‘IPC’), and to suspend the effect, execution, and operation of the Conviction Order, the Bench of Mohd. Faiz Alam Khan, J. stayed the conviction order during the pendency of his application citing the upcoming general elections as a reason for urgency. Read more
Not justified to deny back wages on principle ‘no work no pay’; Allahabad HC directs payment of salary to employee after acquittal in criminal case
In a writ petition filed against the Order of the Additional Director of Education (Basic) for the rejection of the petitioner’s claim for regular salary for the period he remained under suspension on account of his involvement in a criminal case, Ajit Kumar, J. allowed the appeal and quashed the impugned order,upon finding that the suspension was only on account of his detention in jail and no departmental inquiry was conducted against him. Read more
[S. 50 PMLA] ED should at least reveal substance of allegations to summoned person, if not copy of ECIR: Allahabad HC
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking to quash two Enforcement Case Information Reports (‘ECIR’) registered by Directorate of Enforcement (‘ED’) and the pursuant summons issued in their regard, Mohd. Faiz Alam Khan, J. dismissed the application saying that it was filed prematurely, and that the investigation process should not be hampered at this initial stage. Read more
[Section 125 CrPC] LIC premium, loan instalments no reason to avoid maintenance; Allahabad HC upholds order granting maintenance to wife and children
In a criminal revision filed against the decision of the Principal Judge, Family Court granting Rs. 25,000 per month as maintenance to wife and two children (opposite parties), Surendra Singh*, J. dismissed the revision application saying that the Family Court had not committed any illegality in fixing to the amount of maintenance. The Court said that the husband’s claim that he pays LIC premium and has loans for two plots in the name of his wife and children cannot be taken into consideration as no such deduction from gross salary is permissible under the law. Read more
BOMBAY HIGH COURT
Nature of duties and functions is the determining factor in ascertaining ‘workman’ under the Industrial Disputes Act; Bombay HC reiterates
In a writ petition filed by, Godrej and Boyce, against an order of Industrial Tribunal regarding dispute between the petitioner and their employees upon their determination as ‘workmen’ under S. 2(s) of the Industrial Disputes Act 1947, Amit Borkar J.,* upheld the impugned order of the Tribunal and held that the concerned employees were in fact workmen as per the aforementioned Act. The Court, on relying upon several relevant Supreme Court precedents, reiterated that, nature of duties and functions, is the determining factor in ascertaining ‘workman’ under S. 2(s) of Industrial Disputes Act. Read more
Bombay HC confirms death penalty awarded to a former murder convict, who killed his 5 family members
While deciding the instant appeal wherein the sole convict who was found guilty of murdering 5 of his family members and was awarded death penalty for the same, had challenged the Trial Court’s finding and the proportionality of the sentence; the Division Bench, comprising of Vinay Joshi* and MW Chandwani, JJ., upheld and confirmed the finding and order of the Sessions Court for awarding capital punishment to the sole convict for the offences committed by him under Sections 302 and 201 of the Penal Code, 1860 against his own family members. The Court was of the view that the instant case was a “rarest of rare” case and that any penalty other than death penalty would have amounted to injustice. Read more
Bombay HC upholds Caste Certificate issued by District Collector, Mumbai Suburban to a winning candidate in the municipal elections
The Division Bench comprising of GS Patel and Kamal Khata*, JJ., upheld the Caste Certificate issued by the Deputy Collector, Mumbai Suburban to the 1st Respondent and dismissed the petition brought before in under Article 226 of the Constitution by the petitioner. The Court was of the view that the petition was yet another attempt by a disgruntled candidate who had lost in elections against their rival. Read more
Bombay HC dismisses PIL filed by Auto Rickshaw and Bus Unions against levy of additional fee under MV Rules, 1989
The Division Bench headed by Devendra Kumar Upadhyaya, CJ.* and Dr. Arif S, J. dismissed the PIL filed by auto rickshaw and bus unions wherein they had questioned the levy of additional fee for renewal of driving license and renewal of registration certificate in case of motorcycles and certain other classes of non-transport vehicles under Motor Vehicle Rules, 1989 as ultra vires of the rule making power of the Central Government, and the levy as being a penalty in disguise. The Court held that Section 211 of the Motor Vehicles Act, 1988, if interpreted appropriately, vests power with the Central Government to make rules for the levy of additional fee. The Court further held that these fees are being levied for processing delayed applications for renewals and changes to documents etc., and that they are not a masqueraded penalty. Read more
CALCUTTA HIGH COURT
Calcutta High Court grants interview opportunity to IBPS Exam candidate despite Date of Birth discrepancy; Calls it ‘trivial error’
The petition was filed by the petitioner, a young lady from a remote area in Jalpaiguri, seeking relief due to the denial of her interview opportunity by the authorities concerned upon detecting discrepancies in her date of birth across submitted documents by taking help from a cyber cafe. Sabyasachi Bhattacharya, J., held in favor of the petitioner, ruling that the discrepancies in her date of birth were trivial and did not warrant disqualification from the interview process for the position of Probationary Officers/Management Trainees in banks. The Court further directed the publication of her name in the provisional allotment list within 24 hours. Read More
CHATTISGARH HIGH COURT
‘Welfare of child is of supreme consideration’: Chhattisgarh HC grants custody of minor daughter to father who expressed her fear of getting beaten by mother
In an appeal filed by appellant-father under Section 19(1) of the Family Courts Act, 1984 read with Section 47 of the Guardians and Wards Act, 1890 (‘the Act’), the Division Bench of Goutam Bhandari** and Radhakishan Agrawal*, JJ., opined that in the present case, no doubt that both the spouses were capable to look after the child, but it appeared that respondent-mother had aggressive nature. Therefore, considering the child’s ordinary contentment, health, education, intellectual development and favourable surroundings but over and above physical comforts, moral and ethical values, the Court opined that it would be proper and appropriate if father held the custody of the daughter. Read more
DELHI HIGH COURT
Imposing two different punishments for two teachers of the same university for identical allegations of plagiarism is ‘shocking’: Delhi High Court
The present petition was filed under Article 226 of the Constitution seeking to issue an appropriate writ, order or direction directing that petitioner should be restored to the post of Reader in English at Respondent 1, IGNOU, with all benefits and dues, and without any loss of seniority or eligibility for consideration for further promotion. Tushar Rao Gedela, J.*, opined that in the present case, two teachers of IGNOU for identical allegations of plagiarism had been imposed two different punishments, “warning” in one case and “dismissal from service” in the other, shocked the conscience of this Court. Thus, the Court opined that the present case called for remand to the Disciplinary Authority for de novo consideration only in respect of the proportionality of punishment imposed, keeping in view the similar case of a previous teacher and for passing a suitable order. Read more
Delhi High Court declares ‘HALDIRAM’ as “well-known mark” in respect of food items, restaurants, eateries
Plaintiff, Haldiram India (P) Ltd. filed the present suit seeking protection of its mark ‘HALDIRAM’, and a declaration that the said mark, along with its variations such as ‘HALDIRAM BHUJIAWALA’ was ‘well-known’ in terms of Section 2(1)(zg) of the Trade Marks Act, 1999 (‘the Act’). Further, plaintiff seeks a decree of permanent injunction, restraining defendants from selling products under the impugned mark ‘HALDIRAM’/‘HALDIRAM BHUJIWALA’ or any other marks that were deceptively similar to plaintiff’s mark ‘HALDIRAM’. Read more
Delhi High Court grants divorce to MasterChef Kunal Kapur on grounds of cruelty by wife
An appeal was filed by Kunal Kapur (appellant/husband), highly educated Chef popularly known for his stint in MasterChef Seasons, against his wife/respondent under section 19 of Family Courts Act, 1984 whereby the petition of appellant seeking divorce was dismissed by the Family Court vide impugned judgment dated 01-10-2018. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., sets aside the impugned order and granted divorce on grounds of cruelty by wife. Read more
‘Order not so perverse to shock the conscience of Court’; Delhi HC dismisses petition challenging award passed by arbitrator
In a petition challenging the order passed by the arbitrator rejecting an application under Section 16 of the Arbitration and Conciliation Act, 1996 (‘the A&C Act’), Subramonium Prasad, J.*, opined that a perusal of the impugned order showed that the arbitrator had yet not fully closed the issue and had decided to adjudicate on the issue after evidence was led on the same issue. Further, the Court opined that since the award passed by the arbitrator was not so perverse to shock the conscience of this Court, it was not inclined to interfere with the impugned order and dismissed the present writ petition. Read more
[Gang Rape] Baffling and mysterious as to why police did not collect CDR of victim; Delhi High Court acquits accused due to insufficient evidence
A criminal appeal was filed challenging the conviction for offences under Sections 328, 366, 342, 34 and Section 376-D Penal Code, 1860 on grounds of insufficient evidence and flaws in the investigation process, including discrepancies in witness testimony and failure to collect crucial evidence such as the victim’s call details record. A division bench of Suresh Kumar Kait and Manoj Jain, JJ., held that there was insufficient evidence to prove the prosecution’s case beyond a reasonable doubt and consequently, the appeal was allowed, and all the accused persons were acquitted of the charges. Read more
‘Falls within domain of executive and legislature’: Delhi HC rejects PIL seeking to constitute High-Powered Committee to look into complete affairs of all co-operative banks
In a public interest litigation filed under Articles 226 and 227 of the Constitution, the Division Bench of Manmohan, ACJ* and Manmeet Pritam Singh Arora, J., considered petitioner’s prayer regarding issuance of an exhaustive guidelines to ensure safe keeping of deposits in emergency financial crisis and direction to constitute a High-Powered Committee for looking into the complete affairs of all the co-operative banks, opined that it fell within the domain of policy making by the executive and legislature. Thus, the Court opined that prayers sought in the present petition did not survive for consideration and accordingly disposed of the petition. Read more
Delhi High Court restrains Ashirvad Pipes from using marks similar to Jaguar’s ‘ARTIZE’ and ‘TIAARA’ marks in relation to sanitaryware
restrained defendant, Ashirvad Pipes (P) Ltd., and all others acting on its behalf, pending disposal of the present suit, from using, in any manner whatsoever, the impugned marks, the word mark ARTISTRY, and the mark TIARA, and also any other similar device or word mark or logo which was confusingly or deceptively similar to plaintiff’s, Jaquar and Co. (P) Ltd.’s registered trade-marks, of the goods, in respect of which the marks were used by plaintiff or for any other allied or cognate goods or services. Read more
Delhi High Court asks Judges to prioritize criminal cases, appeals, revisions pending against MPs, MLAs
The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J., directed the Registry to circulate this order to brother and sister Judges assigned with such cases so that priority was given to all criminal cases/appeals/revisions pending before them against the Members of Parliament and Legislative Assemblies, as it was essential for expeditious and effective disposal of such cases. Read more
‘Pay Rs 5 lakh compensation each to two acid attack victims’; Delhi High Court directs DSLSA to bring forward employment prospects in Department of Delhi Govt
In the present case, the first appeal CRL.A. 273 of 2014 was filed by appellant-State under Section 378(1) of the Criminal Procedure Code, 1973 (‘CrPC’) against the impugned judgment and order dated 13-7-2012 passed by the Court of Sessions (‘the Trial Court’) for the offences punishable under Sections 324, 26, 307 and 34 of the Penal Code, 1860 (‘IPC’), registered at Police Station Jamia Nagar, Delhi. The second appeal, was filed by the victims-Appellants 1 and 2, also challenging the impugned judgment and order dated 13-7-2012 passed by the Trial Court. Read more
‘Mere mockery of the principles of natural justice and fair play’; Delhi High Court sets aside order expelling JNU student in 2011
Petitioner filed the present petition challenging the order dated 12-02-2011 issued by the Jawaharlal National University (‘JNU’) ordering the expulsion of petitioner from JNU premises with immediate effect and the removal of his name from the rolls of the JNU forthwith, C. Hari Shankar* opined that the JNU was all along acting with a pre-determined intent of removing petitioner from his premises and it was apparent from the issuance of show cause notice on 11-02-2011 and the impugned order within twenty-four hours thereof on 12-02-2011. Thus, the opportunity to petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more. The Court opined that it was a matter of concern that the JNU, which was premier University had acted in this fashion and accordingly, quashed and set aside the impugned order dated 12-02-2011. Read more
Wife leaving matrimonial home, from time to time, without any fault on husband’s part, is mental cruelty: Delhi HC grants divorce to husband
The appeal under Section 19 of the Family Courts Act, 1984, was filed by appellant-husband, against the judgment dated 11-4-2022 passed by the Principal Family Judge, Family Court, Delhi (‘the Family Judge’) vide which the petition for divorce filed by appellant under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (‘HMA’), was dismissed. The Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that it was respondent-wife who subjected appellant to a life of uncertainty with there being no settlement and mental peace in the matrimonial life, despite 20 years of being spent together and thus it was a case of mental agony to appellant entitling him to a divorce, on the ground of cruelty under Section 13(1)(ia) of HMA. Further, the Court concluded that respondent had deserted appellant without any reasonable cause and thus appellant was entitled to divorce, on the ground of desertion as well. Read more
Delhi High Court awards Rs 244 crore damages to Ericsson against Lava for infringement of its Standard Essential Patents
In the present case, a cross-suit was filed, wherein plaintiff, Lava International Ltd. (‘Lava’) alleged that the suit patents were neither valid in terms of the Patents Act, 1970 (‘the Act’) nor essential, rendering them unenforceable; and respondent, Telefonaktiebolaget LM Ericsson (‘Ericsson’) alleged that Lava was infringing its Standard Essential Patents (‘SEPs’). Amit Bansal, J.*, held that Lava was liable to pay Rs 244,07,63,990 as damages, along with interest at 5% p.a., to Ericsson for infringement of its SEPs. The Court further held that the first suit patent asserted by Ericsson, i.e., IN 203034, was invalid and liable to be revoked both on grounds of non-patentable subject matter and lack of novelty. The remaining seven suit patents, i.e., IN 203036, IN 234157, IN 203686, IN 213723, IN 229632, IN 240471 and IN 241747 were held to be valid, after examination on merits in respect of subject matter eligibility, novelty and inventive step. Read more
GAUHATI HIGH COURT
Notify the Child Protection Policy in the State of Assam by June 24: Gauhati High Court urges State Government
The Division Bench of Kalyan Rai Surana and Arun Dev Choudhury, JJ., stated that it hoped that before the next date of hearing, the State Government would do the needful, i.e., (a) notify the Child Protection Policy; (b) the High Court appointed Committee should be able to complete the inspection of all the Child Care Institutions (‘CCIs’) in the State; and (c) notify the rules under the Juvenile Justice (Care and Protection) Act, 2015. Read more
HIMACHAL PRADESH HIGH COURT
In absence of any statutory provision, seniority must be counted from the date of appointment: Himachal Pradesh High Court
An appeal was filed against the judgment whereby it was held that respondent was appointed on 08-05-2003 and was thus governed by Central Civil Services (Pension) Rules, 1972, (‘1972 Rules’) and not by the Himachal Pradesh Civil Services Contributory Pension Rules, 2006. The Division Bench of Tarlok Singh Chauhan* and Sushil Kukreja, JJ., in the absence of any statutory provision or rule made thereunder or under the proviso of Article 309 of the Constitution, once an incumbent was appointed to the post, his/her seniority had to be counted from the date of appointment. Read more
KERALA HIGH COURT
‘Suicide note written weeks before suicide’: Kerala HC says bickering and quarrels not instigation while quashing abetment to suicide case against wife
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the FIR and further proceedings against the accused/ wife charged with Section 306 of the Penal Code, 1860 (‘IPC’), the Bench of Bechu Kurian Thomas, J., quashed all criminal proceedings against wife stating the allegation in the final report do not constitute ingredients of the offence. Read more
[Unresolved credit score complaint] Read how Kerala HC came to rescue borrower’s right to updated CIBIL Score on closure of loan account and no subsisting loan
In a writ petition praying to direct Trans Union Cibil Limited (‘TUCL’) to restore the credit rating of the petitioner to the levels entitled, since he had paid off his loan amount, Devan Ramachandran, J. gave necessary directions for such restoration. Read more
‘Role of Universities in affiliated colleges only supervisory; authority to determine factum of absence and admission cancellation with College Principal’: Kerala HC
In a writ appeal filed by the Calicut University (‘University’) challenging the Order of the Court which allowed the writ petition of a student (‘respondent student’) of SEEDAC College (‘College’), a college affiliated to the University, for non-cancellation of his admission due to lack of attendance, the Division Bench of A. Muhamed Mustaque* and Shoba Annamma Eapen, JJ., dismissed the appeal for lack of merits. The Court held that the University cannot assume the role of College Principal and direct to act on their direction. Read more
KARNATAKA HIGH COURT
“None should suffer for the mistake of Law Publisher”; Karnataka HC sternly warns law publishers to be extra cautious while publishing statutes
While deliberating over the instant appeal questioning the single Judge Bench order concerning issuance for a writ of mandamus to the respondents to grant the subject land by issuing Grant Certificate, the Division Bench of N.V. Anjaria, CJ and Krishna S. Dixit, J.*, had to peruse Karnataka Land Grant Rules, 1969, published by KLJ Publications, wherein the Court noticed certain discrepancies and therefore sternly warned law publishers in general that it is high time for them to be extra cautious while publishing statutes and statutory instruments otherwise they will risk being hauled up for contempt of Court and perjury, in addition to being blacklisted from public tenders for the supply of books of their publication. “If for the ‘mistake of law’, none should suffer, none should suffer for the ‘mistake of Law Publisher’ too”. Read more
Family Court duly empowered to consider application for divorce via Mubarat agreement under Dissolution of Muslim Marriages Act: Karnataka HC
While deciding the instant appeal where the parties had approached the Court against the order of the Family Court wherein it was held that mutual consent petitions (Mubarat) for the dissolution of the Mohammedan marriage is not contemplated under the provisions of the Dissolution of Muslim Marriages Act, 1937; the Division Bench of Anu Sivaraman* and Anant Ramanath Hegde, JJ., allowed the appeal holding that Family Court is duly empowered under the provisions of Dissolution of Muslim Marriages Act to consider application for divorce by mutual consent when the parties are Muslims. Read more
MADHYA PRADESH HIGH COURT
“Darker side of picture is yet to come”; Madhya Pradesh High Court directs DGP to conduct inquiry against IO and SHO for mishandling case
In a writ petition filed under Article 226 of the Constitution of India seeking relief related to the investigation where it is alleged that despite the rejection of a closure report by the Magistrate in 2017, no further action was taken by the police, a single-judge bench comprising of G.S. Ahluwalia, J., while emphasising on the seriousness of the matter, directed a thorough investigation by the Director General of Police into the mishandling of the case by the Investigating Officer and supervising officers, emphasising accountability and adherence to legal procedures. Read more
Promotion can’t be kept in sealed cover due to pendency of 28-year-old criminal case: Madhya Pradesh High Court
In a writ petition against the withholding of petitioner’s promotion due to the pendency of a criminal case in a sealed cover envelope, resulting in his juniors being promoted ahead of him, a single-judge bench comprising of Vivek Agarwal, J., while allowing the petition, directed to open the sealed cover and proceed with promotion consideration, subject to the outcome of the pending criminal case against the petitioner. Read more
Trivial domestic disputes do not necessarily constitute ‘Abetment to Suicide’: Madhya Pradesh High Court
In a Criminal Revision against the order of Session Court framing charge under Section 306 of Penal Code, 1860 (IPC), abetment of suicide, against the wife, a single-judge bench comprising of G.S. Ahluwalia, J., held that the allegations against the applicant were trivial and did not amount to abetment of suicide, “there must be proof of direct or indirect acts or incitement of commission of suicide”. Considering the lack of evidence indicating instigation or intentional aid, the Court held that no case was made out against the applicant under Section 306 of IPC. Read more
Madhya Pradesh High Court denies bail to woman accused of extortion and filing false rape cases against multiple men
In a bail application filed by the applicant under Section 439 of the Criminal Procedure Code, 1973 (CrPC) for offenses punishable under Sections 384, 389, 452, 506 and 427 of the Penal Code, 1860 (IPC), a single-judge bench comprising of Maninder S. Bhatti, J., dismissed the bail application, citing direct allegations of extortion against the applicant and her past behavior of lodging false cases. Read more
Madhya Pradesh High Court imposes exemplary cost of Rs. 1,50,000/- on parties for treating court as playground
In a petition filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) seeking quashing of FIR lodged for crime under Section 380 and 454 of the Penal Code, 1860 (IPC), alleging false implication, a single-judge bench comprising of Subodh Abhyankar, J., held that court cannot solely rely on the FIR to quash it and must consider disputed factual matters. The Court dismissed the petition for quashing the FIR and imposed a cost of Rs.1,50,000/- on each party all parties “for fighting tooth and nails over their ancestral property”, to be deposited within 15 days into the specified account. Read more
Madhya Pradesh High Court rejects man’s plea to participate in ongoing ASI Survey of Bhojshala Temple-Kamal Maula Mosque
In an application filed by the petitioner seeking permission to be present during a survey conducted by the respondent 2/Archeological Survey of India (ASI), a division bench comprising of S. A. Dharmadhikari and Gajendra Singh, JJ., rejected the petitioner’s application, citing that it lacked merit and was an afterthought following the Court’s previous order. Read more
MADRAS HIGH COURT
Scope of powers to District Registrars under Registration Act cannot be expanded for adjudication of civil disputes or rights: Madras HC
In an appeal concerning a property dispute, the division bench of S.M. Subramaniam* and K. Rajasekar, JJ. has held that the District Registrars are quasi-judicial authorities and cannot conduct a trial nature proceeding by adjudicating the title deeds or other documents produced by the parties. Only if, prima facie case has been established for cancellation due to fraud or impersonation, the District Registrar must pass orders for document cancellation. Read more
Courts should be hesitant to grant police protection to persons having criminal background: Madras HC refuses protection to BJP State Secretary
In a petition seeking direction to the respondents to provide police protection to the life and property of the petitioner based on his representations/complaints, N. Anand Venkatesh, J. while refusing to provide personal security officer to the petitioner, viewed that wherever the person seeking for police protection has a criminal background and such a threat perception is as a result of his own activities, the Court should be very hesitant to grant police protection. Read more
Transgenders cannot be insisted on producing third gender identity card for publishing of name and gender change in Gazette: Madras HC
In a petition filed for directing the State to effect publication of name and gender change to male, female or transgender in the official gazette without insisting on production of a medical certificate indicating completion of Sex Reassignment Surgery or the third gender identity card issued by the Department of Social Welfare in compliance with the directions of the Supreme Court in National Legal Services Authority v. Union of India, (2014) 5 SCC 438 the division bench of Sanjay V. Gangapurwala*, C.J., and Sathya Narayana Prasad, J. said that only for publication of the change of name or gender, the identity card issued by the Social Welfare Department may not be necessary and shall not be insisted upon. However, to prove identity, the Government can ask for other authentic documents such as the Aadhar Card or other documents which are sufficient for the proof of identity. Read more
PUNJAB AND HARYANA HIGH COURT
‘Seeking bail on ground that no loss caused to Government is meaningless’: Punjab & Haryana HC refuses to grant anticipatory bail to estate officer accused under PC Act
In an application filed under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail, Anoop Chitkara, J.*, opined that petitioner’s misconduct was established when he handed over symbolic possession of the property itself to the said beneficiaries. Further, regarding petitioner’s submission for seeking bail on the ground that no loss had been caused to the government, the Court opined that such argument was meaningless. If this argument was accepted, then every government employee who committed such an act and where no loss caused to government, would be entitled to bail which was neither the meaning within the Prevention of Corruption Act, 1988 (‘the PC Act’) nor the provisions related to cheating, forgery under the Penal Code, 1860 (‘IPC’). Thus, the Court opined that given the serious nature of allegations and the apparent malicious intent of petitioner, he was not entitled to anticipatory bail. Read more
PATNA HIGH COURT
‘Petition filed due to misguided over enthusiasm’; Patna HC dismisses plea by a lawyer challenging Sections 2, 9, 12, 18 of the Constitution (101st Amendment) Act, 2016
The present writ petition was filed by a lawyer alleging that Sections 2, 9, 12 and 18 of the Constitution (101st Amendment) Act, 2016 (‘the Amendment Act’) violated the basic structure of the Constitution and hence, was invalid, void, and unconstitutional. The Division Bench of K. Vinod Chandran, CJ.*, and Harish Kumar, J., opined that a writ petition under Article 226 of the Constitution, was maintainable either for the purpose of enforcing a statutory or legal right or with respect to breach of statutory duty on the part of the authorities and petitioner had no enforceable right judicially recognized, insofar as the Amendment Act was concerned and he did not claim any prejudice having been caused to him. The Court thus dismissed the writ petition and refrained from imposing cost as the writ petition was filed due to misguided over enthusiasm of petitioner. Read more
RAJASTHAN HIGH COURT
Taking away/withholding retiral benefits amounts to denial of ‘Right to life’: Rajasthan High Court
In a writ petition challenging the order of withholding of the petitioner’s retiral benefits, including pension and gratuity, citing the pendency of criminal proceedings, a single-judge bench comprising of Ganesh Ram Meena,* J., held that withholding the retiral benefits was unjustified and affirmed the right of employees to receive their pension and gratuity regardless of the pendency of criminal proceedings unrelated to their official duties. The Court emphasised on the importance of protecting employees’ livelihood post-retirement. Read more
Employees have legitimate expectation to receive same benefits as offered to similarly situated employees: Rajasthan High Court
In a civil writ petition challenging the order of respondent promoting certain Associate Professors to the position of Professors but didn’t consider the petitioner for the same, a single-judge bench comprising of Ganesh Ram Meena,* J., held that employees have legitimate expectation that whatever the benefits are being extended to an employee who is similarly situated to him/her, the same benefits be also allowed to him/her. The Court directed the respondent to grant the petitioner promotion to the position of Professor under the DACP Scheme, effective from the completion of four years’ service as an Associate Professor. The Court also awarded consequential benefits, including pay and retirement benefits, to the petitioner. Read More
Rajasthan High Court urges Governor to take action on State’s lethargic approach in crucial matters affecting rights of citizens
In a petition filed by the petitioner along with other unemployed individuals seeking justice regarding their claim for appointment to the Post of Teacher Grade-III (Special Education), a single-judge bench comprising of Ganesh Ram Meena, J., while expressing concern over the lethargic approach of the respondent-authority, especially considering the petitioners’ claims and the State’s duty as a welfare State, Granted a final opportunity to the respondents to file a reply, subject to the payment of a cost of Rs.10,000/- to each petitioner if the reply is not filed before the next listing date. Read more
RAS 2023 | Rajasthan High Court affirms correctness of final answer key based on RPSC’s expert evaluation
In a batch of writ petitions filed against the final answer key issued by the Rajasthan Public Service Commission (RPSC), concerning the Rajasthan State and Subordinate Services Combined Competitive Examination-2023 (RAS 2023)-Preliminary, a single-judge bench comprising of Sameer Jain,* J., affirmed the correctness of the final answer key dated 20-10-2023, based on the RPSC’s expert evaluation and the limited scope of judicial review in academic matters. Read more
AAI, being an extended hand of GOI, has discretion in regularization and absorption matters: Rajasthan High Court
In a bunch a writ petitions seeking various reliefs including continuation in service, declaration of continuous service, entitlement to minimum pay scale, and regularization as Airport Authority of India (AAI)’s permanent employees, a single-judge bench comprising of Sameer Jain, J., held that no employer-employee relationship existed between the petitioners and the respondent-AAI. The Court dismissed the petitions but encouraged the petitioners to apply for consideration in any future scheme for regularization/absorption considering their15 years long service, leaving the decision to the discretion of the AAI. Read more
Rajasthan High Court affirms constable recruitment candidature of woman rejected in PST due to height discrepancy; orders Rs. 1 Lakh compensation
In a petition challenging the petitioner’s incorrect height measurement during the Physical Standard Test, leading to her unjust failure in the recruitment process, a single-judge bench comprising of Ganesh Ram Meena, J., declared the petitioner as successful in the Physical Standard Test after considering the petitioner’s height measurement from previous recruitments and the report of the Medical Board, and directed the respondents to allow her to participate in the further recruitment process. Additionally, the Court directed the respondents to pay a sum of Rs. 1,00,000/- to the petitioner as costs for incorrectly measuring her height, causing mental agony and litigation expenses. Read more
Rajasthan High Court criticises Registry for compiling 145-pages long cause list with 1,609 cases; likens situation to ‘unscrambling a scrambled egg’
While addressing the chaos caused by the compilation of the cause list, a single-judge bench comprising of Arun Monga, J., issued directives to prevent similar issues in the future and adjourned the case in hand to a later date, considering the absence of representation from the respondents and the urgency of the matter. Read more
Rajasthan High Court grants permission to admit students for B.Sc Nursing Course 2023-24 amidst pending NOC decision
In a writ petition related to grant of permission to the petitioner university to admit students for the B.Sc Nursing Course for academic year 2023-24, a single-judge bench comprising of Dr. Nupur Bhati, J., granted interim relief to the petitioner University(s) allowing them to admit students for the B.Sc Nursing Course and participate in counselling for the GNM Course, subject to the outcome of the writ petitions considering the lack of a timeline for constituting the High Power Committee and delay in granting No Objection Certificate (NOC) to petitioners. Read more
TELANGANA HIGH COURT
‘Pendency of a criminal case cannot be a ground to refuse renewal of passport’; Telangana HC directs renewal for a period of ten years
The petitioner approached the Court seeking to pass an order/direction more so in the nature of writ of Mandamus to declare that Respondent 2’s action in refusing passport services to petitioner vide order dated 30-1-2024 (‘impugned order’) on account of pendency of a case before the XII Additional Chief Metropolitan Magistrate, Hyderabad as illegal, high handed and arbitrary apart from being in violation of petitioner’s rights under Articles 14, 19 and 21 of the Constitution and consequently set aside the order dated 30-1-2024 and direct Respondent 2 to renew petitioner’s passport for ten years. Read more
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