Ritu, Author at SCC Times

Selection process, prioritising educational qualification over disability severity, contradicts spirit of Rights of Persons with Disabilities Act: MP High Court

The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.

Case Briefs High Courts

Rajasthan High Court appoints panel to probe into Khap Panchayats’ illegal activities including honour killings, social boycotts, exorcism, etc.

“Khap Panchayats are informal, quasi-judicial bodies prevalent in villages, particularly in northern and western India. These organizations impose severe penalties and fines based on age-old traditions, enforcing outdated customs on modern societal issues.”

Appointments & Transfers News

Supreme Court Collegium recommends appointment of Judges for the High Courts of Chhattisgarh, Punjab & Haryana, Gujarat and Allahabad

The Collegium also recommended the transfer of Mr. Justice Arindam Sinha from the High Court of Orissa to the High Court of Judicature at Allahabad.

Case Briefs High Courts

‘EWS candidates can’t claim age relaxation/additional attempts as a matter of right’: MP High Court upholds executive instructions

“A person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste, which unfortunately, in a casteist society, casts stigma by birth and can never be changed by the person.”

Case Briefs High Courts

MP High Court stays DCP’s notice summoning Advocate to give statement and signature specimen aiming to breach Advocate-Client Privilege

As an interim measure, the Court restrained the DCP from proceeding further in the matter till the next date of hearing.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Protection of minority shareholder rights | NCLT lays down structured buy-out mechanism to resolve deadlock between shareholders

The NCLT gave the first right to buy shares to the petitioners and then the Deccan Group. If neither party purchased the other’s shares, the NCLT would consider winding up the company under Section 242(1)(b) of the Companies Act.

Case Briefs High Courts

Rajasthan High Court suggests constitution of expert committee to review 14 years’ pension restoration period under Rajasthan Civil Services Rules

In the instant matter, the retired employees and pensioners challenged the period for the restoration of full pension under Rule 29 of the Rajasthan Civil Services (Commutation of Pension) Rules, 1996.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT takes cognizance of plea on Guillain-Barré Syndrome Outbreak in Pune due to contaminated drinking water

The NGT acknowledged that the matter raises serious environmental and public health concerns.

Case Briefs High Courts

S. 30 of Advocates Act | Advocates can appear in confiscation proceedings but have no right to cross-examine: MP High Court

“There is no bar under Section 52 of Forest Act, 1927 from appearance of Advocates in said proceedings.”

Case Briefs High Courts

Spouse indulging in vulgar conversation with opposite gender, despite objections, amounts to Mental Cruelty: MP High Court

“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”

Case Briefs High Courts

State can’t deny honorarium to frontline workers compelled to work during COVID-19 pandemic: MP High Court

“If the officers had allowed or compelled the petitioners to work in the field for the safety of people, specifically when the country was fighting hard against the COVID-19 pandemic, then such an action of the officers cannot be said to be contrary to law or mala fide.”

Case Briefs High Courts

Misuse of Advocate-Client Relationship | MP High Court refuses to quash FIR in Rape allegations against Advocate

“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”

Case Briefs High Courts

Exemption from Efficiency Test for promotion is a one-time exception, not a matter of Right: Rajasthan High Court

“A government employee cannot claim promotion as a matter of right and he can only be considered for promotion according to the extant Rules.”

Case Briefs High Courts

Rajasthan High Court admits plea challenging installation of retail fuel outlet near 11,000 KV High-Tension Line

“The Court granted liberty to respondent, HPCL, to invite respondent to establish the retail outlet at an alternative location pursuant to the Letter of Intent (LOI) issued to him.”

Case Briefs High Courts

MP High Court strikes down notification exempting 62 Species of ‘Forest Produce’ from Transit Rules

“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”

Case Briefs High Courts

Rajasthan High Court issues direction for Aviation Infrastructure Development in Jodhpur

“Despite being a historically significant city and a tourist destination, Jodhpur airport remains limited in capacity, with fewer direct flights to and from the major cities. This lack of efficient air travel options makes it less accessible as compared to other major cities of the country, limiting business as well as tourism potential.”

Case Briefs High Courts

Compelling wife to discontinue her studies is equivalent to destroying her dreams & amounts to Mental Cruelty: MP High Court

“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”

Case Briefs High Courts

Beawar Sexual Exploitation Case | Rajasthan High Court stays demolition drive on accused’s properties till next date of hearing

The instant matter pertains to issuance of demolition notices by Bijainagar Municipality to the petitioners, following the arrest of certain accused individuals from their families allegedly involved in sexually exploiting minor girls.

Case Briefs High Courts

MP High Court acknowledges privacy concerns in photo-based attendance system; suggests alternative attendance method for female teachers & students

“Till a solution is found, female teacher will be permitted to send photographs of the Campus or Office of the Principal treating it to be attendance.”

Case Briefs High Courts

Man in live-in relationship with his married sister has no right to file Habeas Corpus petition: Rajasthan High Court

“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”