[Delhi Air Pollution] Supreme Court orders CAQM to consider allowing physical classes in Schools
This directive came in response to an application filed by the parents of some students seeking the reopening of schools.
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Where offence shakes public confidence, bail shall not be granted: Kerala HC denies bail to police officer accused of raping minor Dalit girl
“Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and not the rule.”
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Sacred duty of husband or father to maintain wife and children: Allahabad HC upholds Family Court’s pendente lite maintenance order
“The object of Section 24 of the Hindu Marriages Act in providing maintenance to a party in matrimonial proceedings is obviously to provide financial assistance to the spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds.”
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No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court
“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
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Supreme Court revives evidence tampering case against Kerala MLA Antony Raju, orders trial completion in 1 year
Antony Raju is an Indian politician who served as the Minister for Road Transport, Motor Vehicles, and Water Transport in the Government of Kerala until 24-12-2023. He is the leader of Janadhipathya Kerala Congress and was elected to the Kerala Legislative Assembly from the Thiruvananthapuram constituency in the 2021 elections.
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Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates
Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.
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[Delhi Air Pollution] Supreme Court orders suspension of physical classes for all school students in Delhi-NCR
Supreme Court criticized the delay in implementing GRAP stages III and IV, stating that the CAQM’s approach of waiting for AQI levels to improve before taking action violated its 2018 order, which mandated preventive measures for air pollution.
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Judgment in appeal is non-est when no appeal provision exists in law: Kerala High Court
“When an application is filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Magistrate is expected to consider and pass an order as provided under Section 3(3) of the Act. There is no provision in the Statute enabling the party aggrieved by that order to prefer an appeal”
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Kerala HC sets aside Family Court order granting permanent child custody to father; Stresses importance of credible evidence for postpartum depression allegations
“As per settled scientific studies and assessments, postpartum depression is rather common in some women and that this is not a situation that will continue forever, but most of the time being temporary, for a short duration”
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SC clarifies scope of judicial scrutiny under Section 11 of Arbitration Act: Sets aside Bombay HC ruling on appointment of arbitrator
Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.
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‘Existence of arbitration agreement in license agreement and share subscription agreement not in dispute’, Supreme Court refers matter to DIAC for appointment of sole arbitrator
“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”
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‘Hugging or kissing between teenagers in love is natural’, Madras HC quashes case against 21-year-old boy accused of sexual harassment
Madras High Court clarified that to constitute an offence under Section 354-A(1)(i) of IPC, the accused must make unwelcome physical contact and advances, specifically involving explicit sexual overtures.
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HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP| Stories on North-East Delhi Riots; Siddha Medicine; Spousal Privacy and more
A quick legal roundup to cover important stories from all High Courts this week
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Madras High Court directs TN Housing Board to exempt engineer with speech and hearing disability from giving language test
“The case in hand depicts the sorry state of affairs that prevails in society while dealing with differently abled persons. The fact that the petitioner who has 100% hearing and speech impairment from young age was able to complete the School Education and the Engineering course, shows the amount of grit and determination on his part to remain in the mainstream of the society.”
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We dissent! Here’s why 3 out of 7 Supreme Court Judges ruled against AMU’s minority status
“To assume that the minorities of the country require some ‘safe haven’ for attaining education and knowledge is wholly incorrect. The minorities of the country have not just joined the mainstream but comprise an important facet of the mainstream itself.”
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[AMU Verdict] Minority Status of educational institutions not affected by statute, date of establishment, or non-minority administration: Supreme Court holds in 4:3 verdict
“To be a minority institution, it only had to be established by the minority and not necessarily be administered by the minority members. Minority institutions may wish to emphasise secular education and for that minority members are not needed in administration”
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Eligibility criteria for Government jobs cannot be changed midway unless allowed by existing Rules: Supreme Court
“Recruiting bodies subject to the extant rules may devise an appropriate procedure for bringing the recruitment process to its logical end, provided the procedure is transparent non-discriminatory, non-arbitrary, and has a rational nexus with the object sought to be achieved”
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Kerala High Court quashes criminal case against director Sreekumar Menon filed by film actress
The actress alleged that the Sreekumar, through Facebook and over phone, abused her in a manner causing disrepute to her and outraged her modesty.
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[Motor Vehicle Act] LMV License holder not required to obtain separate authorisation for driving transport vehicles under 7500 Kg: Supreme Court
Supreme Court’s observed that no empirical data has been provided to demonstrate that Light Motor Vehicle (LMV) license holders driving transport vehicles are a significant cause of road accidents
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SC upholds Kerala HC ruling on exclusion of overqualified candidates for Kerala Water Authority’s LDC Post; criticizes KPSC for inconsistent qualification
It is manifest that it is the KPSC, with its vacillating and dithering stance, that is largely responsible for this long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates
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