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Rajasthan High Court directs to destroy record of conviction of the child in conflict with law; No ground to deny appointment as a police constable

The Court held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time from being employed in Government service.

Case Briefs Supreme Court

Economic offences under PMLA not to be treated lightly, Courts should tread meticulously before granting bail: Supreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case Briefs High Courts

Resignation once accepted, cannot be allowed to be withdrawn: Rajasthan High Court

“A “resignation” of a Public Office, when made with an intention of relinquishing the office, accompanied by an act relinquishment, then nothing further is required. Resignation once accepted, cannot be allowed to be withdrawn.” Observed the High Court

Case Briefs High Courts

NGT to strictly abide by the RTI application and provision of RTI law, directs Delhi High Court

The Delhi High Court stated that National Green Tribunal is a national tribunal, and hence, its RTI cell should function properly in accordance with the timelines and rules prescribed under the RTI Act and Rules.

Legal RoundUp Supreme Court Roundups

Supreme Court Constitution Bench February 2023| Two verdicts delivered; Maharashtra’s political battle dominates hearings

Don’t miss out on the Constitution bench verdicts delivered on conducting All India Bar Examination and the issue relating to ex-communication of a person from the Dawoodi Bohra community. Judgments Delivered

Case Briefs Supreme Court

Classification of ‘pushtaini’ and ‘gair-pushtaini’ landholders bad in law, creates dissonance between Land Acquisition Act’s object and effect: Supreme Court

The Supreme Court opined that even if such a classification had a rational nexus to the objective of the notification, the classification must also be legitimized by the parent statute.

Case Briefs High Courts

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.

Case Briefs Supreme Court

Supreme Court directs District Coastal Zonal Management Authority to decide on the question of demolition of edible oil pipeline in Chennai

Supreme Court stated that the appellants may approach the relevant Coastal Zonal Management Authority within a period of one month as regards to laying down the pipelines was concerned which will be considered by any application made in regard to the continued use of the pipeline.

Case Briefs Supreme Court

Classification of posts and determination of pay structure falls within Executive’s exclusive domain, Courts and Tribunals should not interfere; Supreme Court reiterates

“The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”, observed Supreme Court

Case Briefs Supreme Court

EXPLAINED| Why Supreme Court allowed AIADMK leader E. Palaniswami to continue as the interim general secretary

Courts should not interfere in the internal issue of a party and leave it open to the party and its members to take a particular decision for better administration, stated Supreme Court

Case Briefs High Courts

Rajasthan High Court acquits District Transport Office clerk from the charges of demanding bribery after 38 years of conviction

Rajasthan High Court stated that the prosecution had failed to prove the demand and acceptance of the bribe by the appellant and mere recovery of money could not be a grounds to consider it as a bribe.

Hot Off The Press News

EXPLAINED| Assam facing a silent invasion for decades: Why is Section 6A of the Citizenship Act under fire?

“If the said Section 6-A of the Citizenship Act, 1955 is not struck off being ultra vires, it would be impossible to free Assam from the clutches of illegal immigrants, who have entered Assam in view of the impugned provisions of the aforesaid amended Act.” the petitioner’s submitted.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Explained] Election Commission allows Eknath Shinde faction to retain Shiv Sena symbol ‘Bows and Arrows’

The Election Commission in consequence, allowed the Uddhav Thackeray faction to retain the name of ‘Shiv Sena (Uddhav Balasaheb Thackeray)’ and the symbol of ‘Flaming Torch’ as per the October 2022 interim order.