Karnataka HC quashes Karnataka State Law University fee hike: Are students getting excess fees back?
In the present case, the Karnataka State Law University hiked the fee charged by students by 128 per cent.
Article 226 Constitution
‘Article 21 encompasses right to observe one’s religious duties’: Delhi High Court grants custody parole in UAPA case
“The purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity.”
‘Long incarceration without Parole/Furlough can lead to anarchy in jail’: Delhi High Court slams State Agencies for not following Prison Rules
“The State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health.”
‘Exploitative undertakings from employees to not claim any arrears are void ab initio’; Punjab & Haryana HC condemns unceremonious termination
The Court pointed out that no employee can be forced to contract out of his statutory rights, however, unfortunately, the practice of extracting undertakings from employees who have been reinstated after tedious litigation is common. These exploitative undertakings often pertain to forgoing past service benefits and are obtained by placing the employees under duress.
‘Calling daily wage workers’ service as ‘casual’ is morally unjust’: Punjab and Haryana High Court allows plea for regularization
The Court stated that the present case is a stark reminder of the systemic inequity that daily wage workers suffered often under the garb of technicalities and institutional inaction.
Dealership and Lease Agreements are distinct, disputes must be litigated independently: J&K and Ladakh HC
“Order 2 Rule 2 and Section 11 CPC ensured that all claims were brought in one suit, and Section 11 CPC also operated to bar re-litigation of decided matters.”
Mere registration of FIR invalid ground to deny parole: Himachal Pradesh HC grants 42-days parole for agricultural purposes
“The accused’s parole was denied by the District Magistrate as the victim’s mother had raised safety concern and also because during his previous parole, an FIR was registered against him for involvement in an altercation.”
Employers should not hinder ex-servicemen’s rehabilitation by denying them employment under quota: Punjab and Haryana High Court
‘Ex-servicemen retire from the armed forces in large numbers every year, at a comparatively younger age to their civil counterparts. However, the opportunities of their civil employment are not always proportional to the rate at which ex-servicemen are discharged.’
‘Failed to discharge his administrative functions properly’: Jharkhand HC sets aside demand notice issued by former District Mining Officer
If the administrative authority is calling upon the party concerned to explain the accusation of commission of any irregularity, then if the explanation is furnished, it is a bounded duty of the administrative authority to take decision on consideration of such explanation.
‘Recruitment process of public employment should remain free from laxity’: Punjab and Haryana HC nullifies appointment based on forged documents
‘Certificate of Assistant Lineman was not verified diligently during his probation period, and it was clearly due to the laxity displayed by the employee concerned that the appointment went through in spite of lack in requisite qualifications, thereby denying a rightful candidate his opportunity of public employment.’
Kerala HC quashes Govt. Order for further investigation in disproportionate assets case against retired DGP Tomin J. Thachankary; Directs trial to be completed within 6 months
“If the State, whose duty it was to bring the offenders to justice, took sides with an accused and permitted him to dictate the manner in which the investigation against him was to progress, it would be antithetical to the concept of ‘the rule of law’.”
“Furlough not a right, can be rejected in rarest of rare case”; Punjab & Haryana HC rejects murder convict’s furlough plea
“Furlough is not a matter of right, rather, it is a discretionary concession that may be granted or denied based on established criteria, circumstances, and the authority’s judgment”.
Punjab Power Corporation can prescribe its cut-off date for implementation of Fifth Pay Commission: Punjab & Haryana High Court
It is no longer res integra that fiscal health consideration is relevant for a corporation to decide the commencement date of enhanced pensionary benefits.
‘Equating disability with inefficiency is terribly apathetic’; P&H HC orders Department to grant pensionary benefits accrued to deceased husband
An arbitrary review of a predecessor’s order is impermissible in law if the same is not void or contrary to the statutory provisions.
Punjab and Haryana High Court orders State to consider ex-CRPF’s plea for appointment in Ex-servicemen category
This Court cannot decide question of inclusion of retired officials of Paramilitary Forces (CRPF, BSF, CISF etc.) in the definition of Ex-Serviceman. It is a policy matter, and the State has to decide the issue.
“Court cannot permit to perpetuate illegality.”: P&H HC allows petition challenging retrospective promotion of Assistant Sub-Inspectors
“If the action of official respondents is not set at naught, it would legalize their action. It would create undue benefit in favour of private respondents as well as encourage officers to follow the same practice. It would be violative of Articles 14 and 16 of the Constitution of India because seniority and promotions are facets of conditions of service.”
‘Not entitled to Emergency Leave’: Kerala HC denies parole to Murder Convict for wife’s pregnancy care
“While granting emergency leave by invoking its extraordinary jurisdiction, the Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries.”
Read why Bombay HC held that Article 24 of AIFTA did not deprive customs authorities to issue show cause notices
The petitioner, Purple Products, imported Tin Ingots manufactured from Malaysia, with a valid Certificate of Origin and based on such certification, it claimed and availed benefits under Customs Exemption Notification No. 46 of 2011, dated 1-6-2011, from time to time.
[S.306 IPC] ‘Act of instigation must be such, where deceased has no choice, but to commit suicide’; Bombay HC quashes FIR
Instigation or incitement on the part of the accused person was the gravamen of the offence of abetment to suicide but a mere allegation or accusation of harassment made by the deceased prior to his death, cannot be held as the fulcrum of an offence under Section 306 IPC.
Bar Associations not ‘State’ under Art. 12 of Constitution, hence writ petition under Art. 226 not maintainable against them: Bombay HC
The bar associations are either societies registered under the Societies Registration Act, 1860, or trusts; are governed by their own byelaws or rules and there is no pervasive control of the Government or even of the Bar Council on the bar associations.