The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.
The Court was of the view that the depositions did not have the requisite sterling quality and inconsistencies in the same created serious doubt regarding the nature of the alleged sexual offence but also credibility of the deposition.
The reiteration came after the Collegium deliberated over a reconsideration request submitted by Justice Tagia.
15 Additional Judges have been made permanent Judges in Gauhati High Court, Bombay High Court, Kerala High Court, Himachal Pradesh High Court and Calcutta High Court
Collegium in its Resolution dated 12-07-2023 recommended names of 15 Judges who are to appointed Permanent Judges in their respective High Courts. 3 out of the 15 recommended names are women Judges.
The Constitutional Courts would not interfere with a view expressed on interpretation unless it appears to be grossly inappropriate and outlandish.
The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.
In the instant PIL where the central issue was regarding illegal mining in Digboi forest, the Court also took note of the fact that the illegal activities are also destroying heritage sites associated with Ahom dynasty.
A quick legal roundup to cover important stories from all High Courts this week.
The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.
Consumption of dog meat is a regarded custom amongst the Nagas since times immemorial and the Food Safety and Standards Act, 2006 already provides for an appropriate authority to issue prohibition orders.
The High Court was hearing a bunch of petitions highlighting the violation of Right of Children to Free and Compulsory Education Act, 2009 by certain schools.
The Court was of the view that the petitioner’s utterances towards the victim and the allegations stated in the FIR, prima facie attract the penal provisions related to sexual harassment.
The two Supreme Court collegium resolutions were passed on 02-05-2023.
The High Court’s order came in reference to the FIR filed by the President of Assam Youth Congress who has levelled allegations of mental harassment on Indian Youth Congress President, Srinivas BV.
The Supreme Court observed that this was not a case where Akhil Gogoi should be allowed to be detained in custody, especially after having secured an order of discharge, rightly or wrongly.”
Gauhati High Court was faced with a peculiar case where “petitioner” had followed every rule in the book to file a well-planned petition; however, in reality the petitioner did not exist!
Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.
Gauhati High Court was deliberating over a PIL filed to highlight ineffective implementation of State govt.’s policies framed as per the mandate in Section 12(1)(c) of RTE Act, 2009