High Courts
Ensure Effective Implementation Of Law Against Manual Scavenging: Bombay High Court To State
The Bombay High Court recently called for information from the Municipal Corporations of Greater Mumbai, Thane, Kalyan-Dombivali, and Mira-Bhayander on steps taken for effective implementation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. These Municipal Corporations have to furnish the information in the first phase of gathering information from the entire state.The reply affidavit must state whether State Monitoring Committee, Vigilance Committees,...
Co-operative Society Employees Entitled To Benefits Under Labour Welfare Legislations Like Minimum Wages Act, Maternity Benefit Act: Kerala HC
The Kerala High Court has held that employees working under the Kerala Co-operative Society Act are entitled to benefits under labour legislations- Kerala Shops and Commercial Establishments Act, 1960, the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961 and the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958.Justice Murali Purushothaman stated that the Kerala Co-operative Societies Act deals with conditions of service of the employees within Society such as...
Delhi High Court Calls For Inclusion Of 'Gender Equality' In Judicial Academy Curriculum, Says Hidden Biases Are Enemies Of Impartial Rulings
The Delhi High Court has said that issues such as gender equality and cultural diversity must be made part of the curriculum of the Delhi Judicial Academy, observing that hidden biases are enemies of impartial and equitable judgments.Justice Swarana Kanta Sharma observed that judicial education and training, focused not only on legal principles but also on understanding the diverse backgrounds and lived realities of those who come before the court, will go a long way in changing...
Teacher Likely To Use Harsh Language To Discipline Student: Punjab & Haryana HC Discharges Teacher Accused Of Abetment Of Suicide Of Minor Student
Observing that "post of a teacher require disciplining a student", the Punjab & Haryana High Court has discharged a teacher from charges of abetment to suicide of a minor student who allegedly harassed her in school.The Court found that the student was weak in studies "for which she was reprimanded". Even otherwise, neither the FIR nor the suicide note refer to any specific instances of acute harassment amounting to abetment, it said.While opining that "no offence is made...
Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody
The Patna High Court has ordered the State Government to pay a compensation of ₹2 lakh to a man who was subjected to severe torture and assault while in police custody.Applying the principle under Section 106 of the Evidence Act (Burden of proving a fact, especially within knowledge) to the facts of the case, a bench of Justice Bibek Chaudhuri observed that the policemen involved in the case had special knowledge as to who committed custodial violence upon the victim."Thus, applying the...
One Open & Two Special Jails In State To Be Operational Soon: Govt Informs Chhattisgarh High Court
The State Government has informed the Chhattisgarh High Court about the imminent operation of three new jail facilities across the state. As confirmed by the Chief Secretary of the State of Chhattisgarh, establishing one open jail and two special jails marks a significant development in the State's correctional infrastructure. Filing an affidavit in response to the High Court's last month's order registering a suo moto PIL to explore the possibilities with regard to the implementation...
'Delhi Govt Only Interested In Appropriation Of Power': High Court On Failure To Supply Books In MCD Schools
The Delhi High Court on Friday rapped the Delhi Government over stalling of projects in the national capital and non-supply of books and uniforms to children studying in MCD schools, observing that the government is just interested in appropriation of power and nothing is working at the ground level.During the hearing today, Delhi Government's counsel Shadan Farasat, on instructions from Delhi Urban Development Minister Saurabh Bharadwaj, told court that delegation of power can be done only with...
"Politically Motivated": Orissa HC Slaps ₹5 Lakh On Company Secretary Who Challenged Union Minister Ashwini Vaishnaw's 2019 Election
The Orissa High Court has dismissed a writ petition filed by a Company Secretary challenging the 2019 election of Union Railway Minister Ashwini Vaishnaw to Rajya Sabha on the ground of submission of false affidavit along with the nomination papers.While discouraging filing of such 'politically motivated' petitions, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman observed –“The Courts exercising power of judicial review have duty to discourage filing...
PG Doctors' Refusal To Work In Govt Hospitals Infringe Fundamental Rights Of Poor Patients: Madras High Court Upholds Bond Agreement
The Madras High Court recently remarked that Doctors, who undergo postgraduate studies at low cost by utilizing taxpayer's money should serve the poor and needy in the State. Justice SM Subramaniam also remarked that doctors, who refused to work in government hospitals after completing the PG course, were infringing the fundamental rights of the poor and needy patients who were undergoing treatment in the government hospitals. “If these Doctors after undergoing medical specialty...
POCSO Act Has Caused Widespread Injustice In Tribal Hamlets & Rural India Causing 'Uncalled For Arrest & Incarcerations': Orissa High Court
The Orissa High Court has flagged the issue of widespread injustice caused to the people of rural area, particularly to the people of tribal hamlets due to the strict provisions of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act').The Single Bench of Justice Sibo Sankar Mishra said that the legislation has resulted in uncalled for arrests and incarcerations of people from tribal areas and held – “Adivasi and the tribal have their unique customs and traditions with...
Morbi Tragedy| 'It Wasn't An Act Of God; You Played With Public Property': Gujarat HC Presses 'Oreva' For Comprehensive Victims' Rehabilitation Plan
Following the issuance of a contempt notice against Jaysukh Patel, director of Oreva company, for non-compliance with court orders and causing delays, the company has issued an apology, which the Gujarat High Court has accepted today and decided not to pursue contempt proceedings against the managing director, for the 'time being'However, the division bench, led by Chief Justice Sunita Agarwal and Justice Anirudhha Mayee, expressed dissatisfaction with the company's lack of proposals regarding...
Go First Case: Delhi High Court Directs DGCA To Process De-Registration Of Leased Aircrafts
The Delhi High Court on Friday passed a slew of directions to de-register 54 aircrafts of various lessors on lease with the crisis-hit airline Go First.While disposing of a batch of pleas moved by the lessors, Justice Tara Vitasta Ganju set aside the communication letters issued by the Director General of Civil Aviation (DGCA) declining to process new registration applications of the lessors. The court directed the DGCA to forthwith, and no later than the next five working days, process the...