Top Stories
Courts Cannot Order Implementation Of Optional Central Govt Schemes In State, Policy Domain Of State Govt: Patna High Court
While clarifying that the Court cannot, through a judicial order, direct the implementation of a Scheme formulated by the Central Government, which can be implemented only at the option of the State Government, the Patna High Court has dismissed a Public Interest Litigation (PIL) that sought a directive for the state government to implement the guidelines related to the Post Matric...
Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings
Appointment and RTI mattersSupreme CourtAppointment Can’t Be Denied Citing Suppression of Material Facts When Employer’s Query Was VagueThe Court in State of West Bengal v. Mitul Kumar Jana 2023 LiveLaw (SC) 714, while adjudicating upon the allegations of suppressing information related to a criminal case during the application process, held that “For determining suppression or...
Supreme Court Upholds Centre's Decision To Relax AGR Dues Payment By Telecom Cos; But Says Filing Application To Modify Orders Was More Appropriate
The Supreme Court recently dismissed a Public Interest Litigation (PIL) that challenged the September 2021 Cabinet decision to relax payment terms of the adjusted gross revenue (AGR) due from Telecom Service Providers. The PIL also sought the implementation of the judgment of the Supreme Court dated 01.09.2020, which held that the telecom companies who are liable to pay AGR dues shall...
Allahabad High Court Dismisses Plea Against SIT Probe Into 'Fake' Madrasas, Upholds State's Power Under UP Board Of Madrasa Education Act
The Allahabad High Court has upheld the SIT probe into several Madrasas at Azamgarh based on powers accorded to the State Government under the Uttar Pradesh Board of Madrasa Education Act, 2004.The Court held that under Section 13 of the Act, 2004, the State was empowered to take immediate action consistent with the Act without reference to the Board in certain circumstances. It was within...
Every Senior Advocate Should Recruit & Mentor At Least One Member From Marginalized Community In Their Chambers: Justice P.S. Narasimha
Justice P.S. Narasimha, judge of the Supreme Cour,t while talking about the efforts required by the legal fraternity to advance marginalized communities, suggested that every senior advocate should recruit and mentor at least one member from marginalized community in their chambers. However, he added a caveat by saying that such mentoring needs to be accompanied by some patience and...
Employee Found Unsuitable For Job Can Be Dismissed Without Notice During Probationary Period : Supreme Court
The Supreme Court recently reiterated the distinction between simpliciter termination and punitive termination. This distinction is crucial since if the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and...
Hapur Incident: Allahabad High Court Holds Special Sitting On Saturday, Forms Judicial Committee For Lawyers' Grievance Redressal
In a special sitting of Allahabad High Court on Saturday, a judicial committee has been constituted to address the grievances of the lawyers regarding the Hapur Incident. The committee comprises sitting judges of the Allahabad High Court, Justice Manoj Kumar Gupta (as the Chair), Justice Rajan Roy and Justice Mohd. Faiz Alam Khan. It further includes Advocate General of Uttar Pradesh or...
'State Assisted Accused, Failed To Prosecute Fairly': Supreme Court Directs Bihar Govt To Compensate Victims In 1995 Double Murder Case
Last week, the Supreme Court sentenced former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh to life imprisonment in the double murder case of 1995. While pronouncing the sentence, the Apex Court also directed compensation of Rupees 10 lakh each for both the deceased and Rs 5 lakhs each for the injured in the incident, to be paid by the Bihar Government and...
Jharkhand High Court Orders ₹8 Lakh Compensation To Man Falsely Accused In NDPS Case, Jailed For 8 Yrs
The Jharkhand High Court has directed the Additional Director General of the Narcotics Control Bureau (NCB), Sub Zone, Ranchi to pay a compensation of Rs. 8 lakhs to a man who was falsely implicated in a NDPS (Narcotic Drugs and Psychotropic Substances) and remained in jail custody for about 8 years for a crime which he did not commit.Justice Sanjay Kumar Dwivedi observed, “In view of above...
Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling was that...
Ashok Swain Moves Delhi High Court Against Fresh Order Cancelling His OCI Card, Says Can’t Be Witch-Hunted For Views On Current Govt
Academic and writer Ashok Swain has once again moved the Delhi High Court challenging a fresh order issued by the Central government cancelling his OCI card, stating that he cannot be witch-hunted for his views on current government or its policies. The fresh order was passed on July 30 after the court on July 10 quashed an earlier similar order and asked the Centre to pass a detailed...
S.370A IPC Not Attracted To Brothel Customers Unless It Is Shown They Had Knowledge That Sex-Worker Was Trafficked: Telangana High Court
The Telangana High Court has held that Section 370A of the Indian Penal Code cannot be interpreted to include a 'customer' within its ambit, unless there is evidence to prove that he had knowledge or reason to believe that the sex-workers were trafficked."...the complainant is always the Police Agency, who raids on the brothel houses, and that at that particular point of time, the...