Constitutional Law
Govt Employees Cannot Claim Hostel Subsidy Under Children's Education Allowance Scheme Merely Because School Mandates Hostel: Kerala HC
The Kerala High Court has held that government employees are not entitled to claim hostel subsidy under the Children Education Allowance (CEA) Scheme merely because a school mandates hostel accommodation.For context, the Children Education Allowance Scheme is a scheme introduced by the Department of Personnel and Training, Government of India, in favour of the employees of the Department...
Bombay High Court Refuses To Quash MCOCA Case Against 2 Developers Accused Of Conspiring With Gangster Ravi Pujari To Commit Extortion
The Bombay High Court on Tuesday (June 9) refused to quash a Chargesheet under MCOCA filed against two developers accused of hatching a criminal conspiracy with gangster Ravi Pujari for threatening a fellow developer and extorting money from him over a pending litigation regarding a land parcel in city's posh Powai area. A division bench of Justice Ajay Gadkari and Justice Ranjitsinha Bhonsale dismissed the plea filed by Rajan Sujanani and Kishore Vatnani both challenging the...
Threats Against Justice Gautam Patel's Family : Bar Bodies File PIL In High Court Seeking SIT Probe
Days after condemning the threats and attacks on the family members of former Bombay High Court judge Justice Gautam Patel over his judgment deciding the spiritual leader of the Dawoodi Bohra Community, the Bombay Bar Association (BBA) has filed a PIL seeking court's intervention and directions for safety of the judge and his family. Reportedly, Justice Patel and his family have been facing threats for the last 10 months now over a judgment he delivered on April 23, 2024, wherein the judge held...
Professionally Active Wife's Plea Of Inability To Travel Doesn't Inspire Confidence: P&H High Court Declines Transfer Of Divorce Case
The Punjab and Haryana High Court has dismissed a transfer petition filed by a wife seeking transfer of a divorce case instituted by her husband from Amritsar to Hoshiarpur, holding that no sufficient ground or genuine hardship was made out to warrant such transfer.Justice Nidhi Gupta said, "Moreover, from the material placed on record, including photographs annexed by respondent No.1,...
Can Prisoners Be Granted Ordinary Or Emergency Leave During Pendency Of Criminal Appeal? Madras High Court Full Bench To Decide
The full bench of the Madras High Court is set to decide whether a prisoner can be given ordinary or emergency leave during the pendency of his criminal appeal. The bench of Chief Justice SA Dharmadhikari, Justice CV Karthikeyan, Justice AD Jagadish Chandira, Justice M Nirmal Kumar and Justice Sunder Mohan will be deciding on the following questions of law: Whether leave under Tamil...
Motor Accident Claim | Salaried Deceased's Contribution As Homemaker Can't Be Added To Income Unless Evidence Is Adduced: Kerala High Court
The Kerala High Court, in a recent judgment, held that in motor accident claims cases, contribution of a deceased as a homemaker, who also was a salaried employee, cannot be added to monthly income unless proved by evidence.Justice Sobha Annamma Eapen was considering an appeal filed by the claimants seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal.The deceased was a salaried employee working as a sweeper in a school. She was walking on the public road when a...
'Prescribed Banned Compound To Children': MP High Court Denies Bail To Doctor Booked In Coldrif Cough Syrup Death Case
The Madhya Pradesh High Court denied bail to a Doctor, booked in a case involving the deaths of several children allegedly linked to adulterated cough syrup.The bench of Justice Pramod Kumar Agarwal observed; "the applicant who is the Child Specialist Doctor has prescribed the fixed dose compound to the children below the age of 4 years which was banned by the circular issued by the Government...
Can't Punish Employee For Delay Over Employer's Inaction: MP High Court Rejects State's Review Against Order Granting Pay-Hike Under Scheme
The Madhya Pradesh High Court has held that the power of review under Order 47 Rule 1 CPC is narrow in scope and cannot be exercised as a substitute for an appeal.For context, the provision enables the court to review its own judgment only in limited circumstances, such as discovery of new and important evidence, a patent error apparent on the face of the record or other analogous...
Unilaterally Revoking Building Permission After Substantial Construction Without Proof Of Fraud Violates Right To Property: MP High Court
While quashing the revocation of building permission and demolition order issued by Indore Municipal Corporation, Madhya Pradesh High Court observed that once the body had granted valid building permission upon which parties undertook construction, it cannot subsequently revoke the permission in the absence of any proof of fraud.In doing so the court said, that such conduct would violate...
MP High Court Directs Inquiry Against Investigating Officer For Arresting Accused In Illicit Liquor Case Based On Unverified Evidence
The Madhya Pradesh High Court has directed the Superintendent of Police, Alirajpur, to initiate an inquiry against the investigating officer who arrested an accused in an illicit liquor transportation case, allegedly based on a truck sale agreement that was never examined by the notary or the witnesses. The bench of Justice Jai Kumar Pillai observed that an inquiry was warranted to ensure...
Deprivation Of Property Without Timely Compensation Violates Article 14: MP High Court On Land Acquisition For NH Project
The Madhya Pradesh High Court has allowed the petition, where land was acquired for the construction of the National Highway, but the compensation amount was not released, observing that depriving landowners of their property without timely compensation violates Article 14 of the Constitution. The division bench of Justice Anand Pathak and Justice BP Sharma observed; "The right to...