High Courts
Right To Travel Abroad | Mere Pendency Of FIR Or Investigation Can't Justify Prolonged Operation Of LOC: Delhi High Court
The Delhi High Court has observed that mere pendency of investigation or registration of a criminal case cannot justify the prolonged operation of a look out circular against an accused.While quashing an LOC issued against a woman accused in a Rs. 22.5 crore real estate investment dispute, Justice Purushaindra Kumar Kaurav said that mere pendency of investigation cannot justify...
Chhattisgarh High Court Raps Police For Illegal Arrest, Alleged Custodial Violence; Awards ₹1 Lakh Compensation To Arrestee
The Chhattisgarh High Court has come down heavily on police officials for the illegal arrest, alleged custodial violence, and continuous harassment and humiliation meted out to a hotel owner, holding that the unwarranted incarceration resulted in a “serious infringement” of fundamental rights of personal liberty and dignity.While the petitioner was lawfully running his licensed hotel, it...
Just Compensation Paramount: J&K&L High Court Enhances MACT Award Despite No Cross-Appeal By Claimants
The Jammu & Kashmir and Ladakh High Court held that an appellate court can enhance compensation in a motor accident case even in the absence of a cross-appeal or cross-objections by the claimants, if the compensation awarded by the Tribunal is found to be inadequate.A bench of Justice Sindhu Sharma made the observation while dismissing an appeal filed by the Union of India challenging...
Tweeting Corruption Allegations Against Employer Can Amount To Misconduct Under Service Rules: Delhi High Court
The Delhi High Court has held that tweeting or publicly disseminating allegations of corruption against one's employer can amount to misconduct under applicable service rules.Justice Sanjeev Narula observed, “Petitioner publicly amplified allegations against the organisation through tweets and re-tweets, pursued representations beyond the internal framework, and was found to have attempted...
Delhi High Court Denies Furlough To Convict Vikas Yadav In Nitish Katara Murder Case, Cites Ineligibility Under Prison Rules
The Delhi High Court today dismissed a petition moved by Vikas Yadav, serving a 25-year jail term without remission for the murder of business executive Nitish Katara in 2002, seeking release on furlough.Justice Ravinder Dudeja reiterated that furlough is a discretionary relief and not an enforceable right.The Court dismissed Yadav's plea challenging the rejection of his application for...
State Gratuity Authorities Lack Jurisdiction Where Establishment Has Branches In Multiple States: Delhi High Court
The Delhi High Court has held that State-appointed authorities under the Payment of Gratuity Act, 1972 lack jurisdiction to adjudicate gratuity claims where the establishment has branches in more than one State, as in such cases the Central Government is the “appropriate government” under the Act.Justice Shail Jain observed,“the appropriate Government under the present case would be...
Advocate's Clerk Can Be A Valid Attesting Witness To Will: Gujarat High Court
The Gujarat High Court has held that the mere fact that an attesting witness to a Will is employed as a clerk with an advocate appearing in the matter cannot, by itself, render the witness unreliable or the Will suspicious, particularly when such witness has been examined by the very party seeking to challenge the Will. Justice J.C. Doshi was hearing an appeal filed by Mahesh Natubhai Gamit...
Grounds Of Arrest Need Not Specify Quantity Of Contraband For Accused From Whom No Seizure Is Made: Kerala High Court
The Kerala High Court has held that while communication of the grounds of arrest is a mandatory constitutional and statutory requirement, the specification of the quantity of contraband seized is necessary only in respect of those accused from whose possession the contraband was recovered.Dr. Justice Kauser Edappagath delivered the judgement in a bail application arising out of crime...
Following Alleged Surge In Missing Person Cases, PIL In Delhi High Court Seeks Recognition Of 'Right To Be Found'
A plea has been filed before the Delhi High Court seeking recognition and enforcement of the “Right to be Found” as an integral facet of the Right to Life, in the backdrop of what has been described as an “unprecedented crisis” of missing persons in the national capital.The petition, filed by NGO Freedom Reclaimed, states that more than 800 persons were reported missing in Delhi...
Compassionate Appointment | 'Feel Sentiment Of Sufferer': Allahabad High Court Invokes Art 51A (g); Quashes PNB's Non-Speaking Order
The Allahabad High Court (Lucknow Bench) recently quashed a one-line order passed by the Punjab National Bank (PNB) rejecting the compassionate appointment claim of a deceased employee's son. While allowing the petition filed by one Abhishek Jaiswal, a bench of Justice Shree Prakash Singh observed that the word 'compassion' cannot be considered in a vacuum, as it denotes...
Kerala High Court Expunges Caution Against Doctor For Being Unaware Of Mental Healthcare Act Mandates, Notes He Acted Professionally
The Kerala High Court recently expunged a caution given to a doctor by the Statutory Mental Health Review Board for being unaware of the provisions of the Mental Healthcare Act, 2017.The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha was considering an appeal that challenged the order of the Review Board.The appellant in this case was a doctor having a career...
Delhi High Court Seeks Centre, DMRC's Response On Adding Hindi Inscription 'Sarvochaya Nyayalaya' At Supreme Court Metro Station
The Delhi High Court on Wednesday sought the stand of the Central Government as well as the Delhi Metro Rail Corporation (DMRC) as to why the name of Supreme Court metro station cannot be inscribed as “Sarvochaya Nyayalaya” in devnagri script, in addition to its translation in english. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought stand of...