High Courts
'Can Reform If Sent Back To His Books': Bombay HC Grants Bail To 'Young Adult' Booked For Assault, Allows Him To Complete Class 12 Studies
The Bombay High Court while granting bail to a 'young adult' booked for assaulting a man along with his 'gang members', noted that he was merely 18 years old at the time of the incident and that he was studying in Class 12 and therefore, granted him bail observing that "he will be reformed if he goes back to his books."Justice Milind Jadhav said keeping the accused behind bars would only make...
Charging Stations For E-Vehicles In Housing Societies Will Help Reduce Air Pollution: Bombay High Court Asks State To Finalise Legal Framework
Observing that charging stations for electric vehicles within society premises will help reduce the menace of air pollution, the Bombay High Court recently ordered the Maharashtra government to finalise its policy with regard to installation of charging points/stations with the housing societies, at the earliest.A division bench of Justices Girish Kulkarni and Advait Sethna while dealing with...
Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC
Gujarat High Court: A Single Judge Bench of Justice M.K. Thakker upheld the Labour Court's rejection of a recovery application under Section 33(C)(2) of the Industrial Disputes Act, 1947. The court held that without a pre-existing right, claims for additional wages, bonus, and rent were not maintainable under this provision. It explained that Labour Courts cannot adjudicate new claims...
Experience Gained By Discharging Duties 'For A Long' Time Is Enough To Hold That Employee Is Qualified For Post: MP High Court Reiterates
The Jabalpur bench of the Madhya Pradesh High Court reiterated that experience gained by discharging duties for a long period of time is sufficient to hold that an employee has the requisite qualifications.In doing so, Justice Sanjay Dwivedi allowed a man's plea who was terminated from service as a Driver noting that apart from him not having the required educational qualification there were...
"Prison Walls Cannot Obstruct Fruits Of Article 21": Allahabad HC Issues Directions For Welfare Of Children Living In Prison With Parents
While hearing a bail plea of an accused mother living with her minor son in prison, the Allahabad High Court has issued several directions to various state authorities regarding the protection and welfare of children who are living with parents lodged in prisons.Stressing their right to education and right to life under Article 21 of the Constitution of India, Justice Ajay Bhanot observed...
Substantial Progress Made For Recruitment In Fire Depts: State Informs Gujarat High Court In Rajkot Fire Suo Motu Plea
The State government informed the Gujarat High Court on Friday (January 31) that substantial progress has been made in the recruitment of officers in fire departments of various corporations including those at Surat, Ahmedabad and Rajkot.The submission was made before a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi which was hearing a suo motu petition initiated by...
Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee
Note: The High Court's order has been subsequently stayed by the Supreme Court.The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan (“BCR”) dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution...
GST Registration And Payment Of Tax After Inspection Is Not Voluntary Conduct: Madras High Court
The Madras High Court stated that GST registration and payment of tax after inspection is not a voluntary conduct.The Bench of Justice K. Kumaresh Babu observed that “there is a deliberate attempt to evade payment of tax by not registering himself under the Act and also issuing receipts as donation to the Trust. Only after the inspection they have agreed to pay the tax by...
"Land Belongs To Deity": Rajasthan High Court Rejects 35-Yr-Old Plea Challenging Re-Entry Of Temple Land In Revenue Records
The Jaipur bench of the Rajasthan High Court recently dismissed a 35-year-old plea against an order by which the Ajmer Revenue Board "re-entered" into the records, a land on which Shri Gopalji Temple is situated, underscoring that the land in question belongs to a deity–a minor who is precluded from availing legal remedies without human help. Justice Avneesh Jhingan further said that based...
Proviso To S.10A Of IBC Doesn't Bar CIRP Applications Where Default Continues Beyond Moratorium Period: Madras High Court
The Madras High Court bench comprising Justice S.S. Sundar and Justice P. Dhanabal has held that the proviso to Section 10-A of the Insolvency and Bankruptcy Code (IBC) does not extend to cases where the default continues beyond the moratorium period. The court noted that Section 10-A only imposes a moratorium temporarily suspending the initiation of the Corporate...
S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court
The Supreme Court (January 28), while allowing constables' appeal against their conviction for murder, reiterated that in order to charge accused persons under Section 34 (common intention) of the IPC, it must be established that the accused had preplanned the act and shared a common intention. Reliance was placed on several judgments including the recent decision in Madhusudan and others...
'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University
The Kerala High Court cancelled the selection of Assistant Professors in Kannur University made by the Selection Committee partly chaired by the former Vice Chancellor Gopinath Ravindran. In-midst of the selection process, on November 30, 2023 the Supreme Court had set aside the appointment of Dr. Gopinath Ravindran as the VC of the University.On the second day of the interview, Dr....