Transfer Policies Are Administrative Guidelines, Not Enforceable Rights; Voluntary Retirement Can't Be Withdrawn After Acceptance: P&H HC

Punjab and Haryana High Court: A Single Judge Bench of Justice Deepak Gupta dismissed writ petitions filed by Babita Kaushal against Punjab Gramin Bank. The court held that transfer policies are merely administrative guidelines and do not create enforceable rights. It ruled that once an employee opts for voluntary retirement, they cannot withdraw the request after it's accepted by...

Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty

While hearing petitions seeking quashing of FIRs filed by a relative of the accused, the Delhi High Court observed while exercising jurisdiction under Section 482 CrPC the high court would not normally determine whether evidence is reliable as that is the Trial Court's function. The court further remarked that while judicial process must not be used used for harassment, Section 482 cannot be...

Punjab & Haryana HC Transfers Pleas Challenging Sarpanch's Election Amid Allegations Of Bias Against Election Tribunal's Presiding Officer

The Punjab and Haryana High Court has transferred petitions challenging result of Gram Panchayat polls pending before one sub divisional magistrate (SDM)–who was the presiding officer of the concerned election tribunal, to another SDM in the district after noting that the official had acted as Election Officer at one point of time. The court passed the order in a batch of petitions...

Joint Commissioner Has Jurisdiction To Initiate Proceedings Against Assessment Order Passed Pursuant To Remand: Kerala High Court

The Kerala High Court stated that Joint Commissioner has jurisdiction to initiate proceedings under Section 56 of the KVAT Act against assessment order passed pursuant to remand. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “when the fresh assessment order was passed consequence to the remand, the original assessment order ceased to exist...

Allahabad HC Quashes Immoral Trafficking Case Against Man Allegedly Found In Compromising Position Inside Noida Spa

The Allahabad High Court has recently quashed proceedings against a man booked under Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC who was found in a compromising position with a woman inside a Thai Spa in Noida.Upon receiving secret information, a raid was conducted at Allora Thai Spa Centre, Noida where individuals were found to be engaging...

[Prevention Of Corruption Act] Preliminary Inquiry Before Obtaining Approval From Competent Authority Violates Section 17A: Karnataka HC

The Karnataka High Court has held that collection of materials by the Lokayukta police before registration of FIR under provisions of the Prevention of Corruption Act, would amount to a violation of Section 17A of the Act.Justice M Nagaprasanna held thus while partly allowing a petition filed by S Laxmi and others who work with Pattana Panchayat, Jagalur, Davangere District, had approached...

Bombay High Court Dismisses Plea Challenging Nitin Gadkari's Election To 18th Lok Sabha From Nagpur; Imposes Costs On Petitioner

In a relief to Union Road Transport Minister Nitin Gadkari, the Bombay High Court has dismissed a petition challenging his election to the 18th Lok Sabha from the Nagpur constituency, wherein he was accused of resorting to 'malpractices' by printing voter slips with his photos and BJP symbol on it and distributing the same to the voters.Single-judge Justice Urmila Johsi-Phalke dismissed...

Justice Biren Vaishnav To Helm Gujarat High Court Once Again As Chief Justice Sunita Agarwal Goes On Leave

The Central Government has notified the appointment of Justice Biren Aniruddh Vaishnav to perform the duties of the office of the Chief Justice of Gujarat High Court from March 20-31.The appointment was made in view of the fact that Chief Justice Sunita Agarwal is going on leave during that time. The March 19 notification issued by the Union Ministry Law and Justice states:"In exercise of...

Allahabad HC Directs Etawah Jail Head To Allow Murder Convict To Pray 5-Times A Day During Ramadan & Retain Quran

The Allahabad High Court on Monday directed the Jail Superintendent of Central Jail, Etawah, to ensure that a high-security prisoner's religious practices, including offering prayers five times a day during Ramadan, are not “interfered with” and that he is “allowed” to retain the Quran in his possession. A bench of Justice Ashwani Kumar Mishra and Justice Nand Prabha Shukla...

[POSH Act] Kerala HC Directs State To Frame Guidelines To Ensure Anonymity Of Complainant From Public Domain During Enquiry: Kerala HC

The Kerala High Court has directed the State Government to formulate guidelines for anonymising details of the complainant from public domain during the enquiry proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Court stated that at present there is no mechanism under the POSH Act to anonymise the details of...

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has clarified that the provisions of Section 329 of the Code of Criminal Procedure (Cr.P.C), which deal with the procedure for trying a person of unsound mind, can only be invoked after the framing of charges in a criminal trial.A bench of Justice Sanjay Dhar emphasized that the trial court cannot entertain an application under Section 329...

Composite Enquiry Against Mulitple Delinquent Employees Possible Only If They Have Common Disciplinary Authority: Rajasthan HC

Rajasthan High Court affirmed that in cases where there was more than one delinquent employee with similar or common charges, composite disciplinary proceedings could take place against them only if the competent and disciplinary authorities of all such delinquent employees were the same. In case such authorities were different for all employees, the jurisdiction of one could not be snatched...