High Courts
State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court
Recently, the Allahabad High Court has held if an application for compassionate appointment is made beyond the permissible limit of 5 years, it is not up to the appointing authority to consider the matter. Justice J.J. Munir held that as per Uttar Pradesh Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 the application was to be placed before the State, who would...
“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases
The Jodhpur bench of Rajasthan High Court recently directed the State to delete the name of a man–booked in seven cases–from the police's Surveillance Register on the ground that he had not been convicted twice in the cases pending against him.Perusing through the record, judgments cited by the parties and Rajasthan Police Rules, Justice Manoj Kumar Garg in his order said, “Court is of...
Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court
The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the consent of the parties cannot confer jurisdiction to the assessing authority for initiation of an action which...
“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases
Emphasising the urgent need for specialized investigative teams to handle cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act the Jammu and Kashmir and Ladakh High Court has observed that casual, unfair, and non-scientific investigations in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal...
Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Such consent, the Court emphasised, cannot be excused under Section 90 of the Indian Penal Code (IPC) and can lead to a conviction for rape...
Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court
The Karnataka High Court has said that while fixing or revising the Minimum Wages to be paid to employees, employers which is a stakeholder and which will be affected in the exercise, should have their say and the stand before the notification is passed by the Government.A division bench of Chief Justice N V Anjaria and Justice K V Aravind while allowing the appeal filed by employers...
'Has A History': High Court Denies Bail To 21-Yr-Old Booked For Rash Driving Which Claimed Nine Lives Last Year In Ahmedabad
Dismissing the bail plea of a 21-year-old man booked for causing an accident in 2023 at Iskon Bridge in Ahmedabad which claimed nine lives, the Gujarat High Court said that material on record indicated that he had a history of rash driving and had earlier caused several vehicular accidents due to such driving.The Applicant sought bail in connection with the FIR for offences under Section...
'Hiring' Of Helicopters By Andaman & Nicobar Admin Not Exigible To Tax Under Central Sales Tax Act: Delhi High Court
The Delhi High Court has held that the supply of helicopters by Pawan Hans Ltd. to the Andaman & Nicobar Islands administration, under an agreement executed in the year 2003, is not exigible to tax under the Central Sales Tax Act, 1956. A division bench of Justices Yashwant Varma and Ravinder Dudeja reasoned that the agreement did not qualify as a 'sale' between...
District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". The Court said that, "Bails deal with pre-trial curtailment of liberty on...
Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court
The Kerala High Court stated that orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order. The Bench of Justice Gopinath P. was considering the issue that whether orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of...
Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act
Coming to the aid of an interfaith couple, the Jabalpur Bench of Madhya Pradesh High Court directed the state to facilitate the marriage of a Hindu girl and a Muslim boy before the marriage officer. In doing so, the court said that there is no prohibition to inter-faith marriage under Section 4 of the Special Marriage Act, 1954.A division bench of Chief Justice Suresh Kumar Kait and Justice...
Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. Referring to various Supreme Court judgments, Justice A. Badharudeen held that such a case...