High Courts
CPI(M) Area Conference: Kerala HC Seeks Personal Appearance Of Circle Inspector Over Violation Of Judgment Prohibiting Public Meet On Roads
The Kerala High Court has sought personal appearance of concerned Circle Inspector of Police on Thursday (12 December), to explain the facts and circumstances in the contempt petition against CPI(M) State Secretary M V Govindan for allegedly blocking public roads for holding Palayam area conference.The party conference was held on December 05, which allegedly blocked the road in front of...
So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two Teachers
The Karnataka High Court has refused to quash case registered against founder trustee of a Madarasa who did not report to the police about the alleged incident of unnatural sexual assault committed by two Madarasa teachers on a minor boy. The court observed that the offences alleged against the accused was "so horrendous" that the petitioner should have reported it immediately when it came to...
In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped
The Gauhati High Court on Monday (December 9) permitted a minor girl who was allegedly gang raped, to terminate her 26-week pregnancy, after noting that it would be in the girl's best interest. A division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund passed the order while hearing a Suo Moto writ petition registered on the basis of a news article published in the Times...
Oral Complaint Can't Substitute Requirement Of Written Compliant For Conducting Inquiry Under POSH Act: Kerala High Court
The Kerala High Court has held that oral complaints given by an employee alleging sexual harassment to various authorities cannot be a substitute for a written complaint for carrying an inquiry under Section 11 of the Prevention of Sexual Harassment at Workplace Act.In the facts of the case, the local level committee constituted under Section 6 of the Act initiated the inquiry based on...
Unauthorized Absence From Service, Sufficient Ground For Dismissal, Tripura High Court Upheld Employee's Termination
A single judge bench in the High Court of Tripura, composed of Justice T Amarnath Goud ruled that the petitioner's unauthorized absence was a sufficient ground for his termination from the service as he was given sufficient opportunities to respond. Background facts of the case The petitioner (Employee) was appointed as a deputy secretary in the Tripura board of secondary education....
Pension Rules Prevailing When Voluntary Retirement Is Sought Apply To Govt Officer, Not Rules As On Expiry Of Notice Period: MP High Court
The Indore bench of the Madhya Pradesh High Court recently held that in cases of voluntary retirement, the Pension Rules as on the date of application of voluntary retirement shall be applicable and not the Rules prevailing on the date of expiration of the notice period of the government servant.A single judge bench of Justice Vijay Kumar Shukla observed, “In case of voluntary retirement of...
Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench
A single bench of the Delhi High Court has referred the question of “whether charges under Section 174A of the IPC can be clubbed with charges under Sections 172-188 IPC and whether the court can proceed without a complaint under Section 195 of the Cr.PC”, to a larger bench for consideration.For context, Section 174-A, added through an amendment in 2005 and enacted in 2006, penalizes...
'Unfortunate': Allahabad HC Questions UP Govt For Stationing State Forces In Education Institution Buildings For Magh Mela
Last week, the Allahabad High Court expressed its concerns over the Uttar Pradesh government's recent decision to requisition the buildings of educational institutions in Subedarganj (Prayagraj) to station state forces to meet any mishap on account of the upcoming Magh Mela. The Magh Mela is one of the greatest annual religious affairs for Hindus. It is held annually in the city...
Kerala High Court Extends Waqf Board's Term Until Election Process Initiated By State Concludes
The Kerala High Court recently extended the term of the state Wakf Board–whose term was set to expire on December 14–until the election initiated by the state government for the constitution of the board is concluded.The Division Bench of Justice Amit Rawal and Justice Easwaran S ordered thus: “we further issue a direction that the term of the elected body of the Board which is going...
Karnataka State Law University Has Autonomy To Regulate Its Revaluation Process: HC Rejects Student's Plea Against Evaluation Standards
The Karnataka High Court has dismissed an appeal filed by a Law student challenging an order of the single judge which rejected his petition questioning the re-valuation standards adopted by the Karnataka State Law University.In doing so the court underscored that in absence of any provision under the University's regulations which provide for revaluation beyond the process already...
Borrowers Breaching Terms & Conditions Of OTS Scheme Cannot Seek Direction From Court To Compel Bank To Honour Obligations: Kerala High Court
The Kerala High Court has held that borrowers who breach the terms and conditions of the One Time Settlement (OTS) Scheme, cannot be permitted to seek directions from the Court to compel the bank to honour its obligations under the OTS Scheme.The present appeals were filed by the State Bank of India, aggrieved by the orders in the writ petitions where benefits under the OTS Schemes were given...
Calcutta High Court Monthly Digest: November 2024
NOMINAL INDEXSMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 230STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231Gautam Ray Vs. State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 232Bally...