High Courts
When Pay Scale Is Revised Retrospectively, Entitled Pensioners Must Be Given Benefits Even If They Retired Before Revision Order: Kerala HC
The Kerala High Court has reiterated that when pay scale is revised retrospectively, then the revised pay scale must be considered while calculating pension even if the pensioners have retired prior to the issuance of the pay revision order, provided they are entitled to the revised pay scale.In doing so the high court upheld an order of the Kerala Administrative Tribunal which set aside...
'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. The Court held that if he was given relaxation while he was appointed to the post, he could...
Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates
Rajasthan High Court has reiterated that merely because a person was holding some relevant evidence to present on the questions involved in a dispute, that in itself would not make that person a necessary party to be impleaded in the suit.The bench of Justice Nupur Bhati further relied upon the principle of dominus litis, to reject defendant's challenge against order of trial court that...
Strict Proof Of Marriage Not Required To Claim Maintenance When Couple Have Been Living As Husband & Wife For Long Time: Calcutta HC
The Calcutta High Court has held that strict proof of marriage is not required while claiming maintenance under section 125 CrPC for a couple who had been living as husband and wife for a prolonged period of time. Justice Ajay Kumar Gupta held: "Where a man and woman have been living together as husband and wife for a reasonable long period of time, strict proof of marriage should not be...
Allahabad HC Directs ECI To Preserve Documents, CCTV Footage Of 2024 Aligarh Lok Sabha Polls On SP Candidate's Plea
The Allahabad High Court on Tuesday directed that all documents and CCTV footage relating to the 2024 elections in UP's Aligarh Lok Sabha constituency be preserved till the disposal of an election petition filed by Samajwadi Party candidate Chaudhary Bijendra Singh. “…we make it clear that all the documents in relation to the election including the videography / CCTV footage, Form...
State Must Conclude Land Acquisition Within 'Reasonable Time' After Barring Construction U/S 27 Rajasthan Housing Board Act: High Court
Rajasthan High Court has ruled that notification under Section 27 of the Rajasthan Housing Board Act, 1970 barring construction on a proposed scheme area affects the right to enjoyment of property of landowners and thus, it cannot be allowed to block the property for an indefinite period. The division bench of Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that after...
Rampant Dog Bite Cases: Meghalaya High Court Directs Shillong Municipal Board To Provide Shelter For Strays
The Meghalaya High Court on Wednesday (November 27) directed the State government as well as the Shillong Municipal Board to take immediate steps to acquire shelter where street dogs can be kept.The division bench of the Chief Justice I.P. Mukerji and Justice W. Diengdoh passed the direction while hearing a PIL involving the following issues:With regard to relocation of the zoo...
S.2(p)(iii) KAAPA | Complaint By Police Can Be Counted Towards Declaring Accused 'Known Rowdy' If No Personal Grievance Involved: High Court
The Kerala High Court has held that the bar under Section 2(p)(iii) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) does not apply if the police officer does not have any 'personal grievance' against the accused. The Division Bench of Justice Raja Vaijayaraghavan V. and Justice Jobin Sebastian observed that such a grievance cannot be said to have existed if the crime...
Adversarial Litigation In Service Matters At Instance Of A Stranger/ Busy Body Not Permitted: Allahabad HC Imposes ₹20K Cost
The Allahabad High Court recently observed that as per the law laid down by the Constitutional Courts, there is no permission for the initiation of adversarial litigation in service matters at the instance of a stranger or a busybody. A bench of Justice Ajay Bhanot observed thus while imposing a cost of Rs. 20,000/- on a petitioner to discourage his conduct of filing a writ...
Madhya Pradesh High Court Discharges Contempt Proceedings Against State Bar Council After Its Unconditional Apology For 2023 Lawyers' Strike
While deciding a suo-moto PIL, the Jabalpur bench of the Madhya Pradesh High Court discharged the contempt proceedings against the State Bar Council for calling a strike last year. The court did so after taking on record the affidavit filed by the Chairman of State Bar Council as per which the state bar council took responsibility for the strike and also accepted their unconditional...
Calcutta High Court Directs State To Ensure Puja Committee Discourages Mass Sacrifice Of Animals At Bolla Kali Temple
The Calcutta High Court directed the West Bengal government to ensure that the puja committee at the Bolla Kali temple does not encourage the mass sacrifice of animals on the occasion of Bolla Kali puja, which was celebrated on 22nd November.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was hearing a plea by the Reforms Social Welfare Foundation seeking to...
BHU Student Death Case: Allahabad High Court Seeks Status Of Chargesheet Against 2 UP Police Constables
The Allahabad High Court has asked the Uttar Pradesh government to clarify whether a chargesheet has been filed against the two police constables and one home guard who were allegedly found involved in the death case of a 24-year-old student from the Banaras Hindu University (BHU). A bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar granted the State Counsel until December...