Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC

Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951 (“the Rules”) is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. However, suspending an employee over...

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC

Rajasthan High Court has affirmed that if there are two documents for ascertaining the income of the deceased including a salary certificate from his/her employer and his/her Income Tax Returns (“ITR”), the latter shall be considered by the Court since these are statutory documents signed by the deceased himself/herself.The bench of Justice Nupur Bhati was hearing an appeal against...

No Exclusive & Conscious Possession Of Contraband: Rajasthan High Court Grants Bail To Woman Who Only Accompanied NDPS Accused In Same Car

Rajasthan High Court recently granted bail to a woman charged under the NDPS Act after she was found sitting with the primary accused in the car from which 77 Kg of contraband was recovered.The bench the of Justice Farjand Ali took into account the plea of the petitioner that she was not having exclusive and conscious possession of the contraband, and was merely accompanying the primary...

Brothel Customer Was Not Acting In Its Management: Calcutta High Court Quashes Immoral Trafficking Case Against Man

The Calcutta High Court has quashed a case against a man who was found in a "compromising position" at a brothel. Petitioner, was charged under the provisions of the Immoral Traffic (Prevention) Act 1956 (in short Act of 1956).In quashing the case, a single bench of Justice Ajoy Kumar Mukherjee held:From the record it appears that there is no material on record even after completion...

Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy

While permitting a 16-year-old alleged rape survivor to terminate her over 24 week pregnancy, the Gujarat High Court last week issued guidelines for registered medical practitioner/medical board to follow while forming their opinion on termination of pregnancy focussing on physical and emotional well-being of the pregnant person. A single judge bench of Justice Sanjeev J Thaker, in its November...

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant any relief to one Ashish Gadkari,...

No Explicit Option For CPF Means Automatic Transition To GPF Scheme: Madras HC Upholds Pension Rights Of KV Teachers

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's orders granting pension rights under the General Provident Fund (GPF) scheme to retired Kendriya Vidyalaya teachers. The Court ruled that teachers who had not explicitly opted to remain under the Contributory Provident Fund (CPF) scheme by January 31,...

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The accused who was sitting inside the car with other men asked his daughter to stop and come inside the car. When she refused,...

HR & CE Authorities Must Take Action On Complaints Of Encroachment, Not Put It In Cold Storage Making Deities Yearn For Due Share: Madras HC

The Madras High Court recently stressed that when an application is received informing instances of encroachment of temple land, the Hindu Religious and Charitable Endowment authorities were expected to look into the same and take immediate action. Justice M Dhandapani made the remarks after noting that due to inaction on the part of HR & CE officials, encroachers often enjoyed...

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed of in view of...

Orissa High Court Allows Holding Of Bali Jatra At Both Upper And Lower Grounds, Orders Regular Breath Analyser Test For 'MoBus' Drivers

The Orissa High Court last week allowed the Cuttack district administration to organize the historic Bali Jatra at both the upper as well as lower Bali Jatra grounds scheduled to be held between November 15-22. While hearing a PIL petition concerning the civic issues pertaining to Cuttack a division bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh in its November 7 order said,...

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea

The State has to be accorded some latitude while considering the plea for condonation of delay filed by the State but the same cannot be stretched to an extent that the limitation Act is rendered otiose, said the Punjab & Haryana High Court while refusing to condone delay of 174 days in filing the revision plea.Justice Sumeet Goel was hearing plea filed by UT Chandigarh seeking condonation...