High Courts
Right To Dignity Under Article 21 Includes Being Able To Attend Once In A Lifetime Family Rituals Like Son's Wedding: Rajasthan High Court
Rajasthan High Court has ruled that Right to Life under Article 21 of the Constitution of India also includes Right to live with dignity that encompasses attending once in a lifetime family rituals like right of a father to attend son's marriage.The bench of Justice Arun Monga was hearing a petition filed on behalf of the accused who was in judicial custody for last 6 years on multiple FIRs...
Karnataka High Court Weekly Round-Up: October 21 To October 27, 2024
Citations: 2024 LiveLaw (Kar) 444 To 2024 LiveLaw (Kar) 449Nominal Index:ALL INDIA DALIT ACTION COMMITTEE ® AND Rahul Gandhi & Others. 2024 LiveLaw (Kar) 444Prajwal Revanna v. State of Karnataka and other petitions. 2024 LiveLaw (Kar) 445M/s Steel Rocks INC & ANR AND M/S. BANGALORE ELEVATED TOLLWAY PVT. LTD & ANR. 2024 LiveLaw (Kar) 446B Gopal Krishna & ANR AND...
Failure To Apply Statutes And Binding Precedents Constitutes Error Reviewable Under Order 47 Rule 1 CPC: J&K High Court
The Jammu and Kashmir and Ladakh High Court has emphasised that the failure to apply statutes and binding precedents constitutes a palpable legal flaw warranting review under Order 47 Rule 1 of the Code of Civil Procedure, 1908.A bench of Justice M.A Chowdhary clarified that courts must adhere to applicable statutes and precedents, especially those laid down by the Supreme Court, to...
Victim Compensation Scheme More Beneficial To Rape Survivor Can Be Applied Retrospectively: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that the Victim Assistance Scheme of UT Chandigarh, 2018 can be applied retrospectively, which means that the rape victim can be given benefit of compensation under the scheme even if the judgement of conviction was passed prior to its enforcement.In the present case, the plea to apply the scheme retrospectively was filed by a rape victim who...
Temporary Suspension Of Business Activity On Account Of Ill Health Does Not Warrant Cancellation Of Taxpayer's GST Registration: Delhi HC
Finding that proper officer passed the order cancelling taxpayer's GST registration with retrospective effect, the Delhi High Court clarified that such order does not indicate any reason for cancelling the GST registration much less from retrospective effect.The High Court found that the only allegation against the assessee was that it was non-existent, which was sufficiently addressed by...
Right To Travel Abroad Is A Basic Human Right, Denying Permission To Travel Due To Pending Dept Enquiry Violates Article 21: Rajasthan HC
Rajasthan High Court has affirmed that the pendency of departmental enquiry could not be a ground to deny permission to employees to travel abroad. Such rejection of permission amounted to a violation of the fundamental right to personal liberty under Article 21 of the Constitution which could not be taken away except in accordance with the procedure established by law.The bench of Justice...
'Dismaying' That Despite Approval From Acting Chief Justice To Upgrade Pay-Scale Of Stenographers, Govt Did Not Release Arrears: Delhi High Court
The Delhi High Court recently expressed its dismay against the Delhi government for not upgrading the pay scales of certain stenographers working in the Delhi District Courts, despite the Acting Chief Justice approving an administrative note concerning the revised pay scales.The petitioner no. 1, an association of Stenographers working in the Delhi District Courts, along with petitioner no. 2,...
Not Every Legal Mistake Made by Arbitral Tribunal Is Patent Illegality, Scope Limited To Substantive Laws: Delhi High Court
The Delhi High Court Bench of Justice Neena Bansal Krishna has held that patent illegality applies only to violations of substantive law of India, the Arbitration Act, or the rules applicable to the substance of the dispute. It does not apply to every legal mistake made by the arbitral tribunal.Additionally, the court held that the scope of a challenge under Section 34 of the Act, 1996 is...
Unilateral Reduction Of Pension Benefits Without Notice Violates Natural Justice; Patna HC Protects Retirees' Rights
Patna High Court: A Single Judge Bench of Justice Harish Kumar upheld the rights of retired non-teaching staff of L.N. Mithila University to receive full Assured Career Progression (ACP) benefits and proper pension adjustments. The Court ruled that the university's unilateral reduction of retirement benefits without notice violated principles of natural justice and established pay...
Delhi HC Issues Notice On Plea For Inclusion Of MRKH Type- II Syndrome As Benchmark Disability Under Rights Of Persons With Disabilities Act
A petition has been filed in the Delhi High Court seeking directions to the Union of India for inclusion of the Mayer-Rokitansky-Kuster-Hauser Type- II syndrome ('MRKH Type- II Syndrome') under the Rights of Persons With Disabilities Act, 2016 (RPWD Act).The petition states that the MRKH Type- II Syndrome is characterized by congenital aplasia of the reproductive organs in women, which causes...
Violent Strike Justifies Immediate Termination Without Enquiry: Bombay HC
Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Court ruled that where employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can...
Court Not An Expert In History Of Origin Of Race: Madras High Court Asks State To Review Aryan-Dravidian Theory Taught In Schools
The Madras High Court recently refrained from passing any orders on a plea questioning the Aryan-Dravidian race theory taught in educational institutions. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy remarked that the court was not an expert in the history of origin of race and thus could not grant the relief as requested for. The court thus observed that...