'Troubling Pattern': High Court Directs Punjab DGP To Explain Repeated Non-Appearance Of Prosecution Witnesses In NDPS Cases

Continued indifference by the prosecution will not be tolerated, said the Punjab & Haryana High Court while seeking affidavit from DGP Punjab explaining "the repeated non-appearances of prosecution witnesses, particularly in cases registered under the NDPS Act."Justice Manjari Nehru Kaul said, "This court has noted a troubling pattern where prosecution witnesses, primarily police...

Permanency Of Post Not To Be Granted Merely On The Completion Of Certain Days Of Service; But To Be Considered If Scheme Present For The Same:Bombay High Court

The Bombay High Court Bench of Justice Sandeep V Marne considered a petition against an order passed by the Industrial Court allowing Respondents grant of permanency as well as other benefits. The Court ordered that simply completion of 240 days of service is not enough to mandate permanent post, however, in case creation of permanency was in consideration, via scheme provision or...

Disabilities Can Be Attributed To Service In Army Due To Stressful Work Conditions, Delhi High Court Grants Disability Pension

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur attributed the disabilities of the Respondent to his Service considering that an Army Personnel undergoes rigorous work stress and strain. It upheld the order of the Armed Forced Tribunal stating that the Army personnel worked in a stressful and hostile environment and thus, presumably,...

Allahabad High Court Monthly Digest: September 2024

Nominal IndexM/S Anil Rice Mill vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 533 Jyotish Chandra Thapliyal vs. Smt. Deveshwari Thapliyal 2024 LiveLaw (AB) 534 Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536 Remo D Souza v.s State of U.P. and Another 2024 LiveLaw...

Allahabad High Court Quarterly Digest: July – September 2024 [Citations 414 - 606]

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE QUARTER [Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court Case Title: Maharaj Kumari Vishnupriya v. State of U.P. and 2 Ors. 2024 LiveLaw (AB) 414 Case citation: 2024 LiveLaw (AB) 414 The Allahabad High Court has held...

Bombay HC Sets Guidelines For Reviewing Proportionality Of Industrial Disciplinary Action; Bars Use Of New Evidence From Assessing Proportionality Of Punishment

Bombay High Court: A Single Judge Bench of Justice Anil L. Pansare remanded the case of a dismissed worker back to the Labour Court, directing a fresh assessment of punishment proportionality based solely on existing evidence. The court ruled that while Mahindra and Mahindra could potentially justify harsher punishment for the alleged protest leader, the stark disparity between...

Denial Of Bail Must Be A Judicious Exception, Personal Liberty Under Article 21 'Too Precious' To Be Curtailed Casually: J&K High Court

Reaffirming the fundamental value of personal liberty enshrined under Article 21 of the Constitution, the Jammu and Kashmir and Ladakh High Court has granted absolute anticipatory bail to one accused in a case involving sexual offenses and harassment.While making the interim pre arrest bail absolute in nature Justice Mohammad Yousuf Wani emphasized that the denial of bail is not a matter...

Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne set aside the Labour Court's and Industrial Court's orders reinstating a security associate dismissed from JW Marriott for theft. The Court held that theft of hotel property by a security employee constitutes serious misconduct regardless of the value of stolen items, given their position of trust. The Court found...

MV Act | Narrow Or Technical Interpretation Of “Income” Defeats Objective Of Providing Just Compensation To Victims, Dependents: J&K High Court

Underscoring the importance of a balanced approach in determining compensation under the Motor Vehicles Act, the Jammu and Kashmir and Ladakh High Court has emphasized that the term “income” cannot be given a narrow or technical meaning, as such an approach defeats the objective of providing just compensation to victims and their dependents.Highlighting the balancing act that a Motor...

Consumer Commission Must Decide Issue Of Pecuniary Jurisdiction Before Proceeding On Merits: Jharkhand High Court

In a plea concerning a matter entertained by the district consumer disputes redressal commission without first deciding issue of pecuniary jurisdiction, the Jharkhand High Court reiterated that this issue must be decided first by a court or a tribunal before proceeding further. The court also emphasized the supervisory role of High Courts under Article 227 of the Constitution to intervene...

Madhya Pradesh High Court Seeks Centre, State's Stand In PIL Against Rising Traffic Congestions, Noise Pollution

The Jabalpur bench of the Madhya Pradesh High Court on Wednesday (October 23) sought the stand of the Centre and State in a public interest litigation petition pertaining to noise pollution and Traffic congestion, particularly in the city. A division bench of Justice Sanjiv Sachdeva and Justice Vinay Saraf directed the respondents including Union of India, the State of Madhya Pradesh, and the...

Rajasthan High Court Seeks BCI's Response On Plea Challenging Its Power To Extend Term Of State Bar Council Members Beyond Statutory Period

Rajasthan High Court sought reply from the Bar Council of India (“BCI”) in a petition challenging the amendment to Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rule, 2015 (“the Rules”) and thereby empowering itself to extend the term of elected members of State Bar Councils prescribed under Section 8 of the Advocates Act, 1961 (“the...