No Right To Regularization For Casual Workers Without Proper Recruitment Process: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Chandra Dhari Singh ruled on petitions involving a PNB temporary worker's termination and regularization claims. The court upheld the Industrial Tribunal's finding of illegal termination but modified the relief from reinstatement to monetary compensation of Rs. 2.5 lakh. The court rejected the worker's regularization claim, citing...

Cheque Bounce Complaint Maintainable Despite Freezing Of Account By ED/ IT Dept If Complainant Establishes 'Insufficiency Of Funds': Madras HC

The Madras High Court recently observed that even if an account is blocked or frozen by the Enforcement Department or the Income Tax Department, a complaint under Section 138 of the Negotiable Instruments Act would be maintainable if the complainant is able to prove that dehors the freezing, the account did not have sufficient balance to honour the debt. Justice G Jayachandran...

Kerala High Court Quashes FIR In Pantheerankavu Domestic Violence Case After Settlement Between Parties

The Kerala High Court has allowed the petition moved by Rahul P. Gopal and his family in the Pantheerankavu domestic violence case to quash the FIR lodged against them.Justice A. Badharudeen granted relief after noting that the complainant/ wife had settled the matter with her husband and the couple was now residing together.The Court observed:“...since the defacto complainant...

Accused Can Be Given Only One Opportunity For Disclosure After Framing Of Charges: Punjab & Haryana High Court Reiterates

The Punjab & Haryana High Court has said that after framing of charges Court is required give only one opportunity of disclosure and the accused may choose to avail of this facility.Justice Kuldeep Tiwari said, "The court is required to, after the charges become framed, give only one opportunity of disclosure and the accused may choose to avail this facility, but, only once."The Court...

Court Cannot Issue Process U/S 82 Or 83 CrPC Without Recording Satisfaction That Persons Were Deliberately Avoiding Service: Patna HC Reiterates

The Patna High Court has reiterated that issue of process of proclamation and attachment under Sections 82 and 83 of the CrPC respectively is procedurally deficient in absence of service report for summons and warrants.Justice Partha Sarthy held that trial courts must record satisfaction regarding deliberate avoidance of service, before resorting to proclamation. The single...

Delhi High Court Orally Asks Govt To Ensure Auto Rickshaws Charge Fare By Meter, Conduct Random Checks

While hearing a public interest litigation on enforcing the rule on installation of fare meters in autorickshaws in the city, the Delhi High Court on Friday orally asked the Government to ensure that people follow the rule and pay the auto fare as per metre, asking the government to carry out random checks at the ground level. The court thereafter disposed of the petition filed by one...

If Period Of Unauthorised Use Of Electricity Can't Be Ascertained, Charges Will Be Assessed For 12 Months Preceding Inspection: Kerala HC

The Kerala High Court has ruled that as per Section 126 (5) of the Electricity Act, 2003, when the period of unauthorized use of electricity cannot be ascertained, the electricity bill assessment shall be made for twelve months immediately preceding the date of inspection when such unauthorized use came to be discovered.The Division Bench of Chief Justice Nitin Jamdar and Justice S Manu...

S.50 NDPS Act | Proforma With Less Desirable Option Of 'No Objection To Search By Customs Officer' Instead Of Magistrate Deplorable: Delhi HC

While hearing a bail application under the NDPS Act, the Delhi High Court has deprecated the practice of customs authorities in having a pre-typed proforma notices under Section 50 of NDPS Act.The Court stated that proforma notices under Section 50 should ideally have the two options: first, that the person requires the personal search to be done before a Gazetted Officer/Magistrate and...

Allahabad HC Imposes 25K Cost On State Govt After Senior Officer Acts As Enquiry Officer, Disciplinary Authority & Appellate Authority In Same Case

The Allahabad High Court has imposed a cost of Rs. 25,000 on the State of Uttar Pradesh as a senior State Officer acted as an Inquiry Officer, Disciplinary Authority as well as the Appellate Authority in case of disciplinary proceedings against an employee.Single bench of Justice Alok Mathur noted,“Sri Ajay Kumar Shukla [Secretary Election Anubhag, Lucknow], have acted himself in all the...

Punjab & Haryana High Court Bars Collection Of Parking Fees From Litigants, Advocates In Its Premises

The Punjab and Haryana High Court has issued a writ of prohibition, directing not to charge fees from any litigant, advocate, etc. parking their vehicles in its premises.A division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "this Court issues a writ of prohibition that henceforth no parking fee shall be charged from any litigant, employee, government officials,...

Madras High Court Seeks State's Response On Plea Against Appointment Of Male Superintendent In Female Prisons

The Madras High Court has sought a response from the State Government in a petition questioning the appointment of Male Superintendents in female prisons. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy issued notice on a petition filed by Advocate and Director of Prisoners Rights Forum, P Pugalenthi. Pugalenthi had argued that since special prisons for...

'Misconceived': Karnataka High Court Rejects PIL Seeking 'Separate Flag' For The State

The Karnataka High Court on Friday dismissed a public interest litigation seeking a separate flag for the State.A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed observed, “Matters of grievance of such nature would hardly fall within the domain of the court jurisdiction, much less in the realm of public interest jurisdiction. The petition is misconceived...