High Courts
'Passing Of Order In Delhi Not Enough To Invoke Writ Jurisdiction': Delhi High Court Refuses To Hear Challenge Against Preventive Detention
The Delhi High Court has refused to entertain a writ petition challenging preventive detention order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS), holding that although it possessed territorial jurisdiction, it was not the appropriate forum to adjudicate the dispute.A Division Bench of Justices Vivek Chaudhary and Manoj Jain...
Contract Employee Subjected To Disciplinary Rules Can't Be Terminated Without Departmental Enquiry: Gauhati HC
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that if a contractual employee's appointment expressly incorporates statutory disciplinary rules, then the termination on grounds of misconduct is punitive and invalid without following the prescribed enquiry procedure under such rules. Background Facts The...
Will In Favour Of Any Person Doesn't Affect Compassionate Appointment Which Is Based On Dependence On Deceased: Allahabad High Court
The Allahabad High Court has held that there is no provision in the scheme of compassionate appointment under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 which provides for determination of suitability based on will of the deceased. It held that compassionate appointment is granted based on dependence of the family member upon the deceased...
State Cannot Exploit Workers By Keeping Them In 'Perpetual Temporariness': Rajasthan High Court Orders Regularisation Of Part-Time Employee
The Rajasthan High Court directed regularization of the petitioner engaged by the State on a part-time basis, who continued uninterrupted services for several years and performed identical duties to that of regularly appointed employees, opining that not being appointed on a sanctioned post could not be a ground to deny benefit of regularization to the petitioner. The bench of Justice...
Order VI Rule 17 CPC | Amendment Of Plaint Can't Be Permitted To Bypass Res-Judicata After Full Trial: Kerala High Court
The Kerala High Court has reaffirmed the limits of amendments to pleadings under Order VI Rule 17 of the Code of Civil Procedure, holding that a plaint cannot be amended after completion of evidence to introduce a claim that has already been decided on merits in an earlier suit between the same parties.The division bench comprising Justice Anil K Narendran and Justice G Girish, delivered...
'Live Life Which Doesn't Go Waste, Serve Justice With Integrity & Discipline': Justice Mauna Bhatt Bids Farewell To Gujarat High Court
Speaking at her farewell address organized at the Gujarat High Court on Tuesday (January 13), Justice Mauna M Bhatt in her speech thanked her mother who told her at a young age to "live a life which does not go waste", adding that she has and shall continue to live by this principle. Addressing the young members of the Bar Justice Bhatt further said:"To the young members of the bar, the...
"Against Interest Of Advocates”: AP High Court Quashes BCI Order Enhancing State Bar Council Election Nomination Fee From ₹30K To ₹1.25 Lakh
The Andhra Pradesh High Court has set aside proceedings by the Principal Secretary, Bar Council of India (BCI) enhancing non-refundable nomination fee for contesting elections to the State Bar Councils from Rs.30,000 to Rs.1,25,000.The enhancement was made on the grounds that the respective State Bar Councils were facing acute shortage of funds as the Supreme Court had reduced the enrolment...
'Prima Facie No Allegations': Karnataka High Court Stays Probe Against Sri Sri Ravi Shankar In Alleged Land Encroachment Case
The Karnataka High Court on Tuesday(January 13) stayed till January 21, further investigation against spiritual guru Sri Sri Ravi Shankar, who is named as an accused in an FIR over alleged encroachment of public lands in Bengaluru.Notably last week the court had refused to stay probe or pass any protective orders. Justice M Nagaprasanna in its order noted said: “A perusal at the...
Aadhaar, Voter ID Cards Not Conclusive Proof Of Date Of Birth: MP High Court
The Madhya Pradesh High Court on Tuesday (January 13) held that Aadhaar and Voter ID cards are not conclusive proof of a person's date of birth. The bench of Justice Jai Kumar Pillai observed; "it is evident that the Aadhaar Card and Voter Identity Card relied upon by Respondent No.5 cannot be treated as determinative proof of her date of birth. These documents are prepared on the basis...
HMA | Second Marriage During Subsistence Of First Marriage Void Unless Party Proves Custom Permits It: Chhattisgarh High Court
The Chhattisgarh High Court on Tuesday held that solemnisation of second marriage based on custom during the subsistence of the first marriage, is void as per Sections 5(i) and 11 of the Hindu Marriage Act unless party proves that the custom permits such remarriage.Clarifying the position of law, a Bench of Justice Bibhu Datta Guru held –“The law on this point is clear. Under Sections...
Parental Disputes, Pending Matrimonial & Criminal Matters Between Parents No Ground To Deny Passport To Minor: Allahabad High Court
The Allahabad High Court has held that passport can only be denied for reasons enumerated under Section 6 of the Passport Act, 1967 and cannot be denied for administrative consideration and in circumstance where there is parental dispute, matrimonial disputes and criminal matters pending between natural guardians of a minor.Referring to Section 6 of the Act, the bench of Justice Ajit Kumar...
Victim's Silence On Rape Before Doctor & Magistrate Casts Shadow Of Doubt On Prosecution : Allahabad High Court Sets Aside Conviction
The Allahabad High Court on Tuesday set aside the conviction of a man accused of kidnapping and rape while factoring in that the victim did not mention anything about forcible sexual assault during her medical examination or in her statement under Section 164 CrPC made before the Judicial Magistrate.A bench of Justice Achal Sachdev noted that the victim's act of resiling (retracting) from...