'Will Not Accept': Karnataka High Court Questions State For Filing Closure Report In FIR Over Abetment Of Student's Suicide

The Karnataka High Court on Thursday (March 5) orally questioned the State for filing a B-report in a FIR registered against a school and its teachers for alleged abetment of a student's suicide. During the hearing the petitioner's counsel submitted that the petitioner's child was subjected to harassment by fellow students. It was submitted that the mother had given a statement however the...

S. 202 CrPC | Magistrate Bound To Inquire Before Issuing Summons To Accused Residing Beyond Territorial Jurisdiction: Uttarakhand HC

The Uttarakhand High Court has reiterated that it is mandatory for a Magistrate under Section 202 of the Code of Criminal Procedure ('CrPC') to postpone issuance of process and either inquire or direct investigation to be made for the purpose of ascertaining whether or not there is sufficient ground for proceeding against the accused for issuing summons.A Bench of Justice Ashish Naithani was...

'Non Supply Of Inquiry Report To Accused Delinquent Vitates Punishment Order': MP High Court

The Madhya Pradesh High Court has set aside the punishment order of an In-Charge Principal of Government College, observing that the disciplinary authority failed to furnish the inquiry report to the employee, thus vitating the punishment order. The bench of Justice Anand Singh Bahrawat held;"As the copy of the inquiry report has not been supplied to the petitioner and an opportunity of...

Karnataka HC Suggests State To Issue Guidelines On Background Check For Migrant Workers, Calls For Balanced Approach Without Stigmatization

The Karnataka High Court has suggested to the State government to issue guidelines concerning background verification, identity confirmation or registration of inter-state migrant workers, while hearing a case wherein five persons stated to be migrant workers were accused of a triple murder. In doing so the court also emphasized need for preventive safeguards through strict enforcement...

HP High Court Quashes FIR Against Shimla Councillor Under Railways Act, Finds No Material Showing Electric Pole Near Track Endangered Safety

The Himachal Pradesh High Court has quashed an FIR registered under Section 153 of the Railways Act, 1989 (endangering the safety of persons travelling by railway by wilful act or omission). The Court held that the record did not disclose any unlawful or wilful act by the petitioner that could be said to have endangered the safety of railway passengers.The Court further noted that there was...

Kerala High Court Refuses To Interfere With Assembly Ethics Committee Proceedings Against Rahul Mamkoottathil MLA

The Kerala High Court on Thursday (March 5) dismissed the public interest litigation filed by Advocate Kulathoor Jaisingh seeking a direction to drop further proceedings before the Ethics Committee of the Legislative Assembly against Palakkad MLA Rahul Mamkootathil that was initiated on the basis of a complaint made by D.R. Murali, MLA of Vamanapuram, Thiruvananthapuram.The Division Bench...

'No Work No Pay' Not Applicable When Employee Kept Away From Work By Authorities Without His Fault: P&H High Court

The Punjab & Haryana High Court has held that once an employee is granted retrospective or deemed promotion after being wrongfully denied advancement earlier, the employer cannot deny consequential monetary benefits by invoking the principle of “no work no pay.”The Court allowed the plea filed by a government employee challenging clauses in departmental orders that denied him arrears...

'Security Paramount': Bombay High Court Rejects Plea Of Cab Drivers To Offer Namaz At Mumbai Airport Premises

The Bombay High Court on Thursday, while refusing to permit Muslim drivers and passengers to offer Namaz at the Chhatrapati Shivaji Maharaj International Airport (CSMIA), even for the limited period of Ramadan, made it clear that it cannot, at any cost, compromise the security of the airport and whether it is religion or something else, court will only favour security. A division bench of...

'No Vehicle Day Not A Bad Idea', Says Kerala High Court But Questions Lakshadweep's Choice Of Wednesday For Traffic Ban

The Kerala High Court on Thursday (March 5) orally remarked that one day per week where vehicles are not plied is not a bad idea but the Wednesday might not ideal since it is a working day. Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a public interest litigation challenging the 'No Vehicle Wednesday' order recently passed by the Lakshadweep Administration."You can...

Employees' Compensation Act Claim Cannot Be Rejected Merely Because Disability Certificate Was Issued By Non-Treating Doctor: Bombay HC

The Bombay High Court has held that an application for compensation under the Employees' Compensation Act, 1923, cannot be rejected solely on the ground that the disability certificate was issued by a doctor who did not attend to the injured workman. The Court observed that the Act only requires the certificate to be issued by a “qualified medical practitioner” and does not mandate that...

'Spent Prime Of His Youth In Court Corridors': Orissa HC Raps State For Removing Teacher On Same Grounds After Reinstatement

'What is State without justice, but a band of robbers…,” the Orissa High Court quoted Jeremy Bentham as it castigated the State and its officials for making a teacher belonging to Scheduled Caste (SC) community to fight multiple litigations challenging his illegal removal from the post for the second time on a non-applicable ground, notwithstanding his earlier reinstatement.The Division...

'Procurement Not By Fair Means': J&K&L High Court Flags Practise Of Filing Uncertified Photostat Copies As Annexures

The High Court of Jammu & Kashmir and Ladakh has expressed serious concern over the growing practice of filing uncertified photostat copies of court records as annexures in petitions, observing that such a practice points towards an improper and impermissible mode of procurement of judicial records.A bench of Justice Rahul Bharti made these observations while hearing a plea wherein the...