High Courts
Accepting Alternative Cadre Promotion Without Protest; Can't Challenge Juniors' Elevation In Parent Cadre : J&K HC
A Division Bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that an employee who accepts promotion to a different cadre without challenging the promotions of his juniors in a parallel cadre, when the employer had relaxed the qualifications for others based on seniority, cannot subsequently seek retrospective parity...
Discharge Without Completion Of Training In Assam Rifles , No Right For Reinstatement : Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Unni Krishnan Nair and Justice Yarenjungla Longkumer held that a trainee who has neither successfully completed training nor been formally enrolled as a member of the Assam Rifles under the Assam Rifles Act, 2006, is not entitled to reinstatement, especially when he has voluntarily sought discharge by executing a...
Magistrate Can't Return Private Complaint Solely For Want Of Accused's Postal Address: Kerala High Court
The Kerala High Court has held that a Magistrate cannot return a private complaint merely because the complainant has not furnished the postal address of the accused.Justice C S Dias was delivering the judgment in a criminal miscellaneous case. The petitioner had filed a private complaint before the Judicial First-Class Magistrate-II, Thrissur, alleging that the third respondent had...
S.163A MV Act | Borrower Driving Owner's Vehicle Not 'Third Party'; Legal Heirs Can't Claim No-Fault Compensation: Gujarat High Court
The Gujarat High Court has held that the legal representatives of a deceased borrower-driver cannot maintain a claim under Section 163A of the Motor Vehicles Act against the insurer, reiterating that a person who borrows a vehicle and drives it “steps into the shoes of the owner” and cannot be treated as a third party.Section 163A provides for compensation on a no-fault basis,...
“What Is Casual For Srinagar DM Is Causality To Fundamental Rights”: J&K&L High Court Quashes Arbitrary Detention, Orders Immediate Release
In a scathing indictment of administrative casualness in preventive detention matters, the Jammu and Kashmir and Ladakh High Court has quashed a detention order passed under the Public Safety Act, observing that “what is a casual for the District Magistrate Srinagar is a causality to the fundamental right of the personal liberty of the petitioner.”Justice Rahul Bharti, while allowing...
Subsequent Denial Of Bail To Co-Accused Not 'Supervening Circumstance' To Cancel Bail: Delhi High Court
The Delhi High Court has held that the subsequent denial of bail to co-accused persons cannot, by itself, be treated as a “supervening circumstance” warranting cancellation of bail already granted to an accused, in the absence of any allegation that the accused has misused the liberty granted by the court.Justice Neena Bansal Krishna thus dismissed a petition seeking cancellation...
Wife Pursuing S.498A IPC Case Against Husband In India After Accepting Divorce Settlement In US Is 'Abuse Of Process': Delhi High Court
The Delhi High Court has held that a wife cannot be permitted to continue criminal proceedings under Section 498A IPC in India after having accepted a divorce decree and monetary settlement passed by a competent court in the United States.Justice Neena Bansal Krishna thus quashed an FIR registered against the husband and in-laws, observing that the complainant-wife having voluntarily...
More Women Joining Workforce To Become Economically Independent, State Cannot Deny Maternity Benefits: Bombay High Court
At the time when more and more women are joining the workforce for becoming economically independent, the authorities by denying them maternity leave benefits cannot compromise their role as a care giver to the child, observed the Bombay High Court while ordering the Brihanmumbai Municipal Corporation (BMC) to pay and extend the benefits to a Doctor, working in the civic-run KEM hospital, at...
J&K&L High Court Sets Aside CAT Order Granting Sanction For Foreign Job; Says Taking Overseas Assignment Without Prior Permission Is Misconduct
Holding that Schedule XIX of the CSR and Rule 14(b) of the Leave Rules read in conjunction with Rule 10 of the Conduct Rules leave “no iota of doubt” that a Government servant who takes up foreign assignment without prior permission commits misconduct inviting disciplinary action, the High Court of Jammu & Kashmir and Ladakh has set aside a Central Administrative Tribunal order that...
Bombay HC Grants ₹50 Lakh COVID Compensation To MSRTC Supervisor's Widow; Says Field Staff Faced Same Risk As Drivers During Pandemic
The Bombay High Court has held that supervisory staff deputed to manage traffic operations during the COVID-19 pandemic were exposed to the same risk as drivers and conductors, and are therefore entitled to compensation of Rs. 50 lakhs under the applicable Government Resolution and MSRTC circulars. The Court observed that the deceased did his job at the risk to his life in a time when the life...
Jharkhand High Court Issues Directions For Bio-Medical Waste Management; Says Lax Enforcement Threatens Public Health & Violates Article 21
The Jharkhand High Court has issued a slew of directions in a public interest litigation concerning bio-medical-waste, emphasising the need for strict enforcement of the statutory framework governing handling and disposal of biomedical waste in the State.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing the PIL filed by the Jharkhand Human...