High Courts
June 30 Retirement No Bar To July 1 Annual Increment- Delhi High Court
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that a government employee retiring on 30 June is entitled to increment due on 1 July, as the increment is earned for the completed year of service preceding retirement and cannot be denied merely because it becomes payable after retirement. Background Facts The...
APSC Exam Probe: Gauhati High Court Bars Use Of Inquiry Panel's Reports To Prosecute Candidates Citing Violation Of Procedural Safeguards
The Gauhati High Court barred the State from using findings in two reports of an inquiry commission probing alleged irregularities in appointments to Assam Public Service Commission (APSC) Combined Competitive Examinations conducted 2013 and 2014, to initiate disciplinary proceedings/prosecution against various candidates. In doing so the court observed that the findings therein violated...
Earning Capacity Of Adult Sons Doesn't Negate Wife's 'Independent' Right To Permanent Alimony: Rajasthan High Court
The Rajasthan High Court has recently observed that a divorced wife's right to permanent alimony is an 'independent' & 'distinct' right that cannot be diluted or negated merely because she has adult, earning sons. Clarifying that these factors at best may have a bearing on the quantum, but cannot negate the basic entitlement of the wife, the Court remarked...
Madras High Court Initiates Suo Motu Contempt Against YouTuber Felix Gerald Over Savukku Shankar Interview
The Madras High Court has initiated suo motu contempt proceeding against Youtuber Felix Gerald for allegedly violating an earlier order of the court, by which it restricted Youtuber Shankar @ Savukku Shankar from making allegations against G Square Realtors without notice. Justice K Kumaresh Babu opined that Gerald, who had interviewed Shankar post the court order, had also...
Elected Member Working As 'Gram Rojgar Sevak' Not Disqualified For Holding 'Office Of Profit' Under Village Panchayats Act: Bombay High Court
The Bombay High Court has held that the post of Gram Rojgar Sevak does not constitute a “salaried office” or “office of profit” under the Maharashtra Village Panchayats Act, 1958, and therefore does not attract the disqualification of an elected member. The Court observed that an elected member of a Village Panchayat who works as Gram Rojgar Sevak while on post, cannot be disqualified...
'Clay Residue Not Sufficient To Conclude JCB Was Used For Illegal Sand Excavation': Bombay High Court Quashes ₹7.5 Lakh Penalty On Farmer
The Bombay High Court has held that the mere presence of a JCB in a farmer's field and residue of clay in its bucket is not sufficient to conclude that it was being used for illegal sand excavation. The Court observed that such assumptions by revenue authorities, without proper inquiry or evidence, reflect a casual and arbitrary exercise of power, causing undue hardship to farmers.Justice Ajit...
MP High Court Quashes FIR Against Railway Vigilance Officers Accused Of Harassing Ticket Examiner, Cites Possible 'Extraneous Influence'
The Madhya Pradesh High Court has quashed criminal proceedings against Railway Vigilance Officials for allegedly harassing a ticket examiner and subjecting him to caste-based slurs, raising serious concerns over the manner in which the case was initiated. The court noted that the case gave rise to "reasonable apprehension that process was influenced by extraneous considerations" in...
“Long Incarceration Tilts Balance In Favour Of Liberty”: J&K&L High Court Grants Bail To Accused In Murder Case After 9 Years Custody
The High Court of Jammu & Kashmir and Ladakh has granted bail to a murder accused who had remained in custody for over nine years, holding that prolonged incarceration, when weighed against the fundamental right to liberty under Article 21 of the Constitution, tilts the balance in favour of release.The Court was hearing a bail application filed under Section 483 of the Bharatiya...
Punjab & Haryana High Court Strikes Down 1997 Rule Mandating Govt-Parity Retiral Benefits For Cooperative Society Employees
The Punjab & Haryana High Court has held that the 1997 Service Rules mandating retiral benefits for employees of cooperative societies at par with government employees are ultra vires the parent statute and unenforceable. The Court observed that the State Government had no authority to further delegate its rule-making power to the Registrar, and such sub-delegation was neither...
Regulation Of Building Operations Act | Locus Of Complainant Irrelevant When Fraud In Obtaining Permission Established: Allahabad HC
The Allahabad High Court has held that locus of the complainant is irrelevant for the purpose of proceedings under Section 7-A of the Regulation of Building Operations Act, 1958 when prima facie it is visible that the permission for development under the Act was obtained by fraud and misrepresentation. Section 7-A of the Regulation of Building Operations Act, 1958 provides for cancellation...
Punjab & Haryana High Court Temporarily Prohibits Cutting Of Trees In Haryana Without Court's Permission
The Punjab & Haryana High Court has expressed displeasure over the failure of authorities to respond to its query regarding the availability of land for afforestation in lieu of trees proposed to be cut for the Zirakpur–Panchkula bypass. The Court observed that the inaction of the authorities reflects a lack of seriousness towards ecological concerns and warrants immediate...
Relaxation In Selection Criteria For PwD Candidates Not Concession, But Constitutional Obligation: P&H HC Directs States To Frame Norms
The Punjab & Haryana High Court has held that relaxation in selection criteria for persons with disabilities is a constitutional obligation and not a mere concession. The Court observed that failure to provide such relaxation defeats the mandate of substantive equality under the Constitution and renders the statutory protections under the Rights of Persons with Disabilities...