Conviction Of Employee Does Not Lead To Automatic Dismissal, Disciplinary Enquiry Must: HP High Court

The Himachal Pradesh High Court has held that a government employee cannot be dismissed from service solely on the ground of conviction, and that the disciplinary authority must conduct an enquiry or record reasons for not conducting an enquiry.Rejecting the contention of HRTC, Justice Sandeep Sharma remarked that: “Though learned counsel for HRTC argued that Rule 19(i) permits...

'Wholly Impermissible In Democracy': MP High Court Directs State To Ensure That Sonam Raghuwanshi's Effigy Is Not Burnt On Dusshera

The Madhya Pradesh High Court, on Friday (September 26), directed the State Authorities to ensure that any person or any organization does not burn an effigy of Sonam Raghuwanshi, accused of murdering her husband during their honeymoon in Meghalaya, on Dusshera/Vijaydashmi in place of Ravana. Remarking that such an act is wholly impermissible Justice Pranay Verma, said:"From the pamphlet and...

'Skincare Buyers Focus On Formulation, Not Packaging': Delhi High Court Denies Interim Injunction To Derma Co Against Dermatouch

The Delhi High Court has declined an interim injunction restraining skincare brand Dermatouch in a suit for alleged infringement of copyright, trade dress and packaging filed by The Derma Co.Justice Tejas Karia reasoned that the products offered by the two are distinct and since a skincare consumer's decision to purchase is guided primarily by the formulation and claimed efficacy of the...

Parties Can Compound Offence U/S 138 NI Act At Any Stage, Even After Dismissal Of Revision/Appeal: Madras High Court

The Madras High Court recently observed that the provisions of the Negotiable Instruments Act would override the provisions of the Bharatiya Nagarik Suraksha Sanhita since the former was a special law. Justice Shamim Ahmed added that the offences under Section 138 of the Act read with Section 147 of the Act were compoundable at any stage, even after the dismissal of the...

Calcutta High Court Orders Return Of Bengal Residents Deported To Bangladesh Within 4 Weeks

The Calcutta High Court has directed the return of West Bengal residents who were deported to Bangladesh by the Delhi Police upon suspicion of being Bangladeshi nationals.Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra directed the return of the citizens within four weeks and held:"The life style of the people shapes the profile of the law and not vice versa. Law cannot be...

Allahabad High Court Directs Conducting Of UPPSC Mains Exams As Scheduled, Result Subject To Outcome Of Appeal

On Friday, the Allahabad High Court stayed the Single Judge order by which UPPSC Mains Examination for various posts had been postponed till the preparation of fresh merit list of the preliminary exam.Hearing the special appeal against the order of the Single Judge on urgent mentioning, the bench of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta observed,“Considering the...

Wife Cannot Be Disentitled From Claiming Right In Husband's Family Pension Merely On Allegations Of Adultery: Bombay High Court

In a significant order, the Bombay High Court on Friday held that merely levelling allegations of "adultery" against a woman cannot disentitle her from claiming a right in her deceased husband's family pension under the Maharashtra Civil Services (Pension) Rules, 1982 (MCSR).A division bench of Justices Manish Pitale and Yanshivraj Khobragade therefore, refused to grant any relief to the...

Madras High Court Issues Notice To Actor Vijay & TVK In Appeal In Trademark Infringement Case Over Party Flag

The Madras High Court has issued notice to Actor Vijay and his party, Tamilaga Vettri Kazhagam in an appeal filed against a single judge order refusing to restrain the party from using its flag in connection with a trademark infringement case. The bench of Justice G Jayachandran and Justice Mummineni Sudheer Kumar issued notice to Vijay and his party and adjourned the case by 6...

Punjab Police Rules| State Can't Award Punishment Other Than Dismissal Where Police Officer Is Sentenced To Over 1 Month R.I : P&H High Court

In a detailed judgment interpreting the Punjab Police Rules (as applicable in Haryana) (PPR), the Punjab and Haryana High Court has held that the State government cannot impose any punishment other than dismissal from service in cases where a police officer has been sentenced to more than one month of rigorous imprisonment. The Court emphasized that the Rules leave no discretion with...

Sikh Remarks Case | Allahabad High Court Denies Relief To Rahul Gandhi On Plea Against Varanasi Court Order

The Allahabad High Court today rejected a petition filed by the Leader of Opposition Rahul Gandhi challenging an order of the Varanasi Court directing a re-hearing of a plea seeking registration of an FIR against him over his alleged remarks on Sikhs made during his trip to the United States. A bench of Justice Sameer Jain found no illegality in the order of the lower revisional...

Pending Proceedings Under Omitted CGST Rules 89(4B) & 96(10) Lapse In Absence Of Savings Clause: Bombay High Court

The Bombay High Court has held that all pending proceedings under the omitted CGST Rules 89(4B) & 96(10) lapse in the absence of a savings clause. The bench agreed with the assessee/petitioners that the provisions of Section 6 of the General Clauses Act are not attracted and therefore the pending proceedings can claim no immunity or protection. Unless the Respondents...

Kerala High Court Aids Schizophrenic Litigant In Getting Psychiatric Assistance After He Filed Plea Suspecting Proceedings Against Himself

The Kerala High Court recently undertook a unique act of judicial activism when it aided a litigant, who was appearing in person and suffering from schizophrenia, to take mental health support.The Division Bench of Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian was considering a writ petition filed by the petitioner on a suspicion that he would be detained in accordance with...