High Courts
No Employee, Including Retirees, Has Vested Right To Perpetually Reap Benefits Of Employer's Mistake Of Erroneous Payments: J&K HC
A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that recovery of erroneously paid benefits from retired low-level employees is impermissible, but correction of future pay/pension is allowed. Further that no employee, including one who has superannuated, possesses a vested right to perpetually reap the benefits...
Gujarat High Court Refuses To Quash Corruption Charges Against Former SEZ Officers Booked For Favouring Illegal Metal-Scrap Import
The Gujarat High Court refused to quash forgery, cheating and corruption charges against two former Kandla Special Economic Zone (KASEZ) officials accused of filing a false inspection report in respect of an entity importing metal scrap by allegedly fraudulently diverting duty-free imported materials into open market. A Letter of Permission (LOP) dated 24.01.2002 was issued by...
Questioning Husband's Legitimacy, Casting Aspersions On His Mother Amounts To Mental Cruelty: Delhi High Court
The Delhi High Court has held that questioning husband's legitimacy by calling him bastard and making reprehensible allegations against his mother constitute matrimonial cruelty, a ground for divorce.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar thus upheld the divorce decree granted by the family court in favour of Respondent-husband.Appellant-wife had...
Kerala High Court Express Displeasure Over Delay In Fund Disbursal For Human-Wildlife Conflict Mitigation
The Kerala High Court recently (October 22) expressed displeasure over the State's delay in releasing funds sanctioned for projects aimed at mitigating human–wildlife conflicts, despite the measures being declared urgent under a disaster management framework.The division bench comprising Dr. Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian were hearing petitions concerning...
State Govt Took No Effective Steps For 30 Years: Bombay High Court Constitutes High Power Committee To Protect Sanjay Gandhi National Park
Considering that since last 30 years, the Maharashtra Government has failed to protect the Sanjay Gandhi National Park (SGNP) at Mumbai's Borivli area, the Bombay High Court recently appointed a High Power Committee (HPC) under former Allahabad High Court Chief Justice (retd.) Dilip Bhosale, to suggest measures to the State to protect that forest region.A division bench of Chief Justice...
Provisions Of SC/ST Act Can't Be Used To Prevent Banks From Enforcing Security Interests: Delhi High Court
The Delhi High Court recently held that prima facie, the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot be invoked to prevent the enforcement of a mortgage or security interest by a bank.A single bench of Justice Sachin Datta while staying a summons issued by the National Commission for Scheduled Tribes (NCST) to Axis Bank's top...
Removal From Service For Procedural Lapses, Disinterest & Harassment of Subordinates, Disproportionate To Misconduct: Jharkhand HC
A Division bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai held that the capital punishment of removal from service is disproportionate to charges relating to procedural lapses, casualness in duty, lack of interest in work and harassment of subordinates. Background Facts The respondent joined the Bihar Education Service...
Does Section 498A IPC Apply To Same Sex Relationships? Delhi High Court To Consider
The Delhi High Court is set to consider whether the offence of cruelty punishable under Section 498A of Indian Penal Code, 1860, applies to same sex couples or relationships.Justice Sanjeev Narula issued notice on a plea filed by one Simmi Patwa, claiming that the provision cannot apply to same sex couples. The petitioner submits that the primary requirement to invoke Section 498A is that...
Karnataka High Court Declines To Quash Case Against Man For Circulating WhatsApp Audio Clips Criticising State's Handling Of COVID-19
The Karnataka High Court recently refused to quash a case registered in the year 2020, against a person accused of circulating audio clips in WhatsApp groups wherein he criticized the Government, local MLA, and the manner in which the State Authorities were handling the COVID-19 pandemic.A single judge, Justice Sachin Shankar Magadum dismissed the petition filed by one Althaf Hussain Yane...
J&K Reservation Rules | Reservation For Children Of Defence Personnel Is Horizontal, Not Compartmentalised: High Court
Clarifying the nature of reservation extended to wards of defence personnel, the High Court of Jammu and Kashmir and Ladakh has held that the three percent (3%) reservation provided to Children of Defence Personnel (CDP) under the Jammu and Kashmir Reservation Rules, 2005, is an overall horizontal reservation and not a compartmentalized horizontal reservation.“… three percent (3%)...
Punjab & Haryana Bar Council Seeks Procedure Adopted By HC In Designating Seniors, Says Complaint Received About Nepotism
The Bar Council of Punjab and Haryana has sought details of the procedure adopted by the High Court in designating Senior Advocates, following complaints alleging nepotism and lack of transparency in the selection process.The Punjab and Haryana High Court on October 20, has designated 76 lawyers as Senior Advocates, among those elevated, five are women. 210 advocates had applied for...