High Courts
'Silence Of Grave' Can't Be Substituted By Signatures Of Heirs: P&H High Court Refuses To Quash Death By Negligence Case On Compromise
The Punjab and Haryana High Court has held that criminal proceedings under Section 304-A IPC involving loss of human life cannot be quashed merely on the basis of a compromise between the accused and the deceased's relatives, observing that “the silence of the grave cannot be substituted by the signatures of the heirs on a compromise deed.”Justice Sumeet Goel said, "The essential edifice...
Section 9 MEPS Act Cannot Be Expanded To Cover Pay, Increment Or Monetary Claims By School Employees: Bombay High Court
In a significant ruling, the Bombay High Court on Friday (Feb 6) held that section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS) cannot be invoked in disputes pertaining to 'salary scale' as it would result in expanding the provisions' scope and also make the School Tribunals, a general forum to hear all kinds of financial claims...
Allahabad High Court Seeks UP Govt Reply To PIL Alleging Selective Continuation Of Grant-In-Aid To Suspended Madrasas
The Allahabad High Court (Lucknow Bench) has sought the response of the Uttar Pradesh Government to a Public Interest Litigation (PIL) plea, which alleges that there is no uniform State policy for continuing to grant aid to Madrasas despite their recognition having been suspended. The PIL plea filed by social worker Azaj Ahmad, through Advocates Asok Pande and Vindeshwri Pandey,...
Jharkhand High Court Orders No Coercive Action Against Advocate In Road Accident Cross-FIR
The Jharkhand High Court has granted interim protection to Advocate Manoj Tandon, who is accused in cross-FIRs arising out of a road accident incident in Ranchi, and stayed further proceedings in the case while observing that both cross-cases arising out of the same occurrence must be investigated by a single investigating officer.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was...
Arnesh Kumar Guidelines Flouted: Punjab & Haryana High Court Issues Notice To Both State's Chief Secretaries, DGPs In Contempt Plea
In a significant order highlighting continued non-compliance of the Supreme Court's landmark ruling in Arnesh Kumar v. State of Bihar, the Punjab and Haryana High Court has issued notice to the Chief Secretaries and Director Generals of Police (DGPs) of the States of Punjab and Haryana to show cause why contempt proceedings should not be initiated against them.Justice Sudeepti Sharma noted...
Allahabad High Court Quashes Criminal Case Against Students Accused Of Offering Namaz At Restricted Place; Issues Warning
The Allahabad High Court recently quashed the entire criminal proceedings against two students who were implicated for offering Namaz at a location designated by the local administration for that purpose. A bench of Justice Saurabh Srivastava also warned the students to follow the instructions and specific restraints issued by the local administration in the future. Briefly put,...
Madras HC Quashes Case Against Woman For Commenting On Photo Of Minor Girls Holding Liquor Bottle, Says Complaint Was Filed Vindictively
The Madras High Court recently quashed a case against a woman, who had posted comments online on a picture of minor girls in school uniform holding liquor bottles. In the comment, the woman discussed the nature of the administration being rendered by the political party in the State. Justice Victoria Gowri noted that the offences as alleged were not made out and quashed...
Post Of Public Importance Can't Remain Unfilled For Indefinite Period, Fresh Recruitment Justified In Public Interest: P&H High Court
The Punjab and Haryana High Court has upheld the State's decision to initiate a fresh recruitment process for the post of Member (Non-Judicial), Punjab State Human Rights Commission (PSHRC), despite an earlier recommendation in favour of the petitioner.Justice N.S. Shekhawat noted, "During the course of arguments, no such infirmity has been pointed out by the petitioner. Even otherwise, in...
Courts Must Be 'Adjudication-Friendly' In Restoration Pleas, Especially When Trial Is Complete: J&K&L High Court
Holding that courts must adopt an adjudication-friendly approach when a suit pending at the stage of final arguments is dismissed for non-prosecution, the Jammu and Kashmir and Ladakh High Court has ruled that applications seeking condonation of delay and restoration should ordinarily be viewed liberally unless the cause shown is a mere attempt to “honeyfuggle the court.”Emphasising...
Bombay High Court Dismisses Retired Zilla Parishad Doctors' Plea For NPA From 2016, Calls It Impermissible Judicial Interference In Policy
The Bombay High Court has held that fixation of an operative date for extending a fiscal or service-benefit, such as Non-Practising Allowance (NPA), is a matter of executive policy and that classification based on the date of retirement does not per se violate Article 14 of the Constitution. The Court observed that the reliefs sought would require the Court to rewrite the Government Resolution...
Mere Transfer Of Money With Interest Doesn't Make A 'Money Lender'; Bar Under Money Lending Act Can't Be Decided At O.VII R.11 Stage: Bombay HC
The Bombay High Court has held that merely advancing money, even at interest, does not automatically render a party a “money lender” within the meaning of the Maharashtra Money Lending (Regulation) Act, 2014. The Court observed that the applicability of the statutory bar under Section 13 of the Act cannot be conclusively determined at the threshold stage of considering an application...
Criticising Govt Or Policies Without Incitement To Violence Can't Attract UAPA: Delhi High Court Told
Senior Advocate Arvind Datar told the Delhi High Court on Thursday that criticising the government or its policy decisions without promoting or inciting violence cannot attract the Unlawful Activities (Prevention) Act, 1967. The senior counsel made the submission on behalf of Foundation of Media Professionals before a division bench comprising Chief Justice DK Upadhyaya and Justice Tejas...