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...

J&K&L High Court Cautions UT Govt Over Repeated Default In PIL On Grant Of ST Status To 1947 PoJK Displaced Persons

The High Court of Jammu & Kashmir and Ladakh on Monday came down heavily on the Union Territory administration for its continued failure to file a response in a Public Interest Litigation (PIL) raising issues relating to the grant of Scheduled Tribe (ST) status, cautioning that further non-compliance would invite appropriate orders in accordance with law.“… Though, there is hardly...

[NEET-SS 2024-25] Will Open Pandora's Box: Madras High Court Rules Against Courts Permitting Mop-Up Counselling After Scheduled Date

The Madras High Court recently ruled against High Courts allowing mop-up counselling for vacant seats after the scheduled date for counselling is over. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan held that allowing such violation of schedules would open a Pandora's box and defeat the whole purpose of fixing timelines for admission. “As...

“Delinquent Cannot Demand Mercy As A Right”: MP High Court Rejects Constable's Plea For Reinstatement After State Modifies Punishment

The Madhya Pradesh High Court dismissed the petition of a police constable against compulsory retirement, observing that once the State had shown leniency by modifying his dismissal to compulsory retirement in a mercy petition, he had no enforceable right to seek further judicial review. The bench of Justice Anand Singh Bahrawat observed, "Mercy is not the subject of legal rights. It begins...

Writ Jurisdiction Can't Be Denied On 'Disputed Facts' Plea When State Records Prove Illegality: J&K&L High Court

The High Court of Jammu and Kashmir and Ladakh has held that when the State's own official records and admissions establish illegality, the case ceases to be a disputed factual controversy and squarely becomes a matter of constitutional enforcement.The Court made it unequivocally clear that writ jurisdiction under Article 226 cannot be denied merely by raising a technical plea of...

Sudden Fight Between Brothers Over Parents' Care Leading To Death Not Murder: Calcutta High Court Reduces Life Term To 14 Yrs

The Calcutta High Court has converted the conviction of two brothers from murder to culpable homicide not amounting to murder, holding that a fatal assault arising out of a sudden family quarrel over responsibility for maintaining aged parents lacked premeditation and therefore did not attract Section 302 of the IPC. A Division Bench comprising Justice Rajasekhar Mantha and Justice Ajay...

Medical Board Opinion In CAPF Recruitment Is Final, Court Cannot Sit In Appeal Except For Malafides Or Procedural Lapses: J&K&L High Court

Highlighting the limited scope of judicial interference in recruitment matters of the Central Armed Police Forces (CAPFs), the High Court of Jammu & Kashmir and Ladakh has held that the decision of the Review Medical Board is final and cannot be subjected to further review or re-examination by courts, save in exceptional circumstances such as procedural violations or malafides.The...

'Every Sinner Has A Future': Karnataka High Court Modifies Sentence Of Two Convicted For Duplicating ATM Cards

The Karnataka High Court (Dharwad bench) recently modified the jail sentence of two men convicted for theft of ATM cards from the original card holders and duplicating the same and for drawing money from the accounts of the victims. The court was hearing a plea challenging conviction for offence under Section 66(c) IT Act and Sections 380 (Theft in dwelling house, etc.) read with Section 34...