High Courts
Encashment Of Cheque In Lieu Of Notice Bars Challenge To Termination Of Services: Delhi High Court
The Delhi High Court has held that an employee who accepts and encashes payment made in lieu of the notice period cannot subsequently challenge the termination of their services.Justice Neena Bansal Krishna dismissed an appeal filed by a former employee of ICICI Bank, who had sought reinstatement and damages alleging that his termination was arbitrary and illegal.The Court noted that the...
Street Vendors Have 'Bounden Duty' To Maintain Cleanliness, Not Encroach Public Spaces: Delhi High Court
The Delhi High Court has observed that street vendors have a “bounden duty” to maintain cleanliness around their vending sites and ensure that they do not encroach upon public spaces or obstruct pedestrian movement.A Division Bench of Justices Prathiba M. Singh and Madhu Jain made the observation while dealing with a petition filed by a street vendor alleging that officials of the...
'Ganja' Quantity Can't Be Determined Precisely If 'Flower' Is Weighed Along With Leaves, Branches: Delhi High Court Grants Bail In NDPS Case
The Delhi High Court has granted bail to two accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), observing that the quantity of contraband could not be precisely determined as the seized contraband was weighed along with dried leaves, branches and grass-like substances, which may not fall within the statutory definition of “ganja”.Justice Prateek...
Victim's Negligence No Ground To Deny Compensation In Railway Accident: Delhi High Court
The Delhi High Court has made it clear that negligence on the part of a victim is not a ground to deny compensation in cases of railway accidents, holding that once an “untoward incident” is established, the liability of the Railways is strict under the Railways Act, 1989.Justice Manoj Kumar Ohri made the observation while allowing an appeal filed by a woman whose claim for compensation...
Patna High Court Orders Toll-Free Helpline For Mentally Ill Persons, Stresses Vocational Training To Make Recovered Patients Self-Sufficient
The Patna High Court has issued directions for the creation of a toll-free helpline to assist persons suffering from mental health issues, while hearing a suo motu public interest litigation concerning the condition of mental health facilities in Bihar. The Court also directed the State to consider suggestions made by the Amicus Curiae in the matter.A Division Bench comprising Chief...
Appeal Against Interlocutory Order Framing Charge Not Maintainable Under SC/ST Act: HP High Court
The Himachal Pradesh High Court held that an appeal against an order framing charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not maintainable, as the order is an interlocutory order and does not determine the final rights of the parties.Justice Jiya Lal Bhardwaj observed that: “...the order framing of the charges is purely an interlocutory...
Delay By Officials No Ground To Reject Farmer Welfare Claim; Indifference To Beneficiary's Plight Unsustainable: Allahabad High Court
While dealing with a case of financial assistance being sought by a deceased farmer's family in the schemes enacted by the State Government, the Allahabad High Court observed that making the widow of the farmer approach the Court multiple times to get such assistance under a welfare scheme due to inaction on part of the authorities cannot be sustained. The bench of Justice Ajit Kumar and...
Kerala High Court Closes Plea On Angamaly–Sabari Rail Project After Railways 'Defreezes' It On State's Offer To Bear 50% Cost
The Kerala High Court has recently (18 March) disposed of a public interest litigation concerning the Angamaly–Sabari railway line, as the Ministry of Railways has submitted that the project has been defreezed.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V. M. disposed of the petition following the submission that the project has been defreezed following a...
Senior Citizens Act Can't Be Invoked To Decide Property Ownership/ Title Disputes: Allahabad High Court
The Allahabad High Court has reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules made thereunder cannot be invoked to title and ownership disputes between third parties who are not related to the senior citizens. It held that the Act is for the maintenance and protection of senior citizens by those who will inherit their property, not for...
Allahabad High Court Seeks Trial Judge's Explanation For Failing To Discuss Victim's Injury Report In POCSO Acquittal Judgment
The Allahabad High Court earlier this week took strong exception to a trial court judge's failure to mention and discuss the injuries sustained by the minor victim in the judgment that ultimately acquitted the accused in a POCSO Act case.Taking serious note of this lapse, the Court has called for an explanation from the Presiding Officer over the failure to consider the medico-legal...
BNSS | Gauhati High Court Upholds Telephonic Intimation Of Arrest To Accused's Family, Notes No Prejudice Caused
The Gauhati High Court refused to grant bail to an NDPS accused who had claimed violation of arrest procedure under BNSS, after finding that his family who lived in Manipur were informed of the arrest via telephonic intimation and there was subsequent service of written notice under section 48 of BNSS. Justice Anjan Moni Kalita, noted that at the time of the accused's arrest in Guwahati, his...
Married Daughter Living In Matrimonial Home Can't Seek Compassionate Appointment After Her Father's Death: Karnataka High Court
The Karnataka High Court has upheld an order which had held that a married daughter living in her husband's home cannot seek compassionate appointment on the ground of her father's death. In doing so, the court said that compassionate appointment aims to provide relief for 'immediate financial distress' to a 'family in crisis' following the death of an employee.The court was hearing a...