Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC

Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).The bench of Justice...

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor

The Punjab & Haryana High Court has set aside an order refusing to grant sanction to prosecute the four members of the Special Investigation Team (SIT) constituted by the Commissioner of Police, accused of framing a school bus conductor in the Gurugram school student murder case.In 2017, a 7-year-old boy was found dead in a school in Gurugram. Initially, Haryana Police investigated the...

Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court

While setting aside an order passed by the trial court, the High Court of Jammu & Kashmir observed that by making observations on the merits of the suit, the trial court had virtually dismissed the suit under the guise of dismissing the application for interim relief, leaving nothing in the suit for determination.Justice Javed Iqbal Wani set aside the order passed by the trial...

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court

The Madras High Court recently emphasized that courts should refrain from passing ex-parte orders in a routine manner and must only pass such orders when there is a real emergency which was shown through the plaint and averments. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy noted that ex-parte orders can have disastrous consequences and could possibly bring...

Judiciary Aspirant's Answer To A Question Not Evaluated: Orissa HC Cautions Public Service Commission, Orders ₹1 Lakh Compensation

The Orissa High Court on Monday orally criticised the Odisha Public Service Commission (OPSC) for "haphazard scrutiny" which resulted in non-evaluation of a long question carrying 12.5 marks of a candidate of Odisha Judicial Service Examination-2022.Acknowledging the serious flaw in marking process highlighted by the petitioner, the Division Bench of Justice Sangam Kumar Sahoo and...

Has No Sanction Of Law: Rajasthan HC Sets Aside Proceedings Initiated Under Prevention Of Food Adulteration Act After Its Repeal

Rajasthan High Court quashed and set aside proceedings that were initiated in 2011 under the Prevention of Food Adulteration Act, 1954 (“PF Act”) which already got repealed in 2010 and was followed by the Food Safety and Standards Act, 2006 (“FSSA”).The bench of Justice Farjand Ali highlighted that even the cognizance of the offence was taken by Judicial Magistrate under the PF Act...

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC

The Jharkhand High Court, in a recent judgment, has observed that in land acquisition cases, there is no distinction between the sum and sum without interest, and once the interest is included in the sum for which the Award is made, that cannot be segregated.Justice Sanjay Kumar Dwivedi presiding over the case, observed, “There is no distinction between the sum and sum without interest and...

Can't Direct University To Lower Cut-Off Standard: Bombay HC Refuses To Quash Mumbai Varsity Decision Cancelling Admission After 4 Semesters

While refusing to interfere with Mumbai University's decision to cancel the admission of a student after completion of four semesters due to insufficient marks in the International Baccalaureate (IB) programme, the Bombay High Court observed that if the student did not secure the predicted grades, the Court cannot direct the university to lower the cut-off standard.A division bench of...

Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case

BJP leader Praveen Shankar Kapoor has moved the Delhi High Court challenging the quashing of summons issued to Chief Minister Atishi by a trial court in a defamation case filed by him. The defamation case was filed over the claims that Aam Aadmi Party (AAP) leaders were approached by Bhartiya Janta Party (BJP) to join them in return of crores of cash.Justice Vikas Mahajan issued notice on...

Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court

The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati Mariyappa Doddalingannavar questioning...

Dwarka Demolition: Gujarat High Court Dismisses Pleas Seeking Protection Of Alleged Religious Structures From Coercive Action

The Gujarat High Court on Tuesday (February 4) dismissed a batch of petitions seeking protection from demolition of certain alleged religious structures at Beyt Dwarka.The petitions challenged the notices by Okha Nagarpalika directing removal of "unauthorised construction/encroachment within three days", failing which, demolition of the same had been been indicated.Justice Mauna M Bhatt...

Kerala High Court Permits NDPS Accused To Go Abroad For Employment, Says Comparison With Vijay Mallya, Nirav Modi 'Unwarranted'

The Kerala High Court recently stated that it was unjust to deny a 24-year-old man, who is the fourth accused in an NDPS case, permission to travel abroad for employment when conclusion of trial was not foreseeable in near future.In the facts of the case, ˇJustice VG Arun further observed that the Sessions Court citing examples of Vijay Mallya and Nirav Modi to deny permission to accused...