High Courts
"Alarming Situation": Rajasthan HC Orders Authorities To Restore Bank's Possession Over Mortgaged Property Forcibly Taken By Defaulter
Expressing surprise and alarm, the Jodhpur bench of the Rajasthan High Court directed the District Collector and Sri Ganganagar's Superintendent of Police to take stern action against a loan defaulter who took unlawful forcible possession of his mortgaged property that was taken over by a bank under the SARFAESI Act.Justice Vinit Kumar Mathur highlighted that despite the petitioner– AU...
Madras High Court Dismisses Plea By Flipkart Owners Sachin And Binny Bansal Challenging ED's Show Cause Notice For Alleged FEMA Violation
The Madras High Court has dismissed the writ petitions filed by Flipkart owners Sachin and Binny Bansal challenging the complaint made by the Deputy Director, ED, and the subsequent show cause notice issued by the Adjudicating Authority for violating provisions of the Foreign Exchange Management Act (FEMA) and the Transfer or Issue of Security by a Person Resident Outside India,...
State To Consider 'Exceptional Personal Hardships' Faced By Employees: Rajasthan HC Sets Aside Transfer Of Nurse Who Looks After Aged Mother
Rajasthan High Court set aside the transfer of a Nurse, 300 Kms away from her current posting, considering that she is the sole earner of her family comprising her mother who was a senior citizen widow, suffering from Alzheimer's and thus requiring medical treatment at current place.The bench of Justice Arun Monga held that the transfer would not only cause logistical difficulties to her but...
Seniority For Promotion Is Determined By Date Of Promotion To Feeder Category, Not From Date Of Initial Appointment: Andhra Pradesh HC
A single judge bench of the Andhra Pradesh High Court comprising of Justice Subba Reddy Satti held that seniority for promotion to the post of Sub Inspector is determined by the date of promotion to the feeder category (Head Constable/ASI), not from the date of initial appointment as a Police Constable. Background Facts of the case The petitioners were working as Head Constable...
Landlord's Need To Settle His Son Independently In Business Constitutes Bonafide Use: Allahabad High Court
The Allahabad High Court has held that a son has every right to be in business independent of his father and the father's request for release of the rented shop so his son can start an independent business is a bona fide need, justifying the tenant's eviction.Justice Ajit Kumar held that “if the son has been doing business with his father, he has every right to get settled independently in...
'Can Reform If Sent Back To His Books': Bombay HC Grants Bail To 'Young Adult' Booked For Assault, Allows Him To Complete Class 12 Studies
The Bombay High Court while granting bail to a 'young adult' booked for assaulting a man along with his 'gang members', noted that he was merely 18 years old at the time of the incident and that he was studying in Class 12 and therefore, granted him bail observing that "he will be reformed if he goes back to his books."Justice Milind Jadhav said keeping the accused behind bars would only make...
Charging Stations For E-Vehicles In Housing Societies Will Help Reduce Air Pollution: Bombay High Court Asks State To Finalise Legal Framework
Observing that charging stations for electric vehicles within society premises will help reduce the menace of air pollution, the Bombay High Court recently ordered the Maharashtra government to finalise its policy with regard to installation of charging points/stations with the housing societies, at the earliest.A division bench of Justices Girish Kulkarni and Advait Sethna while dealing with...
Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC
Gujarat High Court: A Single Judge Bench of Justice M.K. Thakker upheld the Labour Court's rejection of a recovery application under Section 33(C)(2) of the Industrial Disputes Act, 1947. The court held that without a pre-existing right, claims for additional wages, bonus, and rent were not maintainable under this provision. It explained that Labour Courts cannot adjudicate new claims...
Experience Gained By Discharging Duties 'For A Long' Time Is Enough To Hold That Employee Is Qualified For Post: MP High Court Reiterates
The Jabalpur bench of the Madhya Pradesh High Court reiterated that experience gained by discharging duties for a long period of time is sufficient to hold that an employee has the requisite qualifications.In doing so, Justice Sanjay Dwivedi allowed a man's plea who was terminated from service as a Driver noting that apart from him not having the required educational qualification there were...
"Prison Walls Cannot Obstruct Fruits Of Article 21": Allahabad HC Issues Directions For Welfare Of Children Living In Prison With Parents
While hearing a bail plea of an accused mother living with her minor son in prison, the Allahabad High Court has issued several directions to various state authorities regarding the protection and welfare of children who are living with parents lodged in prisons.Stressing their right to education and right to life under Article 21 of the Constitution of India, Justice Ajay Bhanot observed...
Substantial Progress Made For Recruitment In Fire Depts: State Informs Gujarat High Court In Rajkot Fire Suo Motu Plea
The State government informed the Gujarat High Court on Friday (January 31) that substantial progress has been made in the recruitment of officers in fire departments of various corporations including those at Surat, Ahmedabad and Rajkot.The submission was made before a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi which was hearing a suo motu petition initiated by...