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...

Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee

Note: The High Court's order has been subsequently stayed by the Supreme Court.The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan (“BCR”) dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution...

GST Registration And Payment Of Tax After Inspection Is Not Voluntary Conduct: Madras High Court

The Madras High Court stated that GST registration and payment of tax after inspection is not a voluntary conduct.The Bench of Justice K. Kumaresh Babu observed that “there is a deliberate attempt to evade payment of tax by not registering himself under the Act and also issuing receipts as donation to the Trust. Only after the inspection they have agreed to pay the tax by...

"Land Belongs To Deity": Rajasthan High Court Rejects 35-Yr-Old Plea Challenging Re-Entry Of Temple Land In Revenue Records

The Jaipur bench of the Rajasthan High Court recently dismissed a 35-year-old plea against an order by which the Ajmer Revenue Board "re-entered" into the records, a land on which Shri Gopalji Temple is situated, underscoring that the land in question belongs to a deity–a minor who is precluded from availing legal remedies without human help. Justice Avneesh Jhingan further said that based...

Proviso To S.10A Of IBC Doesn't Bar CIRP Applications Where Default Continues Beyond Moratorium Period: Madras High Court

The Madras High Court bench comprising Justice S.S. Sundar and Justice P. Dhanabal has held that the proviso to Section 10-A of the Insolvency and Bankruptcy Code (IBC) does not extend to cases where the default continues beyond the moratorium period. The court noted that Section 10-A only imposes a moratorium temporarily suspending the initiation of the Corporate...

S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court

The Supreme Court (January 28), while allowing constables' appeal against their conviction for murder, reiterated that in order to charge accused persons under Section 34 (common intention) of the IPC, it must be established that the accused had preplanned the act and shared a common intention. Reliance was placed on several judgments including the recent decision in Madhusudan and others...

'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University

The Kerala High Court cancelled the selection of Assistant Professors in Kannur University made by the Selection Committee partly chaired by the former Vice Chancellor Gopinath Ravindran. In-midst of the selection process, on November 30, 2023 the Supreme Court had set aside the appointment of Dr. Gopinath Ravindran as the VC of the University.On the second day of the interview, Dr....

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC

The Karnataka High Court has said that daughter who was already born at the time of a partition that took place before 20th December 2004 (Amendment to Section 6 of the Hindu Succession Act), between the father and his sons, cannot be elevated to the status of the daughter born after the partition and cannot claim the share in the property allotted to the father or challenge the alienation...

"Not Everyone Can Come To Court": Madras High Court Asks TN Home Secretary To Ensure Prompt Filing Of FIR, Final Reports

The Madras High Court on Friday asked the Tamil Nadu Home Secretary to ensure that FIRs and Final Reports are filed by the police department promptly after following due procedures of law.Justice P Velmurugan also dispensed with the appearance of Home Secretary Dheeraj Kumar whom he had instructed to appear personally. The court also told the Home Secretary that it did not intend to summon...

'Hope CBFC Will Take Note Of Objections When Deciding On Certification': P&H High Court Disposes Of PIL Seeking Ban On Delhi Riots Movie

The Punjab & Haryana High Court on Friday has disposed of a plea seeking a ban on the release of a movie based on the Delhi riots 2020.The Court took note of the Union Government's submission that the producer of the movie 'Delhi-2020' has not yet applied for the certificate before the Central Board of Film Certification (CBFC).Consequently, a bench of Chief Justice Sheel Nagu and...