High Courts
Elderly Man Using “Lathi” Not A Weapon: Punjab & Haryana HC Modifies 100-Yr-Old's Murder Conviction To Culpable Homicide Not Amounting To Murder
The Punjab & Haryana High Court has altered a 100 year old man's murder conviction to culpable homicide not amounting to murder, noting that he delivered a single blow with his lathi, which is not a weapon and is typically carried by elderly persons in villages.Justice Gurvinder SIngh Gill and Justice Jasjit Singh Bedi said, "The question that there arises for consideration is as to...
Leave Encashment Benefit Can't Be Withheld Only Due To Pendency Of Judicial Or Disciplinary Proceedings: Orissa High Court
The Orissa High Court has reiterated that the leave encashment benefit of a retired government employee cannot be withheld only on the ground that a judicial or disciplinary proceeding was pending against him at the time of his superannuation.While setting aside the order, by which the said post-retirement financial benefit of the petitioner was kept at bay, the Single Bench of Justice...
EWS Reservation Can't Be Claimed By Those Already Holding Reserved Category: J&K HC Cancels MBBS Admission Secured Under Misrepresented EWS Status
The High Court of Jammu & Kashmir and Ladakh has ruled that an individual seeking to claim reservation under the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA), or any other similar categories.Citing Section 2(o) of the J&K Reservation Act along with...
J&K Police Rules | SPOs Entitled To Same Protections as Regular Police Officers, Cannot Be Disengaged Without Due Process: High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that Special Police Officers (SPOs) enjoy the same protections as regular police officers and cannot be disengaged from service without being provided a reasonable opportunity to show cause and meet the charges levelled against them.A bench of Justice Rajesh Sekhri, emphasized the importance of adhering to the principles of...
O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code (CPC) can only be appointed when the evidence before the trial court is inconclusive and requires clarification.Justice Rajnesh Oswal set aside an order of the Municipal Magistrate, Jammu, which had appointed a Tehsildar as Commissioner...
Unnecessarily Subjecting Child To Medical Exam Will Cause More Mental Stress: Madras HC Asks Hospitals To Examine Victims Based On Complaint In POCSO Cases
Noticing the routine manner in which every child in a case under the Protection of Children from Sexual Offences Act (POCSO) was being subjected to medical examination mechanically, the Madras High Court has asked the doctors and hospitals to conduct medical examinations based on the nature of the complaint. A special bench of Justice N Anand Venkatesh and Justice Sunder Mohan, which...
Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court further stated that the Writ Court shall only interfere in the Inquiry Officer's findings of guilt only if they are perverse.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S....
Kerala High Court Seeks Detailed Action Plan From State Over Elephant Attacks In Aralam Farm
The Kerala High Court, on Thursday (13th February), asked the State Government if any plan of action had been formulated to combat the repeated elephant encroachments and attacks happening on Aralam farm in Kannur. The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu asked the State to submit details on any plan of action formulated, the short-term and long-term plan...
Madras High Court Declines To Interfere With Conviction And Sentence Of MLA In Case Involving Receipt Of Foreign Funds
The Madras High Court has dismissed a revision petition filed against the conviction of MLA MH Jawaharulla and other members of the Tamilnadu Muslim Munnetra Kazhagam (TMMK) in a case involving the receipt of foreign funds. The court thus confirmed the conviction and sentence imposed on Jawaharulla. Justice P Velmurugan, however, directed the Central Bureau of Investigation (CBI) not...
Kerala High Court Issues Directions To Enforce Ban On Certain Single-Use Plastics, Orders Strict Compliance
The Kerala High Court has issued a series of guidelines to ensure that the ban on certain single-use plastics (SUP) is properly enforced and to make sure that manufacturers, importers and persons recycling or processing plastic waste have got the necessary registration under Rule 13 of Plastic Waste Management Rules, 2016.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu...
Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds
The Rajasthan High Court has directed the State to grant appointment to the petitioner, who had 90% hearing impairment and had applied for the post of Safai Karamchari in 2018 but due to some software error was not considered for the draw of lots under the PwD category, resulting in his non-appointment.Justice Arun Monga opined that the petitioner's appointment might appear unfair since he...
AMU Student Booked Over Anti-CAA Protests Moves Allahabad High Court Challenging Cognizance Order
A 25-year-old student of the Aligarh Muslim University (AMU) who is facing a 2020 FIR on the allegations of raising slogans during the CAA-NRC protests and thereby disobeying public servant's order has moved the Allahabad High Court challenging the cognizance order, the chargesheet, and the entire case proceedings. The petitioner, Misbah Qaiser, a B.Arch. Student at the...