Out Of 20 Criminal Cases Against MPs/ MLAs In Gauhati HC, 5 Disposed And 15 Listed For Final Hearing & Disposal Next Month: High Court Told

The Registry of the Gauhati High Court placed a report before the High Court which shows that out of the 20 criminal cases against MPs/MLAs pending before the Principal Seat, 05 cases have been disposed of.The division bench comprising Justice Suman Shyam and Justice Arun Dev Choudhury was informed that insofar as the remaining 15 cases are concerned, those are fixed in the month of...

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court

The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view.While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division Bench of Justice Sangam Kumar Sahoo...

Rajasthan HC Makes Exception For Widow Declared Ineligible For Job For Having More Than 2 Children, Considers Her Socio-Economic Condition

While exercising its inherent powers, the Jaipur bench of the Rajasthan High Court directed the State to grant employment to a widow and a mother of four belonging to the SC category, who stood meritorious in the recruitment process to the post of school lecturer, but was denied employment for having more than two surviving children.Justice Sameer Jain held that it was imperative to depart...

Person Guilty Of Offence Involving Moral Turpitude Can't Be Denied Passport If He Was Convicted More Than 5 Yrs Ago: Kerala High Court

The Kerala High Court has held that as per Section 6 (2)(e) of the Passports Act of 1967, passport authority cannot refuse passport to a person held guilty of offence involving moral turpitude, if he has not been convicted within five years preceding the date of filing the passport application.In the facts of the case, the petitioner was convicted on December 31, 2015 for three...

Madhya Pradesh High Court Denies Anticipatory Bail To Narcotics Inspector Accused Of Taking Bribe For Granting Opium License

The Indore Bench of Madhya Pradesh High Court recently denied anticipatory bail to a Narcotics Inspector booked for being involved in taking bribe through another person to facilitate grant of opium license.Justice Subodh Abhyankar observed, “…it is not necessary that a person must receive the amount/undue advantage in his hands only, and there may be instances that he may obtain the...

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Hiranmay Bhattacharyya, J. held that the compassionate appointments cannot be granted to posts under Urban Local Bodies in the absence of a specific policy governing such appointments. Background Facts The employee was working in Arambagh Municipality. He died on 4th November, 2014 while in service. His divorced...

NBFC Moves Karnataka High Court Alleging Trial Court Cited 'Non-Existing Judgments' To Reject Its Claim

The Karnataka High Court on Tuesday (January 28) heard a petition wherein it is claimed that the trial court relied on non-existing judgments on the records of the respective courts to pass an order rejecting the application filed for return of plaint.Senior Advocate Prabhuling K Navadgi appearing for the petitioner Sammaan Capital Limited, a Non-Banking Finance Company submitted before Justice...

Bombay High Court Takes Exception To Lawyers Coming To Court 'Unprepared'

The Bombay High Court on Tuesday (January 28) orally took exception to advocates not coming prepared for their matters, despite the same being listed for hearing.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale said by not coming properly prepared, these advocates were doing injustice to their own clients along with litigants, whose matters are listed but aren't heard...

Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court

The Delhi High Court has ruled that the recommendations of the State or National Human Rights Commissions are binding in nature and the purpose of enactment of the Human Rights Act would be nullified if they are held to be mere recommendatory bodies.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that holding that Human Rights Commissions can only...

Ex-Gratia Relief Cannot Replace Court Ordered Compensation: J&K High Court Upholds ₹20 Lakh Compensation For Electrocution Victim

Upholding a writ court judgment directing the Power Development department (PDD) to pay Rs. 20 lakh as compensation to a young electrocution victim the Jammu and Kashmir and Ladakh High Court has reaffirmed that the policy of granting ex-gratia relief cannot preclude courts from awarding appropriate compensation to victims of electrocution.Dismissing an appeal by PDD Justices Rajnesh Oswal...

[SC/ST Act] Courts Duty To Ensure Social Welfare Legislations Are Not Misused & False Complaints Are Not Perpetuated: Delhi High Court

While quashing a First Information Report (FIR) under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('PoA Act'), the Delhi High Court remarked that such welfare legislations should not be misused for ulterior motives and that the court has to ensure that false complaints are not allowed to continue.Justice Dinesh Kumar Sharma commented, “The Scheduled Castes...

Delhi High Court Closes PIL Seeking Time Bound Scrutiny, Curing Defects Of Fresh Matters For Listing

The Delhi High Court has recently closed a public interest litigation seeking a time bound scrutiny and raising of defects of fresh matters for listing before the Court.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela said that the issues, if found to be relevant, would be taken up on the administrative side of this Court.“We do not find...