Gujarat High Court Issues Notice On Plea To Implement 4% Reservation In Promotions For Persons With Disabilities Employed By State

The Gujarat High Court on Monday (January 20) issued notice to the Union Ministry of Social Justice and Empowerment and the Department of the Empowerment of Persons with Disabilities on a plea for immediate compliance of an Office Memorandum mandating 4% reservation in promotions for State employees with disabilities under the Rights of Persons with Disabilities Act.The Office Memorandum,...

Plea Based On Newspaper Report, No Research Done To Support Claim: Madhya Pradesh HC Dismisses PIL Alleging Cracks In A New Flyover

The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) refused to entertain a Public Interest Litigation petition, filed on the basis of a newspaper report, observing that no research or scientific report was submitted to support the claims regarding damages in a newly constructed flyover in the city. The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek...

Calcutta High Court Directs South Eastern Railway To Refund Additional 20% Surcharge Levied On Consignment

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya and Justice Uday Kumar has held that an impugned judgment passed by the Railway Claims Tribunal, Kolkata whereby the appellant's claim for refund of 20% surcharge was refused is erroneous in law and perverse. Court said that the tribunal overlooked the obvious legal effect of the Circulars and Goods Tariff documents before...

Bengal Govt Approaches Calcutta High Court Challenging Life Sentence For RG Kar Convict, Calls For Death Penalty

The West Bengal government has approached the Calcutta High Court demanding the death penalty for the convict in the RG Kar rape and murder case, who was sentenced to life imprisonment by the Sessions court. The court had held that the case did not fall within the "rarest of rare" category.Chief Minister Mamata Banerjee on her 'X' handle criticised the verdict, and vowed to appeal against...

Delay In Conducting Qualifying Exam By State Can't Be Attributed To Candidate: Rajasthan HC Directs Regularization Of Service From Prescribed Date

Rajasthan High Court granted relief to a Lower Division Clerk whose services were regularized from a later date than the date of completion of her probation period owing to delay on part of the State in conducting the prescribed examination that was required to be cleared for such regularization.The bench of Justice Arun Monga observed that the petitioner was willing and available throughout...

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court

The Kerala High Court Bench of Justice Dr A. K. Jayasankaran Nambiar and Justice Easwaran S. held that if the parties choose to refer to a singular point for arbitration, then the arbitral tribunal cannot proceed to decide on all disputes. On the contrary, if the parties agree to arbitrate on the entire disputes, then the arbitral tribunal shall have jurisdiction to decide the entire...

'You're Making Mockery Of The System': Madhya Pradesh HC Directs State To Speed Up Approval Process To Appoint Arbitration Tribunal Members

The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) has directed the State to speed up the process for administrative approval for appointment of members of Abitration Tribunal and amendment of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.For context, the Act provides for the establishment of a Tribunal to arbitrate in disputes to which the State government or a...

Kerala HC Accepts Police Officer's Testimony To Uphold Conviction For Forged Driving License, Says Public Usually Reluctant To Become Witness

The Kerala High Court has observed that the public often shows reluctance to become witnesses, and stated that the testimony of police officers can be admissible, if they are found to be reliable and trustworthy.A single judge bench of Justice M. B. Snehalatha further held testimony of police officer should not be viewed with distrust solely because he is a witness from the Department of...

Dwarka Demolition: Gujarat Govt Seeks To Vacate Status-Quo Order, Says Alleged Religious Structures Being Used To Traffick Explosives

The Gujarat government on Monday (January 20) opposed before the High Court the continuance of a status quo order protecting from any action certain properties which are alleged to be religious structures located in Dwarka, arguing that the structures are being used for trafficking explosives.During the hearing the court also orally enquired into the nature of a property under the Waqf Act...

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. In doing so, the court opined that the impugned action must relate to a 'public duty' in order to come under the ambit of Article 226 of the Constitution.The single-judge bench of Justice Vijay Kumar Shukla observed, “The...

Court Not Prohibited From Looking Into Material Considered By SEBI While Adjudicating Plea For Compounding Of Offence: Delhi High Court

The Delhi High Court has held that the SEBI (Settlement Proceedings) Regulations, 2018, cannot prohibit any Court from looking into material which led the SEBI or its High Powered Advisory Committee (HPAC) to allow or reject a plea for compounding of offences alleged under the SEBI Act, 1992.Regulation 29(2) of the Settlement Regulation provides that material placed before the HPAC or the...

Bombay High Court Quashes FIR Against Man For Driving Without Helmet, Orders Him To Perform Community Service At Hospital

While quashing a First Information Report (FIR) against a 22-year-old man for driving a two-wheeler without a helmet and licence in 2017 (when he was 17-years-old), the Bombay High Court asked him to perform 'community service' at a hospital for four Sundays. The court further directed him to deposit his licence with the Mumbai Police for nearly three months and not to drive any vehicle in...