'Basis For Enquiry Is A Myth': Andhra Pradesh HC Grants Relief To Employee Denied Notional Benefits Over Anticipated Dept Enquiry

The Andhra Pradesh High Court has given relief to an employee who was reinstated into service after initial suspension, but was denied benefits of seniority and promotion under the guise of an anticipated departmental enquiry.In this regard, a Single Judge Bench of Justice Challa Gunaranjan, observed,“…5th respondent as on today not initiated any disciplinary action even after lapse of...

False Rape Complaints Not Only Puts Unnecessary Load On Overflowing Dockets But Causes Injustice To Actual Victims: Delhi High Court

The Delhi High Court has observed that false rape complaints not only puts unnecessary load on the overflowing dockets but also causes grave injustice to actual rape victims. “Every false complaint contributes to not just unnecessary load on the overflowing dockets, but also to the artifacts of crime, generating an impression in the society about falsity even of genuine complaints,...

Abandoning Duty Without Prior Sanction Is Not 'Deemed Resignation', Must Be Dealt As Indiscipline Under Civil Services Rules: Rajasthan HC

Rajasthan High Court partly allowed a plea challenging an order under Rule 86 of Rajasthan Voluntarily Rural Education Service Rules as per which a government college teacher was “deemed to have resigned”, stating that though show cause notice issued to him was correct, his act of not reporting back on duty could not be deemed as a resignation. The court said that though Rule 86 was...

MP High Court Seeks Report On Legal Aid Provided To Undertrial Prisoners, Convicts In Filing Bail Applications, Appeals & Revisions

While hearing a murder convict who had also sought condonation of delay of 850 days in filing appeal against trial court judgment, the Madhya Pradesh High Court has sought answer from District Legal Services Authority, Rewa as to why legal aid was not provided to the convict immediately. In doing so, the Court observed that this was a "reflection of working of legal aid in the State" and...

Gujarat High Court Declines Narayan Sai's Furlough Plea In 2014 Surat Rape Case

The Gujarat High Court on Wednesday (April 30) dismissed the furlough plea moved by Asaram Bapu's son Narayan Sai who was convicted for rape and sentenced to life imprisonment in 2019 by a Sessions Court in Surat.After hearing the arguments by the parties, Justice MR Mengdey said, "I'm not inclined...dismissed".Sai had approached the high court for furlough last month wherein the high court...

FIR Will Be Lodged In Badlapur Fake Encounter Case: Maha Govt Tells Bombay HC After Warning Of Contempt Action Over Delay

After dragging it's feet over lodging of an FIR in the Badlapur Fake Encounter Case, the Maharashtra Police on Wednesday told the Bombay High Court that it will be lodging an FIR in the case, latest by Saturday (May 3).A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement made by Public Prosecutor Hiten Venegavkar who told the judges that by Saturday an...

Revisional Court Can't Assume Jurisdiction To Reject O.21 R.97 Application When It Is Pending Before Executing Court: Allahabad HC

The Allahabad High Court has held that a revisional court cannot assume jurisdiction of an execution court and decide an application under Order XXI Rule 97 CPC, when the same is pending before the executing court. Justice Rohit Ranjan Agarwal observed that the Revisional Court exceeded its jurisdiction in rejecting an application under Order XXI Rule 97 CPC, after concluding that the issue...

Colaba Residents Association Moves Bombay High Court Against Proposed Construction Of Passenger Jetty Near Gateway Of India

Colaba residents have approached the Bombay High Court against the proposed construction of a passenger jetty and terminal facilities near the Gateway of India.Clean and Heritage Colaba Residents Association (CHCRA), an association of over 400 residents of Colaba, filed the petition against the proposed 'Passenger jetty and Terminal Facilities' construction by the State government and...

Separate Notice For Counter Claims U/S 21 Of A&C Act Not Required When Arbitration Proceedings Are Pending Between Parties: Delhi HC

The Delhi High Court bench of Justice Subramonium Prasad has observed that where the disputes between the parties are already the subject matter of an earlier arbitral reference, a separate notice under Section 21, Arbitration and Conciliation Act, 1996 (“ACA”) would not be necessary for separate proceedings to adjudicate counter claims. Facts The present petition under...

Phone Tapping Case | Telangana High Court Reserves Verdict On Anticipatory Bail Plea Of Ex-Special Intelligence Bureau Chief

The Telangana High Court on Wednesday (April 30) reserved its verdict on an anticipatory bail plea moved by former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS.After hearing all the parties, Justice J Sreenivas Rao said, "Heard both sides. For orders and judgments". Senior...

Directors Not Personally Liable For Non-Fulfilment Of Company's Export Obligations Unless Specific Role Is Alleged: Delhi HC

The Delhi High Court has held that unless specific allegations which discuss the role of a director in the export performance are made, there is no question of finding the director personally liable for non-fulfilment of export obligations by the company.Justice Tara Vitasta Ganju relied on Santanu Ray vs. Union of India where the Supreme Court discussed vicarious liability of directors. In...

Gujarat High Court Upholds Demolition Drive In Ahmedabad's Chandola Lake Area, Rejects Plea For Rehabilitation

The Gujarat High Court on Tuesday (April 29) upheld a demolition drive undertaken by state authorities in Ahmedabad's Chandola lake area on Monday (April 28), after observing that the water body is government land and the construction on it was illegal. The court was hearing a plea moved by 18 persons seeking to declare the demolition drive undertaken by the State on April 28 Chandola Lake...