Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants

The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason.In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of Kerala Administrative Tribunal upholding his...

Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal

In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.A division bench of Justices Bharati Dangre and...

“Church Properties Being Swindled Against Tenets Of Bible” Madras High Court Orders CBI Probe Into Sale Of Church Land To Private Persons

The Madras High Court has directed the Central Bureau of Investigation to register a complaint and inquire into the sale of a church land to private persons. The land, which is originally a government land, was assigned to the church to be used for the welfare of destitute women and children. Justice KK Ramakrishnan noted that the Church of South India (CSI) had instead transferred...

Madhya Pradesh HC Permits First Round Of NEET-PG Counselling, Restricts Result Declaration Till Nov 28 Over 'Normalization Process' Issue

While ordering the State to carry out "first round of counselling" of NEET-PG counselling for MD/MS courses, the Jabalpur bench of the Madhya Pradesh High Court directed that the results shall not be declared till November 28.The direction came in a plea where the petitioners raised concerns over the non adoption of the 'normalization process' done for the second time which they said had...

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court

The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. It was held the State Government cannot mechanically appoint him despite having criminal case pending against such employee.While dealing with a case where the Petitioner was booked under the Dowry Prohibition Act, 1961,...

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court

The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4(1) or 4(2) of the POCSO Act and the Trial Court did not put any preliminary questions to the victim child, before recording her evidence.The division bench comprising...

'Apprehension' Of Criminal Force Caused By Accused's Gestures Sufficient To Constitute Assault: Jharkhand HC Upholds Conviction U/S 353 IPC

The Jharkhand High Court has ruled that the actual use of criminal force is not a condition precedent to attract the offence of assault defined under Section 351 of the IPC, which is punishable under Section 353 applicable. The Court held that the mere apprehension in the victim's mind about the potential use of criminal force, created by the accused's gestures, is sufficient to constitute...

When Multiple Agreements Are Not Interconnected, Arbitration Clause In Any One Agreement Can't Justify Referring All Disputes To Arbitration: Telangana HC

The Telangana High Court bench of Chief Justice Alok Aradhe and Justice Sreenivas Rao, affirmed that where multiple agreements are interconnected and form part of a single commercial transaction then only the presence of an arbitration clause in one or more agreements can justify referring all disputes, involving all agreements and parties, to arbitration. This is true even if some...

Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs

The Jharkhand High Court in a recent judgement, has directed the State to regularise the services of an appellant who had been engaged as a Computer Operator on a daily-wage basis since 2008 and later on a contractual basis.A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan observed, “We are of the opinion that utilizing the services of the appellant...

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts

While quashing a complaint filed under Section 156(3) of Cr.P.C., the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the act of the alleged complainant after noting that he had filed a "false affidavit" stating that the police authorities did not act or conduct an inquiry upon his complaint.In doing so, the court said that the respondent/complainant was...

For 'Recruitment By Transfer', Condition Prescribed In Notification Must Be Scrupulously Followed Until Appointment: Kerala High Court

While hearing a plea against the rejection of a man's candidature to the post of a typist on account of his promotion prior to recruitment to the post, the Kerala High Court said that 'recruitment by transfer' under the relevant rules requires that the condition prescribed in the concerned recruitment notification is scrupulously followed till appointment is effected.It observed that when...

'Widowed Daughter Falls Within Definition Of Dependent Family', Allahabad HC Directs Compassionate Appointment

A Division Bench of the Allahabad High Court comprising Justices Rajan Roy, and Om Prakash Shukla granted relief to a widowed daughter seeking appointment to the post her deceased father based on compassionate grounds. The Court held that even after marriage or widowhood, a woman would continue to be a daughter. Moreover, if she was widowed before the death of her father, she would for all...