Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge Bench. The Court observed...

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh set aside an order of dismissal observing that as long as the certificates in dispute were not cancelled, the Authorities could not initiate Disciplinary Proceedings or impose penalty in the form of a dismissal order.BackgroundThe Appellant was appointed as an Assistant Engineer on 23.06.1987 in...

'Pensionary Benefit To Retired Employees Is A Vested Right Subject To Fulfilment Of Prescribed Conditions', Orissa High Court Dismisses Claim For post-retirement benefits

A Single Judge Bench of Orissa High Court comprising Justice Dr. S.K. Panigrahi dismissed a Petition seeking pensionary benefits. The Court held that in absence of Rules specifying the grant of such rights, the Petitioner would not be entitled to any benefits.BackgroundThe Petitioner was appointed to the position of State Information Commissioner in Odisha. As per the recommendations of...

Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor

While permitting a 16-year-old school going girl to terminate her over 26-week-pregnancy, the Kerala High Court said that the mental trauma undergone by the minor girl who had been stated to be subjected to "repeated sexual assault", cannot be an irrelevant consideration.In doing so the court allowed an appeal by the survivor's mother challenging a single judge's order which had rejected...

Registry To Obtain 'Administrative Order' From Chief Justice For Listing Cases Deviating From Roster: Kerala High Court

The Kerala High Court has said that its Registry will seek "administrative orders" from Chief Justice if it receives any judicial orders to connect cases from a different roster without any assigned specific reason or without a direction to obtain permission from the Chief Justice. The court was hearing a suo motu matter under the Judicial Practice and Procedure roster. The Registry had...

Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case

The Calcutta High Court bench of Justice Shampa Sarkar has injuncted the West Bengal Government and WBIDC from disposing of subject matter of the Award in the execution petition filed by the award-holder in Essex case.Background:This execution petition stems from a dispute under a Share Purchase Agreement (SPA) which was signed between between Essex Development Investments (Mauritius)...

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act

The Himachal Pradesh High Court bench of Justice Virender Singh has reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Courts may only interfere if the award exhibits patent illegality or arbitrariness that goes to the root of the matter.Brief Facts:The...

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". In doing so the court directed...

Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court

The Kerala High Court stated that the department cannot reopen an assessment that has already been settled by issuing a fresh notice if the period of limitation had expired before the date of the amendment extending the timeline for reopening.The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “…….no doubt, in those cases where the erstwhile period...

Appointment To Government Post Cannot Be Denied Due To Mere Implication In Dowry Case: Allahabad High Court

While considering a case of an appointment to a government post, the Allahabad High Court has held that merely being implicated in a criminal case does not de facto form a basis for rejecting the candidate.In the case where the person seeking appointment was the brother of the main accused and had been implicated in case for dowry, Justice J.J. Munir observed that“Given the social...

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences.The single-judge bench of Justice Vishal Dhagat observed, “At first glance, Children's Court appears to be Court which are trying the cases...

Are Government Pleaders Gazetted Officers? Kerala High Court Asks Govt To Clarify

The Kerala High Court has asked the government to issue a notification or instruction clarifying whether Government Pleaders, Senior Government Pleaders, and Special Government Pleaders are Gazetted Officers within one month.Justice Gopinath P. was considering a writ petition filed by an Indian woman who wanted to marry an American citizen and her application submitted under the Special...