Waving Black Flag To A Person Neither Defamation Nor An Illegal Act: Kerala High Court Quashes Case For Protesting Chief Minister's Convoy

The Kerala High Court has stated that showing or waving a black flag at a person cannot be perceived as a defamatory or illegal act to attract an offence under Section 499 of the IPC. The Court further stated that even if a flag of any colour is displayed as a form of protest, it cannot be regarded as defamation in the absence of any law prohibiting such an act.In the facts of the case,...

State Govt Can Take Action Against IPS Officers Serving In Their Territory: Centre Tells Calcutta High Court

The Calcutta High Court on Thursday was told by Additional Solicitor General Ashok Kr Chakrabarti appearing for the central government, that the Department of Personnel and Training was not the competent authority to take action against IPS officers deployed in various states.The ASG submitted a circular dated 24th October by the Ministry of Home Affairs, to a division bench of Chief Justice...

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service

While allowing an NIT Bhopal Assistant Professor's plea against dismissal from service who was accused of sexual harassment, the Jabalpur bench of the Madhya Pradesh High Court said that the Internal Complaints Committee can, before starting the departmental enquiry, try to "settle" the case by referring the matter to conciliation. In doing so, the court mentioned the importance of complying...

Delhi HC Upholds Denial Of Capital Gain Exemption For Property Described In Sale Deed As “Makaan” But Having Brick-Kiln Construction

The Delhi High Court has refused to interfere with an ITAT order declining capital gain exemption under Section 54F of the Income Tax Act, 1961 with respect to a property described as “makaan” (house) in the registered sale deed but in actuality having a brick kiln construction. Section 54F offers exemption from long-term capital gain tax on the sale of non-residential assets when...

Calcutta High Court Orders Dismantling Of Unauthorised Advertisement Hoardings In Bidhannagar Within 48 Hours

The Calcutta High Court has directed advertisers with hoardings in Kolkata's Bidhannagar area, to take immediate steps to dismantle unauthorised hoardings immediately within the next 48 hours, failing which the Municipal Corporation would be directed to dismantle them and recover costs.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya express "surprise" over...

Overbearing Officials Can't Harass Deceased Employee's Family: Allahabad HC Orders Interest On 14-Yr Delay In Payment Of Retiral Dues

The Allahabad High Court last week directed state authorities to pay interest (fixed at 8 per cent) on the 14-year delayed disbursement of retiral dues to the wife of a state government employee, who died in harness in the year 2005. Noting that the state authorities had adopted a callous attitude to the plight of the petitioner-wife, a bench of Justice Ajay Bhanot underscored...

Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court

Rajasthan High Court set aside the punishment of removal from service against a constable (“Petitioner”) who was charged for submitted a forged marksheet at the time of entering the service, ruling that given the unblemished record of 38 years of service of the Petitioner, and the nature of the misconduct, the punishment was disproportionate and excessive.The bench of Justice Vinit...

DRT May Entertain Plea Against Measures To Recover Secured Debts Beyond Limitation If Satisfied With The Reasons: Gauhati High Court

The Gauhati High Court has recently held that the Debt Recovery Tribunal has to dispose of an application under SARFAESI Act made against measures to recover secured debts by any person in accordance with Section 24 of the Recovery of Debts and Bankruptcy Act which applies the provisions of the Limitation Act to tribunal proceedings.For context, Section 24 of the RDB Act states that...

"Humanity Is Above All": Calcutta High Court Frowns Upon Fatal Clashes Between Worshippers Outside Mosque, Orders Police To 'Take Control'

The Calcutta High Court on Wednesday expressed concern over clashes between two groups of worshippers over prayer timings outside a mosque, leading to one death and several injuries.Justice Tirthankar Ghosh took exception to the outbreak of violence, and directed the local police to "Take over" and regulate entry and exit to the mosque."Humanity is above all...which religion says that you have...

REET | If One Agency Of State Govt Declares Candidate Eligible, Another Govt Agency Can't Declare Him Ineligible: Rajasthan High Court

Rajasthan High Court has ruled that once an agency of the State Government i.e. the Board of Education had certified a candidate to have passed REET Level-I examination, it was not open for another agency i.e. the Education Department to reject the candidature opining that he did not pass the exam.The bench of Justice Farjand Ali was hearing a petition filed by a candidate of the recruitment...

Kerala High Court Orders Crime Branch Probe Into State Minister Saji Cherian's Alleged Remarks Disrespecting Constitution

The Kerala High Court has ordered investigation by crime branch into the alleged insulting remarks made against the Constitution by State's Minister for Fisheries, Culture and Youth Affairs, Saji Cherian. Justice Bechu Kurian Thomas ordered thus in a petition moved by a lawyer against the police closing investigation against the Minister.Reportedly, Saji Cherian in a speech in July 2022...

Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC

Rajasthan High Court has set aside an order of the Superintendent of Police rejecting the candidature of the Petitioner for the post of the Constable on the grounds that his acquittal in an FIR registered against him was not honourable, but due to lack of evidence.The bench of Justice Arun Monga ruled that an acquittal was an acquittal, on whatever ground, which restored the Petitioner's...