Higher Qualification Cannot Substitute Mandatory Basic Qualification: Madhya Pradesh High Court

Madhya Pradesh High Court: Justice Anil Verma dismissed a writ petition challenging the rejection of a teaching position application, holding that a Master's degree in English cannot substitute for the mandatory requirement of a Bachelor's degree in English under the Madhya Pradesh School Education Services (Teaching Cadre) Recruitment Rules, 2018. The Court upheld that candidates must...

Witnesses Gave False Evidence, Trial Court Didn't Handle Case Properly: 14 Yrs On, Madhya Pradesh HC Overturns Murder Conviction Of 2 Women

The Jabalpur bench of the Madhya Pradesh High Court set aside a 14-year-old murder conviction of two women who were also sentenced to life imprisonment, while observing that the trial court did not handle the case properly as "false evidence" had been given by prosecution witnesses. The high court further observed that even the police deliberately did not investigate the matter properly and...

PIL In Allahabad HC To Restrain Yati Narsinghanand From Making Remarks Against Prophet Muhammad, Holy Qur'an

A PIL (Public Interest Litigation) plea has been moved before the Allahabad High Court to restrain controversial head priest Yati Narsinghanand of Dasna Devi temple in Ghaziabad from raising questions against Prophet Mohammad and the holy book Qur'an.The PIL plea, filed by two Mumbai residents (Mohammad Yusuf and Zakir Husaun Mustafa Shaikh), also seeks the removal of his recent 'hate...

Mere Change Of Counsel Not Enough To Permit Recall Of Witness U/S 311 CrPC: Karnataka High Court Reaffirms

While hearing a matter concerning cheque bouncing, the Karnataka High Court reaffirmed that a mere change of counsel cannot be a ground to recall the witness for further cross examination under Section 311 of the Criminal Procedure Code. For context, Section 311 grants a court the power to summon material witness, or examine person present. The high court further observed that a plea moved...

Minor Survivor's Testimony Not Shaken Despite Lengthy Cross Examination: Rajasthan High Court Upholds 33 Yrs Old Attempt To Rape Conviction

The Jaipur bench of the Rajasthan High Court recently upheld a 33-year-old trial court order convicting a man for attempting to rape a minor girl, while noting that the girl's version of the incident had not been "shaken" even though she was subjected to lengthy cross-examination by the defence. In doing so the high court underscored that the girl's statement has to be seen in the light of...

Inordinate Unexplained Delay In Service Claims Attracts Principle Of Laches And Bars Relief: MP HC

Madhya Pradesh High Court: A single judge bench consisting Justice Vishal Mishra dismissed a petition seeking time-bound promotion benefits under the 1999 scheme, holding that inordinate delay without explanation bars relief under principles of laches. The court found that the 14-year delay between retirement and petition filing, with no substantial efforts to claim benefits during service...

Jurisdiction Under Articles 226/227 Of Constitution Cannot Be Invoked When Order Passed By Arbitral Tribunal Is Procedural: Delhi High Court

The Delhi High Court Bench of Justice Sanjeev Narula held that the question of maintainability of a writ petition in relation to arbitration proceedings is well settled. The jurisdiction of the Court under Articles 226 and 227 of the Constitution of India, 1950, cannot be invoked where the orders passed by the Arbitral Tribunals are procedural in nature. Brief Facts Lalit Mohan,...

AIBE 2024: Gujarat HC Asks State Bar Council To Give Provisional Certificates To Law Graduates From Govt/ Aided Colleges Not Approved By BCI

The Gujarat High Court, in an interim order, asked the Bar Council of Gujarat to accept the enrolment forms of "all similarly situated law graduates" from government and grant-in-aid law schools in the State which are not approved by Bar Council of India, and to issue provisional certificate of practice enabling the students to appear in the All India Bar Examination (AIBE) 2024. The exam...

Family Pension Under High Court Judges Act Applicable To Chairperson Of State Law Commission: Allahabad High Court

The Allahabad High Court has held that “family pension” rules under the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Rules framed thereunder will be applicable to the pension awarded to the Chairperson of the State Law Commission under the Uttar Pradesh State Law Commission Act, 2010.The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held...

Right To Accessibility Of Disabled Persons Extends To Digital Platforms Too: Kerala HC Bats For Service Centres To Fill Online PSC Applications

The Kerala High Court has observed that right to accessibility of persons with disability (in this case a visually challenged person) is not limited to buildings and services but extends to digital platforms too. Thus, compelling them to rely on third parties to fill up their online job application limits their "autonomy".The Division Bench of Justice AM Mustaque and Justice PM Manoj has...

Employer Must Substantiate Misconduct Charges With Documentary Evidence, Mere Allegations Without Proof Insufficient: Madras HC

Madras High Court: A Division Bench of Justices M.S. Ramesh and C. Kumarappan upheld a Labour Court order reinstating an employee terminated on charges of theft and misconduct, holding that disciplinary action must be supported by substantial evidence rather than mere allegations. The Court emphasized that the employer's failure to produce essential records like stock registers to prove...

Calcutta High Court Stays Suspension Of RG Kar Medical College Junior Doctors Over Alleged 'Threat Culture'

A Calcutta High Court vacation bench recently stayed the suspension and expulsion of around 51 junior doctors from RG Kar Medical College and Hospital over allegations of 'threat culture.'Notably, RG Kar has been the scene for the brutal rape and murder of a trainee doctor after she had completed her night duty.In the present case, the petitioners had been suspended and expelled from the...