All High Courts
15 Years Later, Gujarat High Court Reverses Husband's Acquittal On Abetment Of Suicide And Cruelty To Wife, Upholds Her 'Dying Declaration'
Reversing a 15 year old trial court order acquitting a husband accused of cruelty and abetting his wife's suicide, the Gujarat High Court while relying on the wife's dying declaration said that a mere non endorsement of it by a medical officer regarding her mental fitness does not, by itself, make the declaration inadmissible. Referring to the guiding principles laid down by Supreme Court...
Madras High Court Stays Single Judge Order Which Held Apartment Owners Association Cannot Claim Transfer Fee On Every Resale Of Flat
The Madras High Court has stayed the order of a single judge which had ruled that the flat owners could not charge a transfer fee on every resale of the flat. The bench of Justice D Krishnakumar and Justice PB Balaji have stayed by 8 weeks the order passed by the single judge. The stay was granted on an appeal filed by the Ankur Grand Owners Association challenging the May 2023...
UGC Regulation On Selection Committee For Appointment Of Assistant Professor Not Applicable To Minority Institutions: Madras High Court
The Madras High Court recently held that the UGC regulations prescribing setting up of a selection committee for the appointment of assistant professor was not applicable to minority institutions. Justice RN Manjula noted that since the selection committee includes outsiders, giving them the power to select the appointees for the post of Assistant Professors would amount to...
Security Breach: HC Directs Not To Deploy Punjab Police For Security Of Judge Known For Exposing "Large-Scale Lapses Of Punjab Police"
The Punjab & Haryana High Court has directed not to deploy Punjab Police for security of a sitting HC judge who exposed "large-scale lapses on the part of investigating agencies" of Punjab and whose security was compromised in a recent incident.The division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal has ordered deployment of officers of a "neutral" police force and...
Delhi High Court Weekly Round-Up: September 23 To September 29, 2024
Citations 2024 LiveLaw (Del) 1044 to 2024 LiveLaw (Del) 1078NOMINAL INDEXMr. Sujit Kumar Vs. State (Govt. Of Nct Of Delhi) And And 2024 LiveLaw (Del) 1044 Dr. Aniruddha Narayan Malpani v. Union of India 2024 LiveLaw (Del) 1045 SUDARSHAN v. THE STATE (GOVT. OF NCT OF DELHI) & ANR. 2024 LiveLaw (Del) 1046 MANISH v. STATE OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 1047 MODERN MOLD...
Can't Keep Accused In Jail Indefinitely; Witnesses Not Being Produced In Trial Courts In Heinous Cases: Allahabad HC Seeks UP DGP Affidavit
The Allahabad High Court recently expressed concerns over the prosecution's non-production of witnesses before the trial court, even in cases of heinous crime, leading to indefinite detention without trials. The Court emphasised that a person cannot be detained for an indefinite period if the prosecution is not making sincere efforts to produce the prosecution witnesses before...
Justice Manmohan Sworn In As Chief Justice Of Delhi High Court
Justice Manmohan on Sunday took oath as the Chief Justice of Delhi High Court. Oath was administered to Justice Manmohan by Lieutenant Governor Vinai Kumar Saxena at the Raj Niwas, the LG's secretariat.The swearing in ceremony was attended by Delhi Chief Minister Atishi. Others present were the Speaker of the Delhi Assembly, Ram Niwas Goel; Leader of the Opposition, judges of the Delhi...
Objections Regarding Employee's Appointment Can't Be Raised Post-Retirement, If Not Raised During Service: Jharkhand High Court
A single judge bench of the Jharkhand High Court comprising of Justice Deepak Roshan, while deciding a writ petition, held that objections regarding an employee's appointment cannot be raised post-retirement if no such objections were made during the employee's service period.Background Facts The employee was appointed as a typist by the Governing Body of S.P. College, Dumka, on August 1,...
Harsher Punishment Of Dismissal, Compared To Lighter Punishment For Co-Delinquent In Same Incident, Unsustainable: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Suresh Kumar Kait & Justice Girish Kathpalia, while deciding a Letters Patent Appeal held that the harsher punishment of dismissal from service as compared to lighter punishment of compulsory retirement for a co-delinquent in same incident is unsustainable.Background Facts The employee in this case joined the appellant bank...
Delhi High Court Confirms Employee's Discharge For Failing To Withdraw Within Time His Voluntary Unwillingness To Serve
A division bench of the Delhi High Court comprising of Justice Rekha Palli & Justice Shalinder Kaur, while deciding a writ petition held that employee's discharge from service was legal as he failed to withdraw within time period his voluntary unwillingness to serve.Background Facts The employee joined the Indian Navy as a Direct Entry Diploma Holder (DEDH) on August 6, 2006, for a...
Calcutta High Court Upholds Rs. 780 Crore Arbitration Award In Favour Of Reliance Infrastructure, Refuses Pre Award Interest
The Calcutta High Court division bench, comprising Justice I. P. Mukerji and Justice Biswaroop Chowdhury, has upheld the arbitral award amounting to Rs 780 crore in favour of Reliance Infrastructure Limited, with the exception of relief on pre-award interest and reduction in the rate of interest on bank guarantee. The court observed that the grant of pre-award interest was patently...
Criminal Conviction Necessary For Forfeiture Of Employee's Gratuity: Delhi High Court
Recently, a Division Bench comprising of Justice Suresh Kumar Kait and Justice Girish Kathpalia considered an appeal pertaining to the issue of alleged "moral turpitude" of an employee of Punjab National Bank (“Bank‟) under the Payment of Gratuity Act, 1972, and also, whether the Bank was justified in forfeiting the gratuity without a criminal conviction. The Division Bench upheld...