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...

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...