Punjab & Haryana High Court Issues Guidelines On When Tribunals Can Order Fixed Deposits While Granting Compensation

The Punjab & Haryana High Court has laid down guidelines illustrating cases when Tribunals can order Fixed Deposits of compensation.Justice Pankaj Jain said, "The guidelines are not to be interpreted like statute but need to be followed in a more pragmatic manner. The Tribunals are right in ordering investment of compensation in Fixed Deposits in the case where a claimant is prone to...

[Land Revenue Act] Recovery Was Initiated Without Any Order Recalling Subsidy For Being Wrongly Granted: Rajasthan HC Sets Aside Proceedings

Rajasthan High Court set aside a recovery notice issued by the State Government under the Land Revenue Act to the petitioner for recovering the amount of wrongly issued subsidy observing that the recovery proceedings were initiated directly without there being any order passed for recalling the subsidy, solely based on the objection raised by the auditors towards granting of the subsidy.The...

Ensure No Other Surgery Takes Place Under Mobile Torchlight: Bombay High Court Tells BMC After Death Of Mother, Newborn

Observing that 'lives are precious' the Bombay High Court on Tuesday told the Brihanmumbai Municipal Corporation (BMC) and also the National Medical Commission (NMC) to play a 'proactive' role and ensure that no other surgery or delivery takes place in mobile torchlight in any of the civic or State-run hospitals.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan was hearing...

NDPS Act | Whether Magistrate Before Whom Accused Is Brought Needs To Ask For Consent Before Conducting Search? P&H High Court Answers

The Punjab & Haryana High Court has said that Gazetted Officer or Magistrate is not required to take fresh consent or inform that the accused has right be searched in presence of Gazetted Officer or Magistrate when the concerned officer has already informed the accused under Section 50 of the NDPS Act.Section 50 of the NDPS Act provides both a right as well as an obligation. The person...

Prosecution Could Not Show Unbroken Link Between Accused And Crime, Cant Convict On Mere Suspicion: Gujarat HC Acquits Man In Murder Case

While acquitting a man convicted in a murder case, the Gujarat High Court said that prosecution could not establish an "unbroken" link between the man and the crime, adding that nobody can be convicted on a mere suspicion however strong it may be. A single judge bench of Justice Divyesh A Joshi in its judgment observed, "No doubt, a family has lost its loved one in the present case, but...

Can ST Women Without Dissolution Decree Be Considered Under ST (Divorcee) Category For Public Employment: Rajasthan HC Refers To Larger Bench

Faced with a situation of two conflicting decisions by two division benches, the single bench of Justice Anoop Kumar Dhand at the Rajasthan High Court has referred the question of whether a Scheduled Tribe woman can be considered for appointment for a government post under the divorcee category without having decree of dissolution from the competent court before the last date of submission of...

Sanctioning Authority Must Record Findings Based On Attending Circumstances To Prove Employee's Misconduct: Rajasthan High Court

Rajasthan High Court has ruled that to exercise the powers under Rule 170 of the Rajasthan Services Rules, 1950, (“the Rules”) the punishing authority cannot merely rely upon the findings of the enquiry officer but is obliged to record a finding clearly mentioning the circumstances that led to his/her satisfaction that the act of the accused constituted grave misconduct or...

AP High Court Dismisses Plea Alleging “Double Taxation” On Sale Of Basmati Rice, Says Fees Collected By Agricultural Market Committee For Its Services Is Not Tax

The Andhra Pradesh High Court has dismissed a petition alleging that cess levied by State's Agricultural Market Committee on sale of 'Basmati rice' amounts to “double taxation”.One of the petitioners, a trader of Basmati rice, claimed that it sources the rice from Punjab where it already pays agricultural market committee tax and thus contended that if the State of Andhra Pradesh imposes...

Decision Of Cabinet Nominated By 'Their Leader' CM Siddaramaiah Not Unbiased: Karnataka HC Finds Governor's Independent Discretion Justified

Dismissing Chief Minister Siddaramaiah's plea against the Governor's sanction to prosecute him in the alleged MUDA "scam", the Karnataka High Court on Tuesday observed that the decision of the cabinet–nominated by the CM, with regard to consideration of sanction would not be unbiased "towards their leader". Thus, the court noted, in such "exceptional circumstances", the Governor Thaawar...

Will Not Demolish Litigants' Construction Around Durgam Cheruvu Lake Until Notification On Full Tank Level: State To Telangana High Court

While hearing a batch of pleas by certain persons seeking protection of "peaceful possession" of their properties located around Hyderabad's Durgam Cheruvu Lake, the state government told the Telangana High Court that until the lake protection committee notifies the full tank level, the properties in question will not be demolished. A division bench of Chief Justice Alok Aradhe and Justice...

Justice Suresh Kumar Kait Bids Farewell To Delhi High Court, Pays Homage To Dr. BR Ambedkar

Justice Suresh Kumar Kait bid farewell to the Delhi High Court on Tuesday, following his appointment as the Chief Justices of Madhya Pradesh High Court. His appointment was notified by the Union Government on September 21. Justice Kait was elevated as an additional judge of the Delhi High Court on September 05, 2008, and was made a permanent judge on April 12, 2013. He was transferred...

POCSO Act: Delhi High Court Issues Directions For Disbursal Of Compensation To Child Victims By DSLSA

The Delhi High Court on Tuesday issued directions for disbursal of compensation to the child victims of sexual abuse under the POCSO Act by the Delhi State Legal Services Authority (DSLSA). A division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal inserted a sixth part (Part F) in the existing SOP framed in the backdrop of Delhi Victim Compensation Scheme, 2018,...