Notification For Recruitment Can Only Be For Actual And Anticipated Vacancies, Not Future Vacancy: Kerala High Court

The Kerala High Court has held that a public authority, while calling for recruitment can only notify vacancies that are existing or anticipated, but not for future vacancies. The Court also added that an authority can resort to recruiting beyond the notified vacancies only in rare and emergent situations.The decision was pronounced by a Full Bench of Kerala High Court consisting of...

Kerala High Court Grants Anticipatory Bail To Film Director VK Prakash In Sexual Harassment Case But Permits Police To Interrogate Him

The Kerala High Court today granted anticipatory bail to Film Director VK Prakash in connection with sexual abuse allegations made against him after the publication of the Justice Hema Committee Report.Prakash is apprehending arrest under Section 354 (outraging modesty) and 354 A (sexual harassment and punishment for sexual harassment) of IPC. Justice C S Dias allowed the bail application...

Karnataka HC Declines To Quash POCSO Case Against Teacher Who Allegedly Took Pictures/Videos Of Minor Girls While They Were Changing Clothes

The Karnataka High Court has refused to quash prosecution initiated against a drawing teacher of a private school, accused of recording videos and clicking photographs of minor girl students in the residential school when they were changing their dresses.A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Muniyappa who is charged under Section 12 of the Protection...

Arbitration Clause In Original Lease Deed Incorporated Into Deed Of Assignment When Deeds Are Interconnected And Consistent: Calcutta High Court

The Calcutta High Court bench of Justice Ravi Krishan Kapur has held that if a deed of assignment is properly interpreted as being interconnected and related to the original lease deed containing an arbitration clause, then the parties intended for the arbitration clause to be included in the deed of assignment. The bench held that interrelationship was not merely superficial...

LS Polls 2024 | JKP Leader Moves Allahabad HC Challenging Rejection Of His Nomination Form To Contest Against PM Modi In Varanasi

A Janhit Kisan Party (JKP) leader who intended to contest the Lok Sabha elections 2024 from Varanasi against Prime Minister Narendra Modi has moved the Allahabad High Court to challenge the returning officer's rejection of his nomination form. JKP Leader Vijay Nandan, who hails from Madhya Pradesh's Seoni District, has moved the High Court claiming that the District Election...

Estimation Report By DVO Alone Can't Form Basis For Reopening Completed Assessment: Delhi High Court

The Delhi High Court held that the sole ground for re-opening of assessment u/s 148 by AO being the report/estimate of the Valuation Officer is unsustainable. Proximity of the reasons with the belief of escapement of income is the determinative factor for re-opening of the assessment, as absence of reasons would obviate the possibility of a belief and would bring the case in the realm...

Elderly Prisoners Require Support To Manage Even Menial Tasks, Very Few States Provide Facilities For Them: Punjab & Haryana High Court

The Punjab and Haryana High Court has recently observed that Prison Statistics India 2020, compiled by the National Crime Records Bureau, reveals that very few States provide special treatment or facilities for old age prisoners.These observations were made while granting bail to a 76-year-old man accused in an NDPS case.Justice Anoop Chitkara said that apart from the ground that there is...

[Compassionate Appointment] Lawmakers Defined 'Family' To Include Specific Relatives Of Employee, Daughter-In-Law Not One Of Them: Karnataka HC

The Karnataka High Court has dismissed a petition filed by a daughter-in-law, claiming compassionate appointment in the state's rural drinking water and sanitation department.A division bench of Justice Krishna S Dixit and Justice Vijaykumar A Patil dismissed the plea filed by Priyanka Halamani, who had challenged the order of the Karnataka State Administrative Tribunal, which had rejected...

The Arbitral Tribunal May Implead A Non-Signatory To The Arbitral Proceedings: Delhi High Court

The Delhi High Court bench of Justice C. Harishankar, while deciding an appeal under Section 37(2)(b) has held in the affirmative whether the arbitral tribunal may implead a non-signatory to the arbitration agreement in the proceedings. Following the ratio in Cox and Kings Ltd v. Sap India Pvt Ltd (Cox and Kings II), it observed that whether a non-signatory is bound by...

Exception To Rule Of Availing Alternative Remedy Arises When Impugned Order Bereft Of Reasons, Incapable Of Being Appealed Against: Telangana HC

The Telangana High Court has reiterated that under peculiar circumstances when no reasons are provided in an order, relegating a litigant to the remedy of appeal would not be effective as no grounds have been furnished.“Ordinarily, we would have relegated the petitioner to avail of the alternative remedy. However, in the peculiar facts and circumstances of the case, the remedy of appeal is...

High Ethical Standard Expected From Medical Practitioner Running De-Addiction Centre: Punjab & Haryana HC Rejects Bail Under NDPS Act

The Punjab and Haryana High Court has refused to grant bail to a medical practitioner accused of illicit distribution of narcotic substances under the guise of running a De-addiction Centre, which itself was allegedly operating without any valid licence.Justice Manjari Nehru Kaul said,"...general public reposes immense trust in the medical profession, particularly when seeking treatment....

Non-Compliance With Share Purchase Agreement; Arbitrability Of Dispute Must Be Decided By Arbitral Tribunal, Not By Court: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that argument claiming the dispute is non-arbitrable due to non-compliance with the Share Purchase Agreement cannot be addressed by the court under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that such aspects need to be addressed by the arbitral tribunal. Brief Facts: The...