'Penal Liability Doesn't Pass On To Legal Heirs': J&K&L High Court Quashes Suspension Of Employee Over Father's Corruption Case

The Jammu & Kashmir and Ladakh High Court has held that the suspension of a government employee solely on the basis of criminal proceedings pending against his father is impermissible in law, as penal liability cannot be inherited by legal heirs.The Court was hearing a writ petition challenging an order suspending a Class-IV employee of the Jammu and Kashmir Legislative Assembly...

Indefinite Blacklisting Violates Articles 14 & 19(1)(g): Allahabad High Court Quashes Order Passed Without Considering Defence

Holding that an administrative order cannot be "excessively punitive nor devoid of reasoned legal justification", the Allahabad High Court recently quashed a blacklisting order passed by a District Basic Education Officer (BSA) against a service provider.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held “Debarment has been recognized as a method of disciplining...

Former Kerala High Court Judge Retd. Justice A Lekshmikutty Passes Away

Justice A. Lekshmikutty, former judge of the Kerala High Court, passed away on Monday (January 19).She was appointed as a district judge in the year 1987. She became a judge of the Kerala High Court in 2000 and retired in 2004.She has formerly served as a member of the Kerala State Human Rights Commission. She was also Chairperson of the Kerala State Fishermen Debt Relief Commission....

Authorised Govt Officer's Complaint Necessary To Prosecute Notary: Kerala High Court

The Kerala High Court recently clarified that as per Section 13(i) of the Notaries Act, a complaint by an officer authorized by the government concerned is necessary for taking cognizance of offence committed by a notary public exercising functions under the Act.Justice C. Pratheep Kumar, after referring to the provision and noting non-compliance, set aside all further proceedings against...

Karnataka High Court Issues Notice On Plea Seeking SOP For Access To Archival Court Recordings

The Karnataka High Court on Monday (January 19) issued notice on a petition seeking formulation of Guidelines/Standard Operating Procedure on grant or refusal of access to archival recordings of court proceedings. The plea has been moved by advocate Angad Kamath who had made an application in form III under the Karnataka Rules On Live Streaming and Recording of Court Proceedings 2021...

Punjab & Haryana High Court Dismisses Plea Against Aaj Tak, Anjana Om Kashyap Over Video Claiming Lord Valmiki Was A Dacoit

The Punjab and Haryana High Court has dismissed a Public Interest Litigation (PIL) seeking directions to Aaj Tak news channel and its journalist Anjana Om Kashyap to remove an allegedly derogatory video relating to Lord Maharishi Valmiki and to issue a public apology. The plea took exception to a broadcast in which it was allegedly stated that “Bhagwan Maharishi Valmiki Ji was earlier a...

Remedy Lies Before CAT: J&K&L High Court Rejects Over-Age SI Aspirants' Plea; Cites Rigours Of Administrative Tribunals Act

Delineating the limits of judicial review in recruitment matters, the Jammu and Kashmir and Ladakh High Court has dismissed two clubbed writ petitions seeking age relaxation for participation in a fresh recruitment process for the post of Sub-Inspector in the J&K Police. Justice Rahul Bharti held that the writ petitions were "fated to suffer an outright dismissal" as the petitioners...

Adina Mosque-Adinath Temple Dispute Lands In Calcutta High Court, Plea Claims Site Is 'Full Of Hindu Deities'

A PIL has been moved before the Calcutta High Court claiming that the Archaeological Survey of India has wrongly characterised Adinath Temple in State's Malda District as the Adina Mosque, despite the alleged presence of Hindu Deities at the site.The plea filed by Advocate Hari Shankar Jain seeks a direction on the ASI to revisit and determine the religious character of the protected...

Delhi High Court Rejects Kuldeep Singh Sengar's Plea For Suspension Of Sentence In Case Of Unnao Rape Victim Father's Death

The Delhi High Court on Monday rejected Kuldeep Singh Sengar's plea seeking suspension of his 10 years sentence in the custodial death case of Unnao rape victim's father. In April 2018, the family of the minor rape victim had travelled to Unnao for a court hearing when her father was brutally assaulted by the accused persons in broad daylight.The very next day, the police arrested the father...

Karnataka High Court Stays FEMA Proceedings Against Cafe Coffee Day CEO Malavika Hegde

The Karnataka High Court in an interim order on Monday (January 19) stayed proceedings initiated against CEO of popular coffee chain 'Cafe Coffee Day' Malavika Hegde subsequent to a 2022 complaint lodged under the Foreign Exchange Management Act. Appearing for Hegde, senior advocate Sajjan Poovaya argued that Cafe Coffee Day (CCD) was a company started, managed and controlled by the...

Material Alteration By Cheque Drawer To Defeat Payment Attracts S. 138 NI Act; 'Who Altered' Is A Triable Issue: J&K&L High Court

Emphasising that a material alteration in a cheque does not, by itself, absolve the accused of criminal liability, the Jammu and Kashmir and Ladakh High Court has held that the decisive factor under the Negotiable Instruments Act is not the mere presence of an alteration, but the identity of the person who made it.A bench of Justice Sanjay Dhar ruled that where an alteration is made by the...

Cash For Query Row: Lokpal Moves Delhi High Court Seeking More Time To Decide Sanction Against Mahua Moitra

The Lokpal of India has moved the Delhi High Court on Monday seeking more time to decide on granting sanction to the CBI, to file chargesheet against Trinamool Congress leader Mahua Moitra in relation to the cash for query row.For context, the High Court had last year set aside the Lokpal's order granting sanction to the CBI to file chargesheet against her.It had observed that Lokpal erred...