All High Courts
Can ED Conduct Search And Seizure Without Predicate Offence? Karnataka High Court To Decide
The Karnataka High Court on Thursday (January 29) directed ED's adjudicating authority not to close its search and seizure proceedings initiated against a partnership firm under scanner for betting and gambling, until the high court decides the firm's plea questioning the proceedings. The petitioner Puppy Tours and Travels LLP has sought to declare the search, seizure and freezing operations...
Railways Responsible For Goods Till Proper Delivery: Rajasthan High Court Upholds ₹10 Lakh Compensation For Damaged Consignment
The Rajasthan High Court has upheld the compensation of nearly Rs. 10 lakhs imposed on the Western Railway towards damaged consignment of fertilisers, opining that even after being unloaded at the destination, the consignment remained under the control and supervision of the Railways.While highlighting utmost carelessness and negligence on part of the Railways, the bench of Justice Anoop...
'Romantic' Messages To Student Ground To Terminate Probationary Teacher Without Enquiry: Bombay High Court
If a teacher on probation engages in constant messaging with a student after school hours, which could amount to harassment, then in such a situation, the school management can terminate the teacher's service invoking provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, without conducting any enquiry etc, the Bombay High Court held...
High Courts Flooded With Service Matters: Madhya Pradesh HC Suggests State To Create In-House Employee Dispute Resolution System
The Madhya Pradesh High Court, on Wednesday (January 28), suggested the State Government to set up a Dispute Resolution System to internally resolve the complaints of its employees.The bench of Justice Vinay Saraf observed that the High Courts are flooded with service matters which could be resolved at the initial stage itself.The bench observed;"I deemed it proper to suggest the State...
State Can't Unilaterally Deploy Temple Funds To Upgrade Temple Without Trustees' Approval: Madras High Court
The Madras High Court recently observed that the State cannot unilaterally declare projects using temple funds. The court added that the State has no role to envision projects for temples without consulting with the temple itself.The bench of Justice Anita Sumanth and Justice C Kumarappan thus set aside a Government Order issued by the State for carrying out civil works in Shri...
Can't Force Accused To Create Evidence, Draft Facts Memo U/S 91 CrPC: Delhi High Court Upholds Quashing Of CBI Notice To Ex-HC Judge
The Delhi High Court, has held unsustainable a notice issued by the Central Bureau of Investigation (CBI) under Section 91 CrPC, to a retired judge of the Chhattisgarh High Court, Justice Ishrat Masroor Qureshi, holding that such a notice could not be used to "compel the accused" to furnish information requiring disclosure of facts based on personal knowledge.The Court held that the...
Compassionate Appointment Meant For Immediate Succour, Not To Serve As Channel Of Public Employment After Decades: Chhattisgarh High Court
The Chhattisgarh High Court has refused to grant relief to an individual— who filed an application for compassionate appointment after an inordinate delay of 14 years after the death of his father, holding that the underlying objective of compassionate appointments is to provide immediate succour, and not serve as a delayed channel of public employment decades after the death of the...
'Malikhana' Distinct From 'Privy Purse': Kerala High Court Rejects Challenge To Zamorin Raja's Allowance; Cites Article 363 Bar
The Kerala High Court has dismissed a writ petition challenging the grant of Malikhana allowance to a member of the Zamorin royal family, holding that disputes relating to rights arising from pre-Constitution covenants are barred from judicial scrutiny under Article 363 of the Constitution Of India.A Division Bench comprising Justice Raja Vijayaraghavan V and Justice KV Jayakumar further...
Delhi High Court Sets Aside Order Dismissing Bail Plea As “Too Voluminous”, Says Liberty Can't Depend On Bulk Of Pleadings
The Delhi High Court on Friday set aside an order passed by a trial court dismissing a bail application solely on the ground that it was “too voluminous and bulky.”Justice Swarana Kanta Sharma said that judicial discipline requires that matters be decided on substance rather than rejected on form, and that liberty of an accused cannot be made to hinge upon the perceived 'bulk' of the...
Decree Holder Can't Defeat Compromise Or Trigger Execution By Refusing To Accept Judgment Debtor's Cheque: MP High Court
The Madhya Pradesh High Court has held that a decree holder cannot frustrate the terms of a compromise decree or trigger execution proceedings by deliberately refusing to accept or encash a cheque tendered by the judgment debtor in lawful satisfaction of the decree. The bench of Justice Alok Awasthi held that where a compromise decree does not prescribe any specific mode of payment, interest...
Bar Association Not 'Employer', Can't Constitute Internal Complaints Committee As Per POSH Act: Kerala High Court
The Kerala High Court recently held that the constitution of an Internal Complaints Committee (ICC) by the Kollam Bar Association was against the objective and requirement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act].Justice P.M. Manoj reasoned that a bar association is not an 'employer' within the meaning of the Act and...