Kerala High Court Refuses To Stay Common Software Tender For Agricultural Credit Societies, But Seeks Bid Details Before Contract

The Kerala High Court has refused to stay the tender process initiated by the State government in a move to have a centralised Uniform Common Software for all Primary Agricultural Credit Societies (PACS).Justice Gopinath P. was considering a plea preferred by the Managing Committee of PACS, namely Kallettumkara Service Co-Operative Bank Ltd., registered under the Kerala Cooperative...

Treating Ad-Hoc Teachers As “Disposable Resources” Undermines Dignity Of Labour & Academic Excellence: AP High Court

The Andhra Pradesh High Court has observed that frequent engagement and disengagement of Assistant Professors (APs) on adhoc basis disrupts academic planning and directly impairs the quality of education imparted to students, who are the ultimate stakeholders in the educational process.While dealing with a case where the petitioner— an Assistant Professor with over a decade of...

Right To Choose Partner Is Constitutional Right; UP Anti-Conversion Law Doesn't Bar Interfaith Relationships: Allahabad High Court

While dealing with a bunch of petitions relating to interfaith couples in live-in relationships, the Allahabad High Court has held that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 does not prohibit inter-religion relationships, be it interfaith live-in relationships or interfaith marriage. Holding that right to choose a partner and right to live with dignity...

Disciplinary Proceedings For Obtaining B.Ed Without Permission, Employee Can't Be Given Promotional Post : Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that obtaining a degree without prior permission amounts to misconduct in violation of statutory conduct rules. Further, during the pendency of disciplinary proceedings, an employee cannot be given an in-charge promotional post, though the degree itself...

Disqualification Clauses Must Be Strictly Construed, Cannot Be Expanded Beyond Advertisement: Patna HC Upholds Grant Of IOCL Dealership

The Patna High Court has held that mere pendency of a criminal case, at a stage where charges had not been framed, does not ipso facto render a candidate ineligible for allotment of a petroleum dealership unless the governing advertisement expressly stipulates such disqualification. The Court further held that the advertisement is the governing instrument of the selection process and cannot...

Rationalists Who Mock People For Treating Gurus As Gods Are The Real Fools & Barbarians : Justice GR Swaminathan

Justice GR Swaminathan of Madras High Court recently remarked that rationalists who call people fools, incompetent and barbarians for treating Guru as equal to god, are the real fools, incompetent and barbarians."In Tamil Nadu, there are certain rationalists, who call us unworthy(Ayogya), fools (muttal) and barbarians (kaattumurandi) for treating Gurus as Gods. But I am saying, those who...

'Party Cannot Be Denied Examination Of Witness Merely On Account Of Witness Being Unwell': Bombay High Court

The Bombay High Court has held that a party cannot be denied examination of a witness merely on account of the witness being unwell, observing that such a direction is untenable in law and contrary to the principles of the Evidence Act. The Court observed that if a witness is competent and possesses relevant knowledge of the facts in issue, health concerns may justify adjournment, but...

'Each Day's Delay Will Add To Agony': Gujarat High Court Permits Termination Of 15-Week Pregnancy Of Minor Rape Survivor

The Gujarat High Court directed medical termination of a minor rape survivor's 15-week pregnancy observing that "each day's delay will add" to her "agony". Justice M.R. Mengdey observed: "Considering the fact that each day's delay will add to the victim's agony, the following directions are issued :(i) The victim is permitted to get the pregnancy terminated at the Zydus Medical College...

'Violates Article 21': Karnataka High Court Orders Release Of Theft Accused Jailed For 3 Years Despite Bail For Want Of Surety

The Karnataka High Court on Monday (February 23) ordered the release of a man accused of theft, who despite being granted bail was languishing in jail as he could not furnish the surety as directed by the trial court. On Saturday, the court had questioned the prison authority for not producing him before the concerned court even once while being in judicial custody for four years, after...

Dacoity Charge Fails After One Of Five Accused Acquitted, Gujarat High Court Sustains Robbery Conviction

The Gujarat High Court set aside dacoity conviction after charge against one of the five co-accused was not proved and hence the offence, which requires a minimum of five persons, could not be proved by the prosecution. Partly allowing the appeals, the Division Bench comprising Justice Ilesh J. Vora and Justice R. T. Vachhani observed:"The Trial Court convicted the accused under Section 395...

Police Officer Can't Be Prosecuted For Corruption Without Proof Of Demand Or Acceptance Of Bribe: Karnataka High Court Reaffirms

The Karnataka High Court has reiterated that both demand and acceptance of bribe by a public servant to perform a public duty are a pre-requisite to invoke offence under Section 7 of Prevention of Corruption Act. In doing so the court quashed an FIR registered against a police Sub-Inspector for allegedly demanding Rs. 1 Lakh from the complainant to close a case registered against the...

Bombay High Court Quashes ED Complaint Against Advocate In Anil Deshmukh Case, Finds No Proceeds Of Crime

The Bombay High Court today quashed the Enforcement Directorate (ED) case against Kishore Dewani, an Advocate by profession and an alleged close aide of former State Home Minister Anil Deshmukh, who is booked in a multi-crore money laundering case. Single-judge Justice Ashwin Bhobe quashed the process and also the ED case against Dewani, who allegedly helped Deshmukh and his family to launder...