All High Courts
Kerala High Court Questions Catholic Congress' Locus To Appeal Against Haal Movie, Verdict Reserved
The Kerala High Court on Thursday (November 27) reserved its verdict in an appeal preferred by the Catholic Congress against a Single Judge's direction to CBFC to reconsider A-certification granted to 'Haal' film, without deleting some scenes depicting the Bishop.The Christian outfit argues that the film depicts the Bishop of Thamarassery as a supporter of inter-faith marriages, when his...
Trials Are Quest For Truth, Filing False Documents Is Fraud On Court: Rajasthan High Court Upholds Enquiry Into Sale Deed
Observing that every trial is meant to discover the truth and filing false documents amounts to fraud on the court, the Rajasthan High Court upheld an order directing enquiry into the genuineness of an allegedly forged sale deed.The court at the outset noted, “Truth is the foundation of justice…The entire judicial system has been created only to discover and establish the real...
“Rights Are Meaningful Only When Citizens Know How To Exercise Them”: Mizoram Governor In Constitution Day Programme At Gauhati High Court
“Rights are meaningful only when citizens know how to exercise them. Duties are effective only when people are aware of their importance,” Mizoram Governor General (Dr) Vijay Kumar Singh (Retd) said on Wednesday (November 26) during the Constitution Day programme at the Aizawl bench of Gauhati High Court.As per the press release by the Mizoram Raj Bhavan, speaking at the gathering,...
Recruitment Advertised For Tribal Areas Creates Legitimate Expectation; State Can't Post Candidate Elsewhere Sans Reasons: Rajasthan High Court
The Rajasthan High Court has held that the State cannot extend an attractive promise at the stage of recruitment and later altogether depart from it without any rational justification.The bench of Justice Farjand Ali held that a legitimate expectation could undoubtedly arise in the candidates' mind at the time of entering service that their posting would be in or around the regions for which...
Promotion After Retirement Can't Extend Service, But Notional Monetary Benefits Allowed Till Superannuation: Gauhati High Court
The Gauhati High Court has held that extension of service on the basis of a promotion recommended after superannuation is not permissible in law and that such recommendation cannot be given effect to once the employee has already retired. A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, said, “Thus, giving the appellant an extension of his service...
Standard Of Family's Indigence For Compassionate Appointment Can't Be Interpreted As 'Beggary': Rajasthan High Court
The Rajasthan High Court has held that the technical definition of “indigent” under Order XXXIII, Rule 1 of CPC, could not be transposed mechanically into the domain of compassionate appointment as that would reduce the scheme illusory,by imposing a threshold that no eligible family could practically meet.“Indigent Person” under CPC meant that a person who did not possess sufficient...
'If True, A Shocking Testimony Of Society': Allahabad High Court Flags 51-Yr Delay In Allotting Land Due To 1971 War Martyr's Widow
The Allahabad High Court on Wednesday expressed strong concern over the plight of a widow of a 1971 war martyr who moved the HC claiming that she had been allotted only 2.5 bighas of land against her entitlement of 5 bighas and has been struggling since 1974 to receive what is due to her. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta remarked that if the claims...
Differently Abled Child Entitled To Care Of Both Parents: Gauhati High Court Orders Reconsideration Of Army Major's Joint Posting Request
In a matter where an Indian Army officer sought reconsideration of his transfer on account of his minor son having autism, the Gauhati High Court held that a differently abled child is entitled, as a matter of legal right, to have caregiving parents near him, and directed the authorities to reconsider the request for joint posting of the parents.The ruling was delivered by Justice Kardak Ete,...
Kerala High Court Directs Calicut University To Convene Senate Within 30 Days To Replace Recused Member In VC Search Committee
The Kerala High Court on Wednesday (November 26) directed the University of Calicut to convene a Senate meeting within 30 days to find a replacement for Prof. Sabu A., who has expressed his unwillingness to be a member of the Search-Cum-Selection committee that has the duty to select a vice-chancellor for the varsity.Justice V.G. Arun was considering the State's plea that had challenged...
Compelling Wife To Undergo Trial For Inevitable Acquittal Is 'Instrument Of Harassment': Allahabad High Court Quashes POCSO Case Against Husband
The Allahabad High Court recently quashed criminal proceedings under the POCSO Act against a man who married the alleged victim, who also favoured quashing. as it observed that forcing a happily married couple to face trial merely to record a hostile testimony would be an "irony of fate" and an "instrument of harassment”. A bench of Justice Kshitij Shailendra thus allowed the plea...
Adverse Police Report Calling Applicant 'Foreigner' Can't Override Statutory Citizenship By Birth, Passport Must Be Issued: Madras High Court
The Madras High Court recently observed that an adverse police report could not override the statutory right conferred under the Citizenship Act, when a person's citizenship by birth is proved by way of genuine documents. Justice PT Asha thus came to the rescue of a man, born to Sri Lankan parents, whose passport application was rejected by the authorities. The court noted that the...
BNSS | Police Report In Non-Cognizable Offence Is Deemed A 'Complaint'; Accused Must Be Heard Before Summons In Such Cases : Allahabad HC
The Allahabad High Court has recently observed that a police report (charge-sheet) filed for a non-cognizable offence must be treated as a 'complaint' by the Magistrate and not as a police case/state case. This is in conformity with the Explanation to Section 2(1)(h) of the Bharatiya Nagarik Surksha Sanhita, 2023 (BNSS). The Court further noted that in such cases, a Judicial...