Lawful Lessees Cannot Be Treated As Unauthorized Occupants Merely Because Roshni Act Was Struck Down: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has set aside a writ court order that had dismissed the petitions of two leaseholders on grounds of suppression of facts and abuse of process, directing the respondents to confer proprietary rights upon them under the Government Order of 1981.The Court held that the appellants, who were lawful lessees in continuous permissive possession under...

HP Govt Can Create Separate Sub-Cadre For CBSE Schools, Select Teachers Through Written Test & Counselling: High Court

The Himachal Pradesh High Court upheld the State Government's policy creating a separate sub-cadre of teachers for CBSE-affiliated government schools and mandating selection through written examination and counselling for in-service teachers.The Court noted that the policy ensures a fair, transparent, and merit-based mechanism of selection, and falls within the executive powers of the State...

Road Accident Victims Can't Be Left Remediless Due To Disputes Between Insurer And Insured: Gauhati High Court

The Gauhati High Court has reiterated that victims of road accidents should not be left without remedy merely because of disputes between the insured and the insurer, even while holding that the insurance company cannot be made liable where there was no valid policy covering the vehicle at the time of the accident.Justice Yarenjungla Longkumer, observed, “the fact that there was no...

Patna High Court Refuses Divorce On “Vague” Adultery Allegations; Says Evidence Beyond Pleadings Cannot Be Considered

The Patna High Court has upheld the dismissal of a husband's divorce plea founded on allegations of adultery, holding that vague and unsubstantiated accusations without particulars of time, place, or identity cannot sustain a decree of divorce. The Court further reiterated that evidence beyond pleadings cannot be relied upon to grant relief.A Division Bench of Justice Nani Tagia and Justice...

Telangana High Court Issues Mandatory Directions To Ensure Compliance Of Judicial Orders Stalled Due To Ineffective Communication

The Telangana High Court has held that contempt jurisdiction cannot be invoked merely because a charge sheet was filed despite a subsisting stay order, unless there is cogent material to show that the officer concerned had actual knowledge of the stay order and still willfully violated it.In doing so the court also issued a slew directions to ensure complaince of judicial orders impeded due...

Illegal Mining In Hazaribagh Amounts To Assault On Environment, Right To Clean Air Can't Be Sacrificed: Jharkhand HC

The Jharkhand High Court has held that illegal mining activities and operation of non-compliant stone crusher units in the Ichak region of Hazaribagh stand established, observing that authorities can no longer plead “institutional unpreparedness” to justify inaction against large-scale environmental degradation.A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar...

TET Qualification Must Exist On Date Of Initiation Of Promotion Process; Subsequent Clearance Cannot Be Applied Retrospectively: Bombay HC

The Bombay High Court has held that teachers seeking promotion must possess TET/CTET qualification on the date of initiation of the promotion process and that subsequent clearance of the examination cannot be applied retrospectively to claim inclusion in an ongoing promotion process. The Court observed that merely appearing for the TET/CTET examination during the pendency of the promotion...

Right To Property Under Article 300-A Cannot Be Defeated By Erroneous Revenue Entries: Bombay High Court

The Bombay High Court has held that the right to property under Article 300-A of the Constitution cannot be defeated on the basis of erroneous revenue entries made during the implementation of a consolidation scheme. The Court observed that where landholders were not issued notice as required under Section 15A of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act,...

Suspension Period Treated As Extra-Ordinary Leave Cannot Count Towards Pensionable Service For Convicted Govt Servant: Sikkim High Court

The Sikkim High Court has held that a government servant convicted in a criminal case was not entitled to pension after failing to complete the mandatory 10 years of qualifying service under the Sikkim Services (Pension) Rules, 1990. The Court observed that since the petitioner's suspension period had been validly treated as extra-ordinary leave, it could not be reckoned for qualifying...

'Seriously Disputed Questions Of Fact, Particularly Possession Claims, Cannot Be Adjudicated In Writ Jurisdiction': Patna HC

The Patna High Court has reiterated that writ jurisdiction under Article 226 is not meant for adjudication of seriously disputed questions of fact, particularly where rival claims regarding possession of land require detailed examination of evidence and factual determination.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal challenging...

Disclosure Statement Of Co-Accused Alone Insufficient To Deny Bail Under UAPA: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused charged under the Unlawful Activities (Prevention) Act, 1967, holding that where the only material against the appellant is in the form of a disclosure statement made by a co-accused, the appellant has successfully crossed the hurdle of Section 43-D(5) of the Act.The Court further observed that prolonged incarceration...

ASHA Workers Cannot Be Disqualified From Panchayat Posts Merely For Receiving Incentives: HP High Court Stays Govt Clarification

The Himachal Pradesh High Court stayed a State Government clarification that treated ASHA workers as part-time employees and consequently disqualified them from being elected as office bearers of Panchayats under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994.A Division Bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma remarked that: “a prima facie case is...