Merit-Cum-Seniority; Seniority Can't Be Applied Mechanically Not Evaluating Merit: Chhattisgarh HC

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that under the principle of merit-cum-seniority, the DPC must first make a comparative assessment of merit, and seniority can be used only as a tiebreaker, not as the sole basis for promotion. Background Facts The appellant was appointed as a Jail...

Telangana High Court Upholds Order Directing Inquiry Into 'Forged' Signatures On Vakalatnama

The Telangana High Court has upheld a single judge's order directing inquiry under Section 340 CrPC after finding a prima facie case that signatures of various flat-owners on the Vakalatnama filed in the writ petition–seeking demolition of alleged illegal construction, had been forged. Section 340 CrPC allows a Court to deal with offences affecting the administration of justice such as...

UAPA | Terror Funds Received Directly From Pak, Accused Not Automatically Entitled To Bail Due To Prolonged Custody: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prolonged custody of more than five years under the Unlawful Activities (Prevention) Act, 1967 does not automatically entitle an accused to bail when the prosecution has prima facie material demonstrating his direct involvement in raising and distributing terror funds, receiving money from Pakistan-based LeT handlers, and...

Phenothiazine & Promethazine Covered Under Drugs & Cosmetics Act, Not Narcotic Or Psychotropic Substance: Patna High Court Suspends Sentence

The Patna High Court suspended the sentence of three men convicted under the NDPS Act, after noting that the substances that were seized from them appeared to be Phenothiazine and Promethazine which did not come within the ambit of any narcotic drug and psychotropic substances. The three appellants had approached the high court seeking suspension of sentence of trial court order which...

J&K High Court Refuses To Entertain Mian Abdul Qayoom's Plea For Medical Exam, Cites SC's Supervision In Babar Qadri Murder Case

The Jammu & Kashmir and Ladakh High Court has dismissed an application filed by the wife of former High Court Bar Association, Kashmir (HCBA) President Mian Abdul Qayoom seeking directions for his medical examination, holding that parallel directions cannot be issued when the Supreme Court is already seized of the matter and has issued specific and comprehensive directions governing...

Appointments Under Inapplicable Statute Vitiated; Natural Justice Violation No Ground To Interfere With Termination: Allahabad High Court

The Allahabad High Court has held that appointments made under a statute which is inapplicable on the institution— are vitiated and orders of termination of such employees cannot be set aside merely on grounds of order being non-speaking.Observing that the appointments were not made under the statutory provisions applicable to the institution, Justice Manju Rani Chauhan held,“In...

'Dictatorial Orders Impeach Autonomy Of Fourth Estate': Allahabad HC On DM Halting Govt Ads To 'Amar Ujala' Newspaper

In a relief for 'Amar Ujala' Newspaper, the Allahabad High Court recently directed the District Magistrate, Sambhal, to take a 'pragmatic' view in the matter wherein the news daily alleged that they are not being given the government advertisements. It was Amar Ujala's case that the DM concerned passed an order based on a news piece about a Gurudwara dispute. Though a corrigendum...

NEET-PG: Rajasthan High Court Grants Interim Relief To Doctor On Maternity Leave, Stays Adverse Action Over Joining Deadline

The Rajasthan High Court granted interim relief to a doctor who was allotted college pursuant to her clearing NEET PG, and whose representation to the State seeking extension of joining date for the college, owing to her being in post-partum after child birth, was rejected.While granting two weeks' time to the State for filing reply, the bench of Justice Anuroop Singhi allowed the petitioner...

Bihar State Financial Corporation Can Fix Employee Pay Without State Approval: Jharkhand HC

A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that under the State Financial Corporations Act, 1951, a State Financial Corporation has power to determine its employees' pay and service conditions without needing prior approval from the State Government. Background Facts The employees were working with the Bihar...

'Acid Attacks Are A Class Apart': Allahabad High Court Refuses To Quash FIR; Slams UP Police Over Delayed Injury Reports

The Allahabad High Court has observed that in matters where acid is being used as a weapon of assault, they are a 'class apart' because of the nature of the weapon of offence Noting the need for a thorough investigation, a bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi dismissed a writ petition seeking to quash an FIR concerning a planned acid attack over a...

High Time Courts Distinguish Between 'Genuine' & 'Made Up' Cases Of Long Incarceration: Bombay High Court Denies Bail To MCOCA Accused

While noting the 'well designed' attempt on the part of an accused under Maharashtra Control of Organised Crime Act (MCOCA) 1999, to ensure the trial does not commence, the Bombay High Court recently emphasised on the need for the courts to distinguish between 'genuine' cases of 'long incarceration' and 'made up' cases, wherein the delay in a trial is attributable to an...

Wife Quitting Job For Marital Obligations Entitled To Support: MP High Court Upholds ₹40K Maintenance To Engineer Wife

The Madhya Pradesh High Court recently observed that a wife who discontinues her job due to marital obligations and compulsions is entitled to maintenance from her husband until she again obtains a job with sufficient income to maintain herself. A bench of Justice Gajendra Singh thus UPHELD a Family Court order directing the husband to pay Rs. 40K as maintenance to wife, holding a...