Rehabilitation Under Statutory Scheme Not Punitive: Uttarakhand HC Upholds Eviction Notices To Rispana Riverbed Basti Residents

The Uttarakhand High Court has held that action taken by authorities to relocate residents of a Basti situated along the Rispana riverbed in Dehradun, in furtherance of the Uttarakhand Special Provisions for Urban Local Bodies and Authorities Act, 2018, cannot be termed illegal or punitive. The Court observed that where residents are being shifted to alternative accommodation under the...

S. 482 CrPC | Successive Quashing Petitions Not Maintainable On Grounds Available Earlier But Abandoned: Allahabad High Court

The Allahabad High Court today dismissed a 'third' quashing petition filed by an accused relating to the same criminal proceedings, raising a ground that was available earlier but not taken up.A bench of Justice Samit Gopal effectively ruled that successive quashing petitions u/s 482 CrPC seeking to quash criminal proceedings on grounds that were previously available are...

Allahabad High Court Upholds Retrospective Application Of Payment Of Bonus Amendment Act, 2015

The Allahabad High Court has upheld the validity of retrospective applicability of Payment of Bonus (Amendment) Act, 2015 on grounds that no new rights of the employees were being created by the amendment and it was not impairing any existing rights of the employers. The Amendment Act raises the eligibility of 'employee' under the Act from those who earned maximum of Rs. 10,000/- per month...

Bail Cannot Be Denied Under UAPA On Uncorroborated Approver Testimony & Telephonic Links: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that bail under the Unlawful Activities (Prevention) Act cannot be refused where the prosecution relies primarily on approver statements and uncorroborated telephonic contacts, in the absence of recovery or material establishing prima facie involvement.The Court was hearing an appeal under Section 21 of the NIA Act challenging the order...

Allahabad High Court Upholds 1999 Quadruple Murder Conviction Based On Minor Sons' Testimony Against Mother, Her 'Lover'

The Allahabad High Court on Tuesday upheld the conviction and life imprisonment sentence awarded to a man who had committed a brutal quadruple murder in 1999 along with her alleged lover (co-accused, now deceased). A bench of Justice Rajnish Kumar and Justice Zafeer Ahmad relied heavily on the 'natural' and 'consistent' testimony of 2 minor children who witnessed the crime and...

Recruitment | Challenge To Marks Barred By Constructive Res Judicata Where Party Accepts Remand On Limited Issue: Gauhati High Court

The Gauhati High Court held that where the issue of award of marks in a recruitment process had already been raised in an earlier writ proceeding but the party had settled for remand to the executive authority on a limited issue, the subsequent challenge to the marks would be barred by constructive res judicata. Chief Justice Ashutosh Kumar, presiding over the case, observed,...

Congress Leader Pawan Khera Moves Telangana High Court Seeking Anticipatory Bail In FIR By Assam CM's Wife Over Passport Row

Congress leader Pawan Khera has moved the Telangana High Court seeking anticipatory bail in an FIR filed by Assam CM Himanta Biswa Sarma's wife amid allegations related to her holding multiple passports. The matter is listed tomorrow (April 9) before Justice K Sujana. The FIR has been registered under Sections 175(false statement in connection with an election), 35, 36, 318 (Cheating),...

Bombay High Court Restrains Filmmaker Santosh Kumar From Making Defamatory Comments Against Aditya Dhar Over 'Dhurandhar' Script

In a temporary respite for Aditya Dhar, director of the recently released Bollywood film Dhurandhar, the Bombay High Court on Wednesday restrained filmmaker Santosh Kumar from making any comments regarding the film, which could be defamatory. Single-judge Justice Arif Doctor heard the brief submissions of senior advocate Dr Birendra Saraf who represented Dhar and urged the court to pass at...

Assam College Employees Act | Family Pension Available To Employees Retired/Deceased Before 2005, Subject To CPF Refund: Gauhati HC

The Gauhati High Court has held that pension and family pension under the Assam College Employees (Provincialisation) Act, 2005 extend to employees who had retired or died prior to its commencement, and that denying such benefit on the ground of “retrospective” applicability is “an absurd proposition.”Justice Rajesh Mazumdar, presiding over the case, observed, “There is no quarrel...

Merely Being Director Or MD Does Not Attract Liability Under Drug And Cosmetics Act Without Specific Allegations: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that merely being a Managing Director or Director of a company does not make a person liable for prosecution under the Drug and Cosmetics Act, 1940, in the absence of specific allegations ascribing a role in the commission of the offence. The Court clarified that the presumption under Section 34 of the Act arises only against the...

Kerala High Court Appoints Retd Justice VG Arun As Chairman Of High Power Committee For Implementing Sabarimala Master Plan

The Kerala High Court on Tuesday (April 7) appointed retired Justice V.G. Arun as the Chairman of the High Power Committee for implementation of the Sabarimala Master Plan.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar noted that since the previous Chairman, Retd. Justice S. Siri Jagan, had passed away earlier this year, it was necessary to appointment a...

Baseless Allegations Of Wife's Prior Marriage No Bar To Relief Under DV Act; Wife Entitled To Maintenance: HP High Court

The Himachal Pradesh High Court held that mere allegations of a subsisting prior marriage, in the absence of any legally valid proof, cannot disentitle a woman from seeking relief under the Protection of Women from Domestic Violence Act, 2005. Justice Sandeep Sharma remarked that: “Once marriage inter-se petitioner and respondent No.1 is admitted and no legal/valid document with regard...