All High Courts
Allahabad High Court Raises Concern Over Male Gym Trainers Imparting Coaching To Female Clients Sans Safeguards
The Allahabad High Court recently raised 'serious' concerns over male gym trainers imparting training to female clients without adequate safeguards to ensure their safety and dignity. A bench of Justice Shekhar Kumar Yadav was hearing an appeal filed by a gym trainer who has been accused of using a caste-based slur against a woman client, pushing her and hurling...
22 Yrs On, Patna High Court Overturns Attempt To Murder Conviction In House Trespass Case Citing 'Shaky' Evidence
The Patna High Court has overturned the conviction of a man, who was handed down a seven-year sentence by the Trial Court for attempt to murder relating to a 2003 house trespass incident.The Court was dealing with an appeal filed against a 2023 conviction and order of sentence passed by the Trial Court whereby the appellant was convicted under Sections 324 (voluntarily causing hurt by...
Continuing Wrong By State Creating Continuous Injury : Calcutta HC Upholds Condonation Of Service Deficiency & Grants Pension
A Division bench of the Calcutta High Court comprising Reetobroto Kumar Mitra, J. and Tapabrata Chakraborty, J. held that in case of the continuing wrong creating a continuous source of injury due to delay on part of the State, the grant of pension upon condonation of deficiency in service is allowed. Background Facts The respondent's name was sponsored by the Employment Exchange...
Calcutta High Court Orders Demolition Of Tower At Elita Garden Vista Apartment Complex Over Fraudulently Obtained Sanction
The Calcutta High Court has directed the demolition of an additional tower constructed at the city's Elita Garden Vista housing complex, which had been constructed without the consent of the flat owners in the 15 towers, erected per the original sanction plan.Justices Rajasekhar Mantha and Ajay Kumar Gupta held:"There is no alternative to demolition when an additional structure is...
Not Providing Separate Findings On Every Issue Framed For Trial Violates Statutory Provisions Under CPC: Rajasthan High Court
The Rajasthan High Court has set aside a Trial Court order wherein despite framing issues in the matter, no categorical issue-wise findings were recorded, and the judgment was given by recording a consolidated finding.While underscoring the significance of the steps of framing of issues and terming the matter as “quite shocking and surprising”, the bench of Justice Anoop Kumar Dhand...
'Disputed' Water Bodies Are To Be Identified By Experts, Mere Revenue Record Entries Not Enough For Verification: Rajasthan High Court
The Rajasthan High Court held that identification and protection of disputed water bodies required technical expert evaluation underscoring that mere revenue record entries were insufficient wherein ground realities are to be verified by the competent expert authority.Justice Anoop Kumar Dhand was hearing a matter wherein petitioner's right of way to his allotted mining area was rejected by...
Calcutta HC Grants Anticipatory Bail To Wife Accused Of Abetting Estranged Husband's Suicide After Not Returning To Matrimonial Home
The Calcutta High Court has granted anticipatory bail to a woman who was accused of abetting the suicide of her estranged husband, by her mother-in-law, after the husband hung himself over the wife's refusal to return to the matrimonial home.In granting the plea, Justice Jay Sengupta held: "It will for the Courts to finally decide whether there is any element of abetment of suicide in this case....
Gujarat High Court Advocates' Association Resolves To Resume Work From September 1
Gujarat High Court Advocates' Association has resolved to resume work from Monday–September 1, after its 6-member delegation met with Chief Justice of India BR Gavai and Justice Suryakant regarding the Supreme Court collegium's recommendation to transfer Justice Sandeep N Bhatt to Madhya Pradesh High Court. Earlier this week, the GHCAA had unanimously resolved that the members of the bar...
Liquor Shop Allotment In Densely Populated Market Prima Facie Violates Articles 21 & 47 Of Constitution: Rajasthan High Court
The Rajasthan High Court has said that allotment of liquor shops in densely populated market was "prima facie" against Articles 21 and 47 of the Constitution, and directed the State to furnish an explanation with respect to such allotment and submit its Temperance Policy.The high court was hearing a petition by a holder of a liquor shop license challenging State's order directing her to...
Jharkhand High Court Directs State's Home Secretary To File 'Personal Affidavit' On Number Of Custodial Deaths From 2018 Onwards
the Jharkhand High Court has directed the Secretary, Department of Home, Prison and Disaster Management, to file his personal affidavit regarding the number of cases of custodial deaths and whether the factum of death was brought to the notice of the concerned Magistrates for initiation of enquiry.Hearing a PIL seeking inquiry into the cases of custodial deaths from 2018, a division bench of...
Suspension Period Spent In Gainful Private Practice To Be Treated As Leave; Employee Not Entitled To Salary : J&K HC
A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that suspension period during which the employee gainfully engaged in private practice should be treated as leave, and employee is not eligible for salary during such period. Background Facts The respondent was serving as a B-Grade Specialist in Surgery at...
Rajasthan High Court Cancels 2021 SI Recruitment For Irregularities; Takes Suo-Motu Notice Of Systemic Malpractices In RPSC
The Rajasthan High Court cancelled the 2021 recruitment undertaken by the Rajasthan Public Service Commission (RPSC) of candidates to the post of Sub-Inspectors, in the background of revelation of systemic irregularities–paper leak, cheating during examination, use of dummy candidates–in the conduct of the entire process.The court said that such recruitment process ought to be canceled...