WB Poll: Calcutta High Court Declines To Interfere In Nomination Dispute Mid-Polls, Says Remedy Lies In Election Petition

The Calcutta High Court has refused to interfere with the acceptance of a candidate's nomination during the ongoing election process, holding that such disputes must be agitated through an election petition after the polls. Disposing of a writ petition filed by an independent candidate from the 117–Rajarhat Gopalpur Assembly Constituency, Justice Krishna Rao observed that “if any order...

Appeal Remedy No Bar To Writ Jurisdiction Where Penalty 'Disproportionate' To Charges: Kerala High Court

The Kerala High Court, in a recent ruling, clarified that writ jurisdiction under Article 226 of the Constitution of India can be invoked to challenge orders that imposed penalty 'disproportionate' to charges even if appeal remedy available.Justice Harisankar V. Menon was considering a plea preferred by the former Head of the Department (Department of Engineering and Maintenance) of...

Internet Is Boundless, Judges Must Be Equipped With Knowledge To Handle Evolving Cyber-Crime Landscape: Justice Moushumi Bhattacharya

Internet has boundless borders and judges must be equipped with the knowledge to handle the evolving landscape of cyber crime threats, including digital arrests, hackling, ransomware threats, said Telangana High Court judge Justice Moushumi Bhattacharya on Saturday (May 2)Justice Bhattacharya was speaking at a session which was a part of Sikkim High Court's 'National Conclave on Technology...

J&K CSR | Borrowing Organization Must Pay Leave Salary To Deputationist & Seek Reimbursement From Parent Department: High Court

The Jammu & Kashmir and Ladakh High Court has held that in cases of deputation to a corporation, company or autonomous body, the borrowing organization is obligated to calculate and release the leave salary due to the employee and may thereafter seek reimbursement from the parent organization.The Court was hearing a writ petition filed by an employee whose gratuity and leave encashment...

Govt Can't 'Pick & Choose' Judgments To Challenge After Years; Settled Legal Position Must Remain Undisturbed: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Government cannot selectively choose which judgments to accept and which to challenge after a prolonged period, reiterating that once a legal position has attained finality and held the field for years, it must remain undisturbed in the interest of judicial discipline and certainty.The Court was hearing an intra-court appeal...

MP High Court Denies Bail In Pangolin Trafficking Case, Flags International Poaching Network

The Madhya Pradesh High Court has dismissed a bail application of a woman accused of being member of an international gang of poachers and traffickers of wild animals like Pangolin. The bench of Justice Ramkumar Choubey directed; "Indeed, the matter involves international gang of poachers and traffickers of wild life animals like Pangolin. The record suggests prima facie involvement of...

S.125 CrPC | Objective Of Provision Defeated As Exploitation Of Women Continues Due To Legal Loopholes: Rajasthan High Court

The Rajasthan High Court, while rejecting a maintenance application under Section 125 CrPC, filed by a woman whose marriage was void due to the subsistence of her and her husband's earlier marriage, described the situation as “unfortunate” and expressed sympathy for the petitioner.The bench of Justice Anoop Kumar Dhand highlighted the legal loopholes that defeated the objective of...

Drying Rubber Sheets In Smoke House Not 'Manufacture', No Panchayat Licence Needed: Kerala High Court

The Kerala High Court, in a recent decision, held that mere drying of latex sheet in a smoke house does not amount to 'manufacture' and therefore, the same does not require licence from the panchayat.Justice P.M. Manoj observed that since there is no new or different commodity coming out during smoking of latex sheets, the same would not be 'manufacture' and licence is not required. Moreover,...

Madras High Court Asks TN Govt To Include Life Of Dr. Ambedkar In School Curriculum

The Madras High Court has directed the Tamil Nadu government to take necessary policy decisions to include lessons in the Social Science curriculum, including the life and contribution of Dr BR Ambedkar and the role played by him in the freedom movement and democratic nation-building. Justice Victoria Gowri emphasised that the school system should not just teach the Constitution as...

Kerala High Court Questions Circular Mandating Local Body Approval For Introducing Co-Education In Single Gender Schools

The Kerala High Court recently questioned a government circular that mandates approval of local-self body for introducing co-education scheme in single gender schools since it prescribes no procedure that has to be followed by the body.Justice K.V. Jayakumar was considering a writ petition filed by Muslim Girls' Higher Secondary School, Erattupetta challenging a government circular that...

MP High Court Directs State To Publicise Free Hearse Van Helpline For Dignified Transport Of Deceased

The Madhya Pradesh High Court has directed the State Government to ensure wider publicity of its free hearse van service, MP Mukti Vahan Yojna, while disposing of a public interest litigation. The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf disposed of the petition after noting that the State had already established a toll-free helpline number. The bench...

Testimony Of Differently-Abled Rape Survivor Cannot Be Discarded For Inability To Name Accused: Sikkim High Court

The Sikkim High Court has held that the testimony of a differently-abled victim in a sexual offence case cannot be discarded merely due to her inability to clearly communicate or identify the accused, stressing that courts must focus on the substance of what is conveyed rather than the manner of expression. The Court observed that failure of a victim with intellectual disability to...