All High Courts
'Exploitative': Tripura High Court Holds State's Fixed-Pay Policy For Teachers Appointed To Regular Post As Unconstitutional
The Tripura High Court has held that the State Government's policy of appointing teachers against sanctioned permanent posts on a fixed-pay basis for five years is arbitrary, unconstitutional, and violative of Articles 14 and 16 of the Constitution. The Court ruled that once appointments are made through a regular selection process to permanent posts, denial of regular pay amounts...
Advocate's Office In Residential Building Not 'Commercial Activity': MP High Court
The Madhya Pradesh High Court on Tuesday (January 13) held that the office of an advocate located in a residential building cannot be treated as a commercial activity.The bench of Justice GS Ahluwalia observed; "As already pointed out, the suit room is not situated in any commercial building but is situated in a residential building, and therefore, by no stretch of imagination, it can be...
Petrol Pump Licence Automatically Stands Cancelled On Expiry Of Lease, No Hearing Required: Kerala High Court
The Kerala High Court recently clarified that as per the Petroleum Rules, 2002, when the licensee of a petroleum outlet loses the right to the site for storing petroleum due to expiry of lease period, the license gets automatically cancelled without any need for a formal order.Justice M.A. Abdul Hakhim observed that in such cases, license can be cancelled without granting an opportunity...
Frame Rules To Ensure Execution Of Delhi School Tribunal Orders: High Court To Delhi Govt
The Delhi High Court on Wednesday asked the Delhi Government to take steps and frame appropriate Rules to ensure that the Delhi School Tribunal is vested with appropriate legal authority to get its orders executed. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that in case any such proposal is made or amendment is suggested, the Central Government...
'Delhi Govt Can't Shirk Responsibility': High Court Orders Emergency Shelter Measures For Homeless Sleeping Outside Hospitals In Winter Cold
The Delhi High Court on Wednesday said that the Delhi Government or its agencies cannot shirk away from their responsibility to provide shelter to patients, attendants and their family members forced to sleep outside city hospitals in the biting winter cold due to lack of shelter.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued urgent short term...
'Misused Public Office': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Municipal Officials In ₹12 Crore Fake Work Orders Scam
The Punjab & Haryana High Court has refused to grant anticipatory bail to two officials of the Municipal Corporation, Faridabad, observing that allegations of large-scale corruption, forgery of public records and misappropriation of public funds demand a cautious approach at the pre-arrest stage.Justice Sumeet Goel said,"The allegations against the petitioners pertain to offences under...
Can't Prosecute Doctors For Medical Negligence Without Independent Expert Medical Opinion: Punjab & Haryana High Court
Quashing criminal proceedings against doctors accused of medical negligence leading to the death of a woman after childbirth, the Punjab & Haryana High Court has cautioned against subjecting medical professionals to criminal trials without credible expert scrutiny.Justice Manisha Batra said, "The investigating officer and the private complainant could not always be supposed to have...
'Can't Pave Way For Encroachers': Madras High Court Upholds Eviction Of SASTRA University From Govt Land Earmarked For Prison
The Madras High Court recently dismissed a petition filed by Shanmugha Arts, Science Technology & Research Academy (SASTRA), a deemed university, challenging a government order that refused an alternate land offered by the University for setting up a prison and a subsequent eviction notice issued by the Tahsildar, Thanjavur. The bench of Justice SM Subramaniam and Justice C...
Intimacy Though Normal Between Married Couples Must Be Consensual; Unconsesual Sex With Spouse Causes Trauma: Gujarat High Court
The Gujarat High Court has held that while marriage is seen as automatic grant of sexual consent and intimacy between married couples is normal however, it has to be consensual and mutually respectful, recognizing bodily freedom of spouse within marital relationship. In doing so the court rejected the anticipatory bail plea of a man who was accused by his wife of sexual assault and...
Compassionate Appointment Can't Be Rejected Merely On Ground Of Delay If Financial Distress Is Established & Delay Is Explained: Andhra Pradesh HC
A Division Bench of the Andhra Pradesh High Court comprising Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela held that compassionate appointment cannot be denied solely on the ground of delay when the delay is due to lack of awareness of rules and the family's financial distress is established. Further it was directed that the authorities must make a balanced...
Concealing Age, Murder Conviction Before Marriage Amounts To Mental Cruelty: Jharkhand High Court
The Jharkhand High Court has held that a person concealing material facts such as their age and conviction for life imprisonment in a murder case before solemnisation of marriage amounts to mental cruelty under the Hindu Marriage Act, warranting dissolution of marriage. The Court observed that such concealment, in this case by the wife, breaks the thread of trust between spouses, causing...
Termination Violating S.25F Industrial Disputes Act Doesn't Automatically Lead To Reinstatement: Rajasthan High Court
The Rajasthan High Court has partly upheld the order of a Labour Court which directed monetary compensation to the petitioner, instead of reinstatement, despite ruling his termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (“the Act”). The bench of Justice Anand Sharma observed that even though a violation of Section 25F rendered the retrenchment illegal,...