All High Courts
“Very Shocking”: J&K&L High Court Flags 4-Year Delay in Deciding Appeal, Questions Recovery of ₹2.82 Crore Under Himayat Scheme
The Jammu & Kashmir and Ladakh High Court has expressed strong displeasure over an unexplained delay of more than four years in deciding a statutory appeal, even as coercive recovery and penalty proceedings were initiated against a project implementation agency under the Himayat Scheme.Justice Wasim Sadiq Nargal, while hearing a writ petition filed by Eduspark International Pvt....
Challenge To Wrong Pay Fixation Not Barred By Limitation As It's A Continuing Wrong: Gauhati High Court
A challenge to wrong pay fixation cannot be rejected solely on the ground of delay where the grievance discloses a continuing or recurring wrong, the Gauhati High Court has held, while directing reconsideration of a claim raised by an Auxiliary Nurse and Midwife (ANM) seeking parity in pay with similarly situated employees.Justice Kardak Ete, presiding over the case, held, “I am of the...
Interest Of Child Paramount, Not Of Perpetrator: Madras High Court Affirms Joint Trial In POCSO Case
The Madras High Court recently dismissed an appeal filed by an accused under the Protection Of Children from Sexual Offences (POCSO) Act noting that there was no failure of justice merely because there was a joint trial. The bench of Justice GK Ilanthiraiyan and Justice R Poornima observed that when courts were dealing with matters of child abuse, they must apply the laws in the...
Financial Constraints Of State Road Transport Corporation No Defence To Deny Lawful Dues Of Workman: Rajasthan High Court
While hearing the petition moved by a retired employee of the Rajasthan State Road Transport Corporation aggrieved due to non-payment of dues against weekly rest for almost 13 years, Rajasthan High Court observed that any rightful claim of workman could not be denied on the ground that RSRTC did not have sufficient funds.The bench of Justice Ashok Kumar Jain held that RSRTC might be...
Karnataka High Court Stays Counter FIR Against Actress Kavya Gowda, Husband Over Alleged Assault
The Karnataka High Court on Thursday (February 12) stayed investigation into an FIR against Kannada actress Kavya Gowda and her husband, claimed to have been filed as a counter case pursuant to an alleged assault on them by certain family members. As per news reports Gowda and her husband were allegedly assaulted by certain family members last month. During the hearing on Thursday,...
'Protecting Women Employees From Sexual Harassment At Workplace Is Public Duty': Madras High Court Tells Railway Employees Co-op Society
The Madras High Court has criticised the Railway Employees Cooperative Credit Society for not taking appropriate action on a sexual harassment complaint made by one of its woman employees. Rejecting the society's argument that a writ petition would not be maintainable against the credit society, Justice Bharatha Chakravarthy ruled that protecting women employees from sexual harassment...
Sabarimala Gold Theft: Kerala High Court Dismisses Smart Creations CEO Pankaj Bhandari's Plea Challenging Arrest As Illegal
The Kerala High Court on Friday (February 13) dismissed the plea preferred by Pankaj Bhandari, CEO of Smart Creations, Chennai, alleging that his arrest as part of the Sabarimala gold theft case was illegal. Justice A. Badharudeen pronounced the order rejecting the plea.The prosecution allegation is that Bhandari along with the other accused in the case, including prime accused...
'Promotion Under Seniority-Cum-Merit Must Be Based On Seniority In Cadre, Not Date Of Initial Appointment': Bombay High Court
The Bombay High Court has held that where promotions are governed by the principle of “seniority-cum-merit”, seniority must be reckoned in the feeder cadre and not based on the date of initial appointment to service. The Court observed that once an employee satisfies the minimum eligibility and merit requirements prescribed for the promotional post, seniority in the immediate lower...
"Impacts Right To Dignified Life": AP High Court Flags Staggering Pendency Of Disciplinary Cases, Issues Continuing Mandamus To State
The Andhra Pradesh High Court has expressed concern over the "elephantine" pendency of disciplinary proceedings, which not only adversely impacts the Court, but also causes mental agony to the delinquents, thereby, directly affecting the right to a dignified life under Article 21.In this regard, Justice Nyapathy Vijay observed, “… the number of pendency of disciplinary cases is staggering...
Karnataka High Court Grants Relief To Woman Accused Of Hurting Neighbour Over Quarrel On 'Drying Clothes', Grants ₹50,000 To Victim
The Karnataka High Court modified a woman's conviction from voluntarily causing grievous hurt to voluntarily causing hurt with dangerous, after noting that a quarrel had suddenly arisen between her and her female neighbour over drying of clothes which was a "trivial issue". The court modified the conviction to Section 324 IPC (voluntarily causing hurt using dangerous weapons or means) which...
“Return To India Or We Won't Hear Your Challenge Against FEO Act”: Bombay High Court To Vijay Mallya
The Bombay High Court on Thursday granted a last chance to former liquor baron Vijay Mallya to spell out when he plans to return to India so that his plea challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that it had in a previous hearing it was made clear to Mallya to file...
Pain & Suffering Not Measurable: Rajasthan High Court Enhances MACT Award For Mental Agony Citing Prolonged Treatment, Permanent Disability
The Rajasthan High Court has enhanced the compensation awarded by the Motor Accident Claims Tribunal to a claimant under the head of mental agony from Rs. 13,000 to Rs. 50,000 taking into account the duration for which the petitioner had to be hospitalized followed by his 6 months leave from work. The bench of Justice Anoop Kumar Dhand opined that pain and suffering qualified as...