All High Courts
SC Judgment Didn't Hold Breath Analyzer Test Is Inconclusive Proof Of Alcohol Consumption: Patna High Court Clarifies
The Patna High Court has held that the Supreme Court in the case of Bachubhai Hassanalli Karyani -Vs- State of Maharashtra(1971) did not hold that a breath analyser test is inconclusive proof of alcohol consumption.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar held that the SC judgment did not lay down any proposition that the Breath Analyser Report is not...
State Can't Deny Paid Maternity Leave To Employees Citing 80-Day Work Rule, Has To Ensure Welfare Measures: MP High Court
The Madhya Pradesh High Court has held that Section 5(2) of the Maternity Benefit Act which bars the benefit of maternity leave unless a woman has worked for 80 days in 12 months, does not apply to establishments of the State Government. The bench of Justice Vishal Dhagat held, "Section 5(2) of the Act of 1961, bars benefit of maternity leave unless woman has worked for 80 days in 12 months....
Pendency Of Criminal Case With General Matrimonial Allegations No Ground To Deny Job: Allahabad High Court
The Allahabad High Court has held that an employer cannot deny appointment for mere pendency of criminal case against the candidate, which arises out of matrimonial dispute. Referring to the decision of the Supreme Court in Avtar Singh v. Union of India, Justice Karunesh Singh Pawar held,“...the pendency of the criminal case, based on general allegations arising out of a matrimonial...
MP High Court Allows 19-Year-Old Woman To Live With Partner Of Choice After She Rejects Husband, Parents
The Madhya Pradesh High Court recently allowed a 19-year-old married woman to reside with a partner of her choice, after she expressed unwillingness to reside with her 40-year-old husband who she alleged had ill-treated her. In doing so the court appointed 'Shourya Didis' in the woman's "best interest" thereby upholding her right to personal liberty. For context, "Shourya Didi" refers to a...
Historical Books Can't Prove Private Property Title; S.57 Evidence Act Limited To Matters Of Public History: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that while courts may, under Section 57 of the Evidence Act, resort to appropriate books or documents of reference on matters of public history, the question whether a person holds title to a particular property cannot be treated as a matter of public history. Historical works cannot be used to establish title to property, as such...
'Should You Be Spared?': Karnataka High Court Declines To Quash FIR Against Airport Staff Booked For Sexually Harassing Korean Woman
The Karnataka High Court on Monday (April 06) refused to quash a criminal case registered against an airport staff accused of sexually harassing a south Korean national at the Kempegowda International Airport, and strongly disapproved of the officer's conduct.“…She is a woman of another nation. She has described what all you did. Why did you take her to a gent's toilet?...”, Justice...
State Must Prioritise Its Own Employees For Promotion Over Deputationists: P&H High Court To Chandigarh Admin
The Punjab and Haryana High Court has held that the State is bound to consider the interest of its own employees for promotion on a higher pedestal as compared to persons brought through deputation or transfer. The Court observed that service rules must not operate to prejudice promotional avenues of existing employees in favour of external entrants.A division bench of Justices Harsimran...
Plea Of Alibi Can't Be Considered At Stage Of Cognizance Under S.319 CrPC: Rajasthan High Court
The Rajasthan High Court has rejected a plea challenging cognizance taken by the District Court against the petitioners-accused for rioting and murder, opining that the plea of alibi cannot be considered at the stage of taking cognizance, and it had to be proved by the accused at the appropriate stage of defence. The FIR mentioned the name of the petitioners, and during the course...
"Right To Health Requires Time-Sensitive Medical Infrastructure": Jharkhand HC Issues Directions For Specialised Burn Care Facilities
The Jharkhand High Court has held that the right to health under Article 21 is a positive constitutional mandate requiring the State to provide specialised, time-sensitive medical infrastructure, particularly in cases such as burn injuries where immediacy of care is critical. The Court observed that the absence of functional burn care facilities renders the constitutional guarantee of life...
Abruptly Blocking Employee's Smart Card Access To Terminate Him Violates Basic Dignity Of Labour: Madras High Court
The Madras High Court recently observed that a company abruptly blocking an employee's smart card access to terminate him from work violates the basic dignity of labour. Justice Bharatha Chakravarthy noted that people in managerial positions should take a more empathetic approach and think from the employee's point of view. The court added that such an abrupt termination...
Promise Made By Chief Minister During Press Conference Not Legally Enforceable Without Policy Backing: Delhi High Court
The Delhi High Court on Monday held that an assurance or promise made by a Chief Minister during a press conference does not constitute an enforceable legal promise in the absence of any formal policy or statutory backing.A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that such a promise cannot be enforced by way of a writ of mandamus if no legal...