All High Courts
Suspension Of HOD In Sexual Harassment Case Builds Confidence In Employees, Prevents Abuse Of Power: Allahabad High Court
The Allahabad High Court has held that suspension of head of department accused of sexual harassment builds confidence in women employees of his department and prevents abuse of power by the accused.Justice Ajit Kumar held, “Naturally if the employee is regularly discharging duties on a position that he holds as ahead of the department, in matters of complaint of sexual harassment where...
J&K High Court Stays Executive Takeover Of Shri Nav Durga Jhaleri Mata Shrine, Appoints Interim Administrator
In a matter concerning the governance of Hindu religious shrines in the Union Territory, the Jammu & Kashmir High Court has stayed the operation of a communication from the Divisional Commissioner which sought to bring the Shri Nav Durga Jhaleri Mata Shrine under the administration of the Shiv Khori Shrine Board until fresh legislation was enacted.The Court was hearing a writ petition...
Delhi High Court Suggests Use Of Technology While Probing NDPS Cases, Says It Assures 'Fairness'
The Delhi High Court has mooted the use of technology while investigating cases under the Narcotic Drugs and Psychotropic Substances Act, 1985. Justice Ravinder Dudeja said that the use of technology in such cases enhances the efficacy and transparency of the police investigation and assures fairness.Noting that in case before it lodged under the NDPS Act, there was no independent public...
Calcutta High Court Orders Police Protection For Sharmistha Panoli Over Threats Faced Due To Social Media Posts
The Calcutta High Court, in its order granting bail to law student Sharmistha Panoli, has directed the Kolkata Police to provide her with protection due to threats faced over certain social media posts allegedly insulting Islam, which had led to her initial arrest.Justice Raja Basu Chowdhury, in granting bail to Panoli, stated that due to the gravity of the offence, her tender age, and that...
State Has No Authority To Withhold Retiral Benefit Dues On Account Of Pending FIR When Challan Was Filed In 2005: Punjab & Haryana High Court
The Punjab and Haryana High Court has directed to release retiral benefits of a former police officer, withheldi due to a pending FIR registered nearly two decades ago.The Court noted that the challan was presented before the Trial in 2005 and he is unable to get his retiral dues because of the pending FIR. "He cannot be held guilty for non-adjudication of the FIR," said the Court.Adding...
Pre-Arrest Bail In Corruption Cases Can Be Granted Only When FIR Was Filed On Political Vendetta Or Prima Facie False Implication: P&H High Court
The Punjab & Haryana High Court has made it clear that the anticipatory bail in corruption case can be granted only in exceptional cases, the court is required to be prima facie satisfied either of false implication, political vendetta, or manifest frivolity in the complaint.Justice Manjari Nehru Kaul said, "it is well settled law, and reaffirmed by the Hon'ble Supreme Court in Devinder...
Welfare Government Should Strive To Enforce Prohibition, Not Establish More Liquor Shops: Madras High Court
Ordering the closure of a TASMAC shop situated on a public road, the Madras High Court recently observed that a welfare government should strive to enforce prohibition rather than establishing more TASMAC shops, which affects the public health. “Therefore, it is a constitutional philosophy and the Directive principles insist that a welfare Government should strive wholeheartedly...
Judicial Review Can't Be Invoked To Override Recruitment Rules Framed By Competent Authority: Himachal Pradesh High Court
Himachal Pradesh High Court held that the eligibility conditions for a particular post are determined by the employer, and Courts can't modify them or frame new ones.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “Court under the garb of judicial review can't sit over the rules to decide what is best for employer”. Background Facts:The petitioner, Akhil, completed his...
'Rashness Must Be Assessed On Case-To-Case Basis': Karnataka High Court Acquits Man Convicted For Causing Death Of Motorcyclist By Rash Driving
Observing that “rashness and negligence are multi-faceted concepts which cannot be comprehended and interpreted in isolation, it significantly depends on facts and circumstances of each case,” the Karnataka High Court recently acquitted an accused convicted for driving his car rashly and causing the death of a motorcyclist.Justice Rajesh Rai K, while allowing a revision petition filed by...
Snake Venom Case | 'Popularity Of Accused No Basis For Grant Of Protection': Allahabad HC Denies Relief To Elvish Yadav
Denying relief to YouTuber Elvish Yadav in the Snake Venom case, the Allahabad High Court recently observed that all persons are equal before the law and that the popularity or position of the accused cannot be the basis of extension of protection to him. “The popularity or position of the accused cannot be basis of extension of protection and as per law of this land each and...
Exclude Creamy Layer Before Granting Reservation In Promotion To SC/ST Candidates: High Court Tells Haryana Govt
The Punjab & Haryana High Court while upholding the Haryana Government's instruction to grant reservation to Scheduled Caste candidates in promotion in Group 'A' & 'B' posts in State Government Services directed to exclude "creamy layer."Justice Jagmohan Bansal said, "this Court finds that respondent has duly complied with attributes of Article 16(4A) of the Constitution of India as...