All High Courts
University Professors Don't Discharge Duties In Public Domain, Their Post Not 'Public Office' For Invoking Writ Of 'Quo Warranto': Karnataka HC
The Karnataka High Court has held that lecturers, assistant professors or associate professors bear jural relationship with the University and since they do not discharge any public function, their post cannot be characterized as 'public office' for invoking the writ of Quo Warranto.Writ of Quo Warranto can be issued where the person holding public office does not meet the eligibility criteria...
“Luxury Litigation”: Allahabad High Court Imposes ₹100 Cost Each On More Than 6,400 Petitioners For Moving Against Settled Law
The Allahabad High Court has imposed a cost of Rs. 100 each on more than 6,400 petitioners who had approached the High Court against law settled by the Supreme Court in the case of State of U.P. & Ors Vs. Shiv Kumar Pathak & Ors (2018).In 2017, 5he Supreme Court in the case of Shiv Kumar Pathak & Ors held though the authorities would have been permitted to proceed in terms of...
Punjab & Haryana High Court Deprecates Trend Of Filing 'Misconceived' Appeals Against Interim Orders In Pending Cases, Imposes ₹50K Cost
The Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a litigant for discourage filing of "misconceived" Letters Patent Appeal (LPA) against innocuous orders in pending cases.While noting that in the present case the writ is already pending, Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "Suffice it to note that the present appeal is in gross abuse...
Pendency Of Proceedings Before Competent Authority Under Jharkhand Apartment Ownership Act Will Not Affect Application U/S 11 Of A&C Act: Jharkhand HC
The Jharkhand High Court Bench of Chief Justice M.S. Ramachandra Rao has observed that 'competent authority' within the meaning of Section 3(l) of the Jharkhand Apartment (Flat) Owners Act, 2011 is an executive authority and not a quasi-judicial or judicial authority. Accordingly, pendency of some proceedings under the said Act would not preclude the court from appointing an arbitrator...
'Lethargic Approach Tarnished Country's Image': High Court Slams Bihar Police For Lapses In Probing Foreign National Minor's Sexual Abuse Case
The Patna High Court has strongly criticised the Bihar police for their lethargic and negligent handling of a case involving allegations of sexual abuse against a minor foreign national, observing that their conduct—from the stage of FIR registration to investigation and charge-sheet submission—tarnished the image of India as a nation committed to justice under the Constitution.The Court...
EPS Pension | EPFO Cannot Deny Higher Pension On The Ground That Contributions Were Paid In Bulk: Kerala High Court
The Kerala High Court held that the Employee Provident Fund Organisation, after having received a contribution to the Employees Pension Scheme (EPS) based on the actual salary, cannot deny the employees a higher pension saying that the contributions were not made in the corresponding month.Justice Murali Purushothaman ordered so in a petition filed by employees who retired from Milma....
GHCBA President Requests Recusal Of Judge From Deciding Contempt Petitions Over Liking Social Media Post Related To Case
The Gauhati High Court Bar Association President Kamal Nayan on Wednesday (April 9) sought recusal of Justice Unni Krishnan Nair from the bench deciding the contempt petitions filed the Advocate General of Assam against three advocates including the Bar President.The Advocate General, Devajit Saikia had filed contempt petitions under Sections 11, 12 & 15(1)(a) of the Contempt of Courts...
Allahabad High Court Sentences Advocate To 6 Months In Jail For Calling Judges 'Goondas'; Bars Him From Practicing In HC For 3 Yrs
Today, the Allahabad High Court sentenced Lucknow-based Advocate Ashok Pandey to six months' simple imprisonment for using abusive language against HC judges, calling them 'goondas' in open court in 2021. Pandey has been found guilty of committing criminal contempt of court by a bench of Justice Vivek Chaudhary and Justice Brij Raj Singh, as it concluded that Pandey's conduct shows...
Assam AG Files Contempt Petition Against HC Bar Association Prez, Two Other Advocates Over Gauhati High Court Relocation Row; Verdict Reserved
The Gauhati High Court on Tuesday (April 8) reserved judgment in criminal contempt petitions filed by Advocate General, Devajit Saikia under Sections 11, 12 & 15(1)(a) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, alleging that Anil Kumar Bhattacharyya (Senior Advocate) and another advocate (Pallavi Talukdar) of the Gauhati High Court have...
Incomplete Disclosure Of Material Facts To Superintendent Of Police Not Strict Compliance With S.154 CrPC: J&K High Court
The Jammu and Kashmir High Court has held that not disclosing the material facts to the superintendent of police or annexing the duly sworn affidavit of the person who had made an oral complaint does not demonstrate strict compliance with section 154 CrPC for the purpose of invoking the jurisdiction of the court under section 156(3) CrPC.The petitioner had challenged the order passed by...
'Under Garb Of Spa Centres, Miscreants Are Running Prostitution Racket': HC Tells Punjab Govt To Frame Guidelines For Welfare Of Female Staff
The Punjab & Haryana High Court has directed the Punjab Government to frame a policy to regulate the operations of spa and massage centres within the State of Punjab, noting that under the guise of running such centres, prostitution rackets and immoral/human trafficking are taking place in several locations.Justice Kuldeep Tiwari said, "taking into account the gravity of the issue involved...
Basic Amenities Like Electricity Connection Is Fundamental Right: Punjab & Haryana HC Quashes Arbitrary Cut-Off Date To Apply For Electric Connection
The Punjab & Haryana High Court has set aside the notification issued by the Punjab Government that had specified a cut-off date for granting electricity connections in unauthorized colonies, observing that receiving basic amenities in a plot is a fundamental right.According to the notification, only those allottees who, up to 31st July 2024, had entered into powers of attorney or...