All High Courts
'Chand Nikla' Remark To Woman Not Obscene Or Sexually Coloured: Punjab & Haryana High Court Quashes FIR
The Punjab and Haryana High Court has quashed an FIR registered against a Gurugram resident over a WhatsApp comment made in a housing society group, holding that the remark, though “not in good taste”, did not amount to obscenity, sexual harassment, or insult to modesty under the Indian Penal Code (IPC)."Jaane kitne dinon ke baad society me abb chand nikla," had remarked the...
"Preventive Detention Law Invoked With Less Seriousness Than Traffic Challan": J&K&L High Court Orders Release Of Man
In a strong indictment of executive overreach, the Jammu & Kashmir and Ladakh High Court has held that the Jammu and Kashmir Public Safety Act, 1978 was invoked against a young man “by non-seriousness of standard with which even a motorist is not subjected to a routine traffic challan,” quashing his preventive detention as illegal from its very inception.Delivering the judgment...
Delhi High Court Defers Constitution Of School-Level Fee Regulation Committees, Says Timelines Prima Facie Unworkable
The Delhi High Court on Saturday deferred implementation of Delhi government's mandate to private schools to constitute a school level fee regulation committee (SLFRC) for the upcoming academic session.A division bench comprising of Chief Justice DK Upadhyaya and Justice Tejas Karia was dealing with a petitions filed by various school associations, including the Forum of Minority Schools and...
Accepting Alternative Cadre Promotion Without Protest; Can't Challenge Juniors' Elevation In Parent Cadre : J&K HC
A Division Bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that an employee who accepts promotion to a different cadre without challenging the promotions of his juniors in a parallel cadre, when the employer had relaxed the qualifications for others based on seniority, cannot subsequently seek retrospective parity...
Discharge Without Completion Of Training In Assam Rifles , No Right For Reinstatement : Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Unni Krishnan Nair and Justice Yarenjungla Longkumer held that a trainee who has neither successfully completed training nor been formally enrolled as a member of the Assam Rifles under the Assam Rifles Act, 2006, is not entitled to reinstatement, especially when he has voluntarily sought discharge by executing a...
S.163A MV Act | Borrower Driving Owner's Vehicle Not 'Third Party'; Legal Heirs Can't Claim No-Fault Compensation: Gujarat High Court
The Gujarat High Court has held that the legal representatives of a deceased borrower-driver cannot maintain a claim under Section 163A of the Motor Vehicles Act against the insurer, reiterating that a person who borrows a vehicle and drives it “steps into the shoes of the owner” and cannot be treated as a third party.Section 163A provides for compensation on a no-fault basis,...
“What Is Casual For Srinagar DM Is Causality To Fundamental Rights”: J&K&L High Court Quashes Arbitrary Detention, Orders Immediate Release
In a scathing indictment of administrative casualness in preventive detention matters, the Jammu and Kashmir and Ladakh High Court has quashed a detention order passed under the Public Safety Act, observing that “what is a casual for the District Magistrate Srinagar is a causality to the fundamental right of the personal liberty of the petitioner.”Justice Rahul Bharti, while allowing...
More Women Joining Workforce To Become Economically Independent, State Cannot Deny Maternity Benefits: Bombay High Court
At the time when more and more women are joining the workforce for becoming economically independent, the authorities by denying them maternity leave benefits cannot compromise their role as a care giver to the child, observed the Bombay High Court while ordering the Brihanmumbai Municipal Corporation (BMC) to pay and extend the benefits to a Doctor, working in the civic-run KEM hospital, at...
J&K&L High Court Sets Aside CAT Order Granting Sanction For Foreign Job; Says Taking Overseas Assignment Without Prior Permission Is Misconduct
Holding that Schedule XIX of the CSR and Rule 14(b) of the Leave Rules read in conjunction with Rule 10 of the Conduct Rules leave “no iota of doubt” that a Government servant who takes up foreign assignment without prior permission commits misconduct inviting disciplinary action, the High Court of Jammu & Kashmir and Ladakh has set aside a Central Administrative Tribunal order that...
Bombay HC Grants ₹50 Lakh COVID Compensation To MSRTC Supervisor's Widow; Says Field Staff Faced Same Risk As Drivers During Pandemic
The Bombay High Court has held that supervisory staff deputed to manage traffic operations during the COVID-19 pandemic were exposed to the same risk as drivers and conductors, and are therefore entitled to compensation of Rs. 50 lakhs under the applicable Government Resolution and MSRTC circulars. The Court observed that the deceased did his job at the risk to his life in a time when the life...
Jharkhand High Court Issues Directions For Bio-Medical Waste Management; Says Lax Enforcement Threatens Public Health & Violates Article 21
The Jharkhand High Court has issued a slew of directions in a public interest litigation concerning bio-medical-waste, emphasising the need for strict enforcement of the statutory framework governing handling and disposal of biomedical waste in the State.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing the PIL filed by the Jharkhand Human...