'Opportunity To Be Heard Was Not Granted': Madhya Pradesh High Court Quashes Order Terminating Panchayatkarmi

The Madhya Pradesh High Court, on Thursday (June 19), set aside a termination order of a Panchayatkarmi, noting that the removal/ termination order was passed in violation of the principles of natural justice. The bench noted that the petitioner was neither granted any opportunity to file written statements nor was granted an opportunity to be heard. The bench of Justice Milind Ramesh...

Foreigners Must Be Heard Before Passing Order Restricting Their Movement: Kerala High Court

In a significant ruling that reinforces procedural fairness under Article 21 of the Constitution, the Kerala High Court has held that foreign nationals must be given an opportunity to be heard before orders restricting their movement are passed under the Foreigners Act, 1946.Justice C. Jayachandran, delivering judgment in a writ petition, declared the movement restriction orders issued by...

P&H High Court Dismisses Ex-Judicial Officer's Plea Challenging Full Court Decision To Compulsorily Retire Him, Flags Adverse Remarks In ACR

The Punjab & Haryana High Court today (June 20) dismissed a former Additional Session Judge's plea challenging the full court's decision to compulsorily retire him in 2000 in "public interest."Chief Justice Sheel Nagu and Justice Sumeet Goel observed that "the phrase 'Public Interest' is inherently broad and falls within the exclusive domain of the competent authority, whose...

LLM Holder Moves Gujarat High Court Challenging 'Fail' Result In AIBE

The Gujarat High Court on 17th June (Tuesday) issued notice to Bar Council of India (BCI) after a petitioner holding a Master of Law with First Class was declared 'Fail' in the All-India Bar Examination (AIBE) which is mandatory for law graduates to become practicing advocates. The petition was file challenging the decision of the BCI declaring her as 'failed' stating although 7 out 100...

S. 17 SARFAESI Act | No Bar On Preferring Consolidated Application By Tenants Under Different Lease Deeds: Kerala High Court

The Kerala High Court has recently held that there is no bar under the SARFAESI Act against preferring a consolidated Securitisation Application by tenants under different lease deeds if they are challenging the same secured creditor's action.The judgment was passed by Justice Mohammed Nias C.P. while considering an Original Petition preferred against the order (Exhibit P8) passed by...

Karnataka High Court Directs Regularisation Of Mangalore Workers Serving Through Outsource Agency Subsequent To Order Abolishing Contract Labour

The Karnataka High Court has come to the aid of 16 contract workers employed in the water supply department of Mangalore Mahanagara Palike, and it has directed the corporation to regularise their services.Justice S Sunil Dutt Yadav allowed the petition filed by Bhagwan Das and others and said “The order of regularization is to be passed within 60 days from the date of receipt of copy of...

Karnataka High Court Quashes ED Complaint Against Greenpeace NGO For Alleged FEMA Violations

The Karnataka High Court has quashed the complaint and show cause notice issued by the Enforcement Directorate to NGO Greenpeace Environment Trust, Greenpeace India Society, in an alleged case of violation of provisions of the Foreign Exchange Management Act.A single judge, Justice Suraj Govindaraj said “The show cause notice dated 25.02.2020 issued by respondent No.2 at Annexure-A in both...

Wife Doesn't Need Husband's Permission To Apply For Passport: Madras High Court

To insist for husband's permission for wife's application is “nothing short of male supremacism”, the Court said.

P&H High Court Junks PIL Seeking Ban On Online Betting, Says Remedy Available Under Haryana Prevention Of Public Gambling Act

The Punjab and Haryana High Court on Friday (June 20) refused to entertain a PIL seeking to restrain all online opinion trading platforms, mobile applications, websites, and digital mediums from advertising and/or facilitating betting and wagering activities, which was said to be in violation of the Public Gambling Act.Chief Justice Sheel Nagu and Justice Sumeet Goel said, "since there...

[POCSO Act] Can't Conclude Sexual Intention Of Doctor During Medical Exam Based On Victim Labelling It As 'Bad Touch': Kerala High Court

The Kerala High Court set aside a POCSO case against an octogenarian paediatrician who was alleged to have committed aggravated sexual assault on a 10th standard student during a medical examination. The doctor had approached the High Court to quash further proceedings in the case, saying that whatever he had done was within the parameters of clinical examination. He had stated that...

'Mere Error In Judgement Is Not Criminal Negligence': Rajasthan High Court Acquits Constable Under Whose Watch Two Undertrials Escaped

While acquitting a police constable charged under Section 223 (IPC) following absconsion of two under-trial prisons from his guard, Rajasthan High Court held that when a police officer was tasked with dual and simultaneous duties like guarding as well as attending wireless operations, expectations of flawless supervision must be weighed against practical limitations of manpower...

Rajasthan High Court Emphasises Reformative Aspect Of Criminal Justice, Grants Temporary Bail To NDPS Accused To Care For Pregnant Wife

While denying regular bail to an NDPS accused, Rajasthan High Court granted a temporary bail of 60 days to take care of his wife who was pregnant, due to deliver a baby in a few days, and had no one else to take care of her and provide medical assistance.The bench of Justice Farjand Ali opined that even though such ground in itself was not sufficient to warrant regular bail, temporary bail...