All High Courts
Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by the...
Look-Out Circular Is A Coercive Measure, Has Adverse Consequences: Andhra Pradesh HC Says Authorities Should Apply Mind Before Issuing LOCs
Justice Subba Reddy Satti of the Andhra Pradesh High Court has held that a Look-Out Circular (LOC) is a coercive measure that certainly has adverse civil consequences inasmuch as it makes “a person surrender and consequentially interferes with his right to personal liberty and free movement.”The Court further held that the issuing authority should apply its mind to the facts of each...
Orissa HC Issues Guidelines For Disposal Of Mutation Cases Based On Wills Executed Under Ex-Princely States, Says Probate Not Required
The Orissa High Court has reiterated that probate of Wills executed in ex-princely states/Gadajat states is not necessary and thus, the revenue authorities can proceed for mutation on the basis of un-probated Wills in such areas.A Single Bench of Justice Ananda Chandra Behera referred to a number of precedents on the above position of law and clarified that –“If the Wills are executed in...
NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court
In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. The petitioner was arrayed as an accused based on a disclosure statement. Following a chance...
Elderly Man Using “Lathi” Not A Weapon: Punjab & Haryana HC Modifies 100-Yr-Old's Murder Conviction To Culpable Homicide Not Amounting To Murder
The Punjab & Haryana High Court has altered a 100 year old man's murder conviction to culpable homicide not amounting to murder, noting that he delivered a single blow with his lathi, which is not a weapon and is typically carried by elderly persons in villages.Justice Gurvinder SIngh Gill and Justice Jasjit Singh Bedi said, "The question that there arises for consideration is as to...
Leave Encashment Benefit Can't Be Withheld Only Due To Pendency Of Judicial Or Disciplinary Proceedings: Orissa High Court
The Orissa High Court has reiterated that the leave encashment benefit of a retired government employee cannot be withheld only on the ground that a judicial or disciplinary proceeding was pending against him at the time of his superannuation.While setting aside the order, by which the said post-retirement financial benefit of the petitioner was kept at bay, the Single Bench of Justice...
Unnecessarily Subjecting Child To Medical Exam Will Cause More Mental Stress: Madras HC Asks Hospitals To Examine Victims Based On Complaint In POCSO Cases
Noticing the routine manner in which every child in a case under the Protection of Children from Sexual Offences Act (POCSO) was being subjected to medical examination mechanically, the Madras High Court has asked the doctors and hospitals to conduct medical examinations based on the nature of the complaint. A special bench of Justice N Anand Venkatesh and Justice Sunder Mohan, which...
Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court further stated that the Writ Court shall only interfere in the Inquiry Officer's findings of guilt only if they are perverse.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S....
Kerala High Court Seeks Detailed Action Plan From State Over Elephant Attacks In Aralam Farm
The Kerala High Court, on Thursday (13th February), asked the State Government if any plan of action had been formulated to combat the repeated elephant encroachments and attacks happening on Aralam farm in Kannur. The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu asked the State to submit details on any plan of action formulated, the short-term and long-term plan...
Madras High Court Declines To Interfere With Conviction And Sentence Of MLA In Case Involving Receipt Of Foreign Funds
The Madras High Court has dismissed a revision petition filed against the conviction of MLA MH Jawaharulla and other members of the Tamilnadu Muslim Munnetra Kazhagam (TMMK) in a case involving the receipt of foreign funds. The court thus confirmed the conviction and sentence imposed on Jawaharulla. Justice P Velmurugan, however, directed the Central Bureau of Investigation (CBI) not...
Kerala High Court Issues Directions To Enforce Ban On Certain Single-Use Plastics, Orders Strict Compliance
The Kerala High Court has issued a series of guidelines to ensure that the ban on certain single-use plastics (SUP) is properly enforced and to make sure that manufacturers, importers and persons recycling or processing plastic waste have got the necessary registration under Rule 13 of Plastic Waste Management Rules, 2016.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu...
Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds
The Rajasthan High Court has directed the State to grant appointment to the petitioner, who had 90% hearing impairment and had applied for the post of Safai Karamchari in 2018 but due to some software error was not considered for the draw of lots under the PwD category, resulting in his non-appointment.Justice Arun Monga opined that the petitioner's appointment might appear unfair since he...