Merely Protesting Or Shouting Slogans Doesn't Violate Reasonable Restrictions Under Article 19; Liberty Cannot Be Curtailed Casually: Kerala HC

The Kerala High Court recently quashed an order issued by the Sub-Divisional Magistrate directing a lady to show cause why she should not ordered to execute a bond for rupees fifty thousand with sureties to keep peace for a period of one year under Section 130 of the BNSS.Justice V G Arun stated that the liberty of a person cannot be curtailed casually by referring to crimes registered...

[Juvenile Justice Act] Offence Of Wilful Neglect Must Be Committed Intentionally, Not By Accident Or Inadvertence: Kerala High Court

The Kerala High Court recently held that to constitute the offence of willful neglect as given under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, the act should be done deliberately or intentionally and not by accident or inadvertence.In the instant case, the prosecution alleged that a 6-year-old child who was residing in the Home For Mentally Deficient Children...

Calcutta High Court Upholds Gratuity Entitlement Despite Corporate Insolvency Proceedings

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging an order directing the payment of gratuity to an employee. The court ruled that gratuity payments remain a statutory obligation even after a company undergoes Corporate Insolvency Resolution Process (CIRP). It held that Section 36(4)(a)(iii) of the Insolvency and Bankruptcy...

PILs In Calcutta High Court Seek Heightened Security At Jadavpur University After Violent Clashes With Education Minister Bratya Basu's Convoy

Two public interest litigations have been moved before the Calcutta High Court seeking heightened security for university students after recent clashes with Education Minister Bratya Basu's convoy.In the ensuing violence, it is alleged that the minister's convoy attempted to run over students who had gathered around his vehicle. Protests were to be held against the education minister by the...

MACP Scheme Benefits Must Be Granted Along With Pension Benefits To Employees Who Got Deemed Extension Of Service Till 60 Years: Delhi HC

A Division bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur held that MACP scheme benefits must be granted along with pension benefits to employees whose service is deemed to extend until 60 years.Background Facts The petitioners served in Central Reserve Police Force (CRPF). They had superannuated on attaining the age of 57 years. In...

Private Unaided Schools Are Subject To Writ Jurisdiction Under Article 226 If Service Conditions Are Governed By Statutory Provisions Like DSEAR, 1973 : Delhi HC

The Delhi High Court bench comprising of Justice Prateek Jalan held that a private unaided school is subject to writ jurisdiction under Article 226 of the Constitution if its service conditions are governed by statutory provisions like the Delhi School Education Act and Rules, 1973 (DSEAR). Background Facts The petitioner was appointed as a Post-Graduate Teacher in Chemistry in...

Referral Court Can Reject Arbitration Only In Exceptional Cases Where Plea Of Fraud Appears To Be Ex Facie Devoid Of Merit: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar observed that unless the arbitration agreement prima facie appeared to be inoperative on account of fraud, the referral Court should not indulge in a roving inquiry as such an inquiry is within the domain of the arbitrator. The fact whether the agreement was induced by fraud would entail a detailed consideration of the evidence lead...

UP Woman On Death Row In UAE For Infant's Murder Executed On February 15: Centre Informs Delhi High Court

The Union Government on Monday informed the Delhi High Court that an Indian woman, resident of Uttar Pradesh, who was on death row in Abu Dhabi, UAE, for alleged murder of a four month old child, was executed on February 15.The woman was awarded death sentence on July 31, 2023 and the same was upheld by the Court of second instance. She was languishing in Al Wathaba Central Jail. ASG...

Madras High Court Orders Attachment Of Part Of Late Actor Sivagi Ganesan's Property In Execution Petition Against Grandson

The Madras High Court has ordered the attachment of a property belonging to late actor Sivagi Ganesan in a plea seeking the execution of an arbitral award against his grandson Dushyanth Ramkumar and their production company Eshan Productions. Justice Abdul Quddhose passed the order after noting that the mediation talks between the petitioner company – Dhanabakkiam Enterprises- and...

Rajasthan High Court Calls For Mechanism To Expunge Record Of Minor Offences By Juveniles To Enable Easy Rehabilitation

The Rajasthan High Court has called for development of mechanism in the juvenile justice system for expunging the records of minor offences committed by young persons, to enable easier rehabilitation and prevent "youthful mistakes" from becoming lifelong barriers to personal and professional growth.In doing so the court underscored that a punitive approach can permanently brand young persons...

Child In Conflict With Law Being Treated As Adult Can't Be Tried Jointly With Adult Offender: Delhi High Court

The Delhi High Court has ruled that the trial proceedings of a child alleged to be in conflict with law and an adult offender cannot be held jointly after a preliminary assessment of Juvenile Justice Board (JJB) is done declaring the child in conflict with law to be psychologically and physically mature.“Therefore, in the opinion of this Court, as per plain reading of Section 23 of JJ Act,...

Advocate General's Order Declining Sanction To Initiate Criminal Contempt Not Subject To Challenge In Court: Kerala High Court

The Kerala High Court held that refusal of sanction by the Advocate General for initiating criminal contempt proceedings under Section 15(1) of the Contempt of Courts Act of 1971 is not justiciable.Justice C.S. Dias passed the above order by relying upon the Apex Court decision in Joseph Kuzhijalil v Joseph Pulikunnel (1995). “In the light of the emphatic proclamation of the law in...