Seniority For Promotion Is Determined By Date Of Promotion To Feeder Category, Not From Date Of Initial Appointment: Andhra Pradesh HC

A single judge bench of the Andhra Pradesh High Court comprising of Justice Subba Reddy Satti held that seniority for promotion to the post of Sub Inspector is determined by the date of promotion to the feeder category (Head Constable/ASI), not from the date of initial appointment as a Police Constable. Background Facts of the case The petitioners were working as Head Constable...

Landlord's Need To Settle His Son Independently In Business Constitutes Bonafide Use: Allahabad High Court

The Allahabad High Court has held that a son has every right to be in business independent of his father and the father's request for release of the rented shop so his son can start an independent business is a bona fide need, justifying the tenant's eviction.Justice Ajit Kumar held that “if the son has been doing business with his father, he has every right to get settled independently in...

'Can Reform If Sent Back To His Books': Bombay HC Grants Bail To 'Young Adult' Booked For Assault, Allows Him To Complete Class 12 Studies

The Bombay High Court while granting bail to a 'young adult' booked for assaulting a man along with his 'gang members', noted that he was merely 18 years old at the time of the incident and that he was studying in Class 12 and therefore, granted him bail observing that "he will be reformed if he goes back to his books."Justice Milind Jadhav said keeping the accused behind bars would only make...

Charging Stations For E-Vehicles In Housing Societies Will Help Reduce Air Pollution: Bombay High Court Asks State To Finalise Legal Framework

Observing that charging stations for electric vehicles within society premises will help reduce the menace of air pollution, the Bombay High Court recently ordered the Maharashtra government to finalise its policy with regard to installation of charging points/stations with the housing societies, at the earliest.A division bench of Justices Girish Kulkarni and Advait Sethna while dealing with...

Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC

Gujarat High Court: A Single Judge Bench of Justice M.K. Thakker upheld the Labour Court's rejection of a recovery application under Section 33(C)(2) of the Industrial Disputes Act, 1947. The court held that without a pre-existing right, claims for additional wages, bonus, and rent were not maintainable under this provision. It explained that Labour Courts cannot adjudicate new claims...

Experience Gained By Discharging Duties 'For A Long' Time Is Enough To Hold That Employee Is Qualified For Post: MP High Court Reiterates

The Jabalpur bench of the Madhya Pradesh High Court reiterated that experience gained by discharging duties for a long period of time is sufficient to hold that an employee has the requisite qualifications.In doing so, Justice Sanjay Dwivedi allowed a man's plea who was terminated from service as a Driver noting that apart from him not having the required educational qualification there were...

"Prison Walls Cannot Obstruct Fruits Of Article 21": Allahabad HC Issues Directions For Welfare Of Children Living In Prison With Parents

While hearing a bail plea of an accused mother living with her minor son in prison, the Allahabad High Court has issued several directions to various state authorities regarding the protection and welfare of children who are living with parents lodged in prisons.Stressing their right to education and right to life under Article 21 of the Constitution of India, Justice Ajay Bhanot observed...

Substantial Progress Made For Recruitment In Fire Depts: State Informs Gujarat High Court In Rajkot Fire Suo Motu Plea

The State government informed the Gujarat High Court on Friday (January 31) that substantial progress has been made in the recruitment of officers in fire departments of various corporations including those at Surat, Ahmedabad and Rajkot.The submission was made before a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi which was hearing a suo motu petition initiated by...

Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee

Note: The High Court's order has been subsequently stayed by the Supreme Court.The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan (“BCR”) dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution...

"Land Belongs To Deity": Rajasthan High Court Rejects 35-Yr-Old Plea Challenging Re-Entry Of Temple Land In Revenue Records

The Jaipur bench of the Rajasthan High Court recently dismissed a 35-year-old plea against an order by which the Ajmer Revenue Board "re-entered" into the records, a land on which Shri Gopalji Temple is situated, underscoring that the land in question belongs to a deity–a minor who is precluded from availing legal remedies without human help. Justice Avneesh Jhingan further said that based...

Proviso To S.10A Of IBC Doesn't Bar CIRP Applications Where Default Continues Beyond Moratorium Period: Madras High Court

The Madras High Court bench comprising Justice S.S. Sundar and Justice P. Dhanabal has held that the proviso to Section 10-A of the Insolvency and Bankruptcy Code (IBC) does not extend to cases where the default continues beyond the moratorium period. The court noted that Section 10-A only imposes a moratorium temporarily suspending the initiation of the Corporate...

S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court

The Supreme Court (January 28), while allowing constables' appeal against their conviction for murder, reiterated that in order to charge accused persons under Section 34 (common intention) of the IPC, it must be established that the accused had preplanned the act and shared a common intention. Reliance was placed on several judgments including the recent decision in Madhusudan and others...