Employee Can't Be Terminated For Non-Disclosure Of FIR That He Was Not Aware Of: Allahabad High Court Reiterates

Relying on the judgment of the Supreme Court in Avtar Singh v. Union of India, Justice Neeraj Tiwari of the Allahabad High Court has held that a government employee cannot be removed from service for not disclosing that an F.I.R. was filed against them, if they themselves were not aware of the fact.“This Court is also of the same view that in case at the time of filing of affidavit...

In Public Interest: Kerala HC Upholds Mandatory Rotating Medical Internship By Foreign Students For Missing Classes Due To COVID/ Ukraine War

The Kerala High Court has upheld Kerala State Medical Commission's decision mandating two year Compulsory Rotating Medical Internship to foreign students who missed offline classes due to COVID-19 and war in Ukraine, observing that it was made in larger public interestThe petitioners had undergone medical course in Ukraine from 2016-2022. They approached the High Court seeking a declaration...

Gauhati High Court Asks Assam DGP To Direct Police Stations Not To File 'Hit And Run' Case U/S 106(2) BNS As Provision Not In Force Yet

The Gauhati High Court recently asked Assam's Director General of Police to issue necessary direction to the police stations under his jurisdiction, not to register any case under Section 106 (2) of the BNS–pertaining to death by rash driving which is not culpable homicide–which has not come into force till date.Section 106(2) BNS states that "whoever causes death of any person by rash...

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. Brief Facts The claimant is a partnership firm and registered contractor with South Eastern Coalfields Ltd. (SECL). The claimant was awarded a contract...

Kerala High Court Mulls Suo Moto Contempt Action Against Organisers, Persons Who Attended CPI(M) Area Conference By Blocking Road

The Kerala High Court today noted that 40,821 road accidents occurred in the State this year up till October 2024, in which 3,168 persons died and 45,657 persons sustained injuries. The Court is thus set to consider whether suo moto contempt proceedings should be initiated against persons who conducted and attended CPI(M) party's area conference in Vanchiyoor, by obstructing roads on December...

Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates

The Chhattisgarh High Court has reiterated that procedural defects or irregularities, which are curable in nature, should not be allowed to defeat substantive rights of parties or to perpetuate injustice.While finding fault with the recourse adopted by the Rent Control Tribunal, the Division Bench of Justice Rajani Dubey and Justice Bibhu Datta Guru held –“It is trite law that the...

'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court

A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that as per the CCS (Leave) Rules, 1972, the Petitioner could not be denied the grant of Leave Encashment under Rule 39(3) of the said Rules. The Petitioner was charge-sheeted for allegedly participating in a one-day protest and could not be denied the benefit of grant of Leave Encashment as no harm was...

'Shocked & Deeply Pained': Orissa High Court Summons Health Secretary Over Encroachment, Mismanagement At Paediatric Hospital

The Orissa High Court has expressed shock over the 'distressing condition' in which the Sardar Vallabhbhai Patel Post Graduate Institute of Paediatrics (Sishu Bhawan) is functioning and has asked the Secretary, Department of Health & Family Welfare of the State Government to personally appear to address the issue.Upon being informed about the pathetic condition of the premiere...

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court

The Calcutta High Court has held that in cases for providing compassionate employment, it is 'reprehensible' to consider the source of inception of a child's birth and discriminate against those who may have been born from a void marriage.Justice Ananya Bandopadhyay held: "The objective to grant compassionate appointment to redress financial constraints occasioned in a family in the event of...

Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'

The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held –“In such circumstances, if...

Karnataka High Court Quashes Defamation Case Against Congress Leader Over Remarks On The Word 'Hindu'

The Karnataka High Court has quashed a defamation case registered against Congress Leader and Member of Legislative Assembly Satish Jarikholi, who was charged under Section 500 and 153 of the Indian Penal Code, alleging to have hurt the sentiments of Hindus as he made a statement that the word “Hindu” has a dirty meaning.A single judge Justice M Nagaprasanna allowed the petition filed...

Freedom Of Speech Not License To Transgress Limits Of Decency: Madras High Court Denies Anticipatory Bail To AIADMK Women's Wing Leader

Dismissing the anticipatory bail petition filed by AIADMK's State Deputy Secretary of the Women's Wing- Amudha, the Madras High Court highlighted that though the Constitution of India guarantees the fundamental right of speech and expression however this right cannot be taken advantage of to cross the limits of decency. While doing so, Justice AD Jagadish Chandira also noted that the...