State Minority Commission Cannot Call For Records From Minority Institutions To Verify Adoption Of Reservation Policy: Madras High Court

The Madras High Court has held that the State Minority Commission does not have any locus standi to call for records from a minority educational institution to verify its adoption of the reservation rule. Justice L Victoria Gowri observed that minority educational institutions were exempt from the purview of Article 15(5) which gave power to the State to make special provisions...

Despite HC Order Allowing Muslim Vendors At Kanfinath Yatra, Discrimination Is Apprehended: Hawkers' Union Writes To Bombay HC Chief Justice

Days after the Aurangabad bench of the Bombay High Court temporarily stayed the operation of a resolution passed by the Gram Sabha of Madhi village in Ahilyanagar district, which banned Muslims from installing any shops during the annual Kanfinath Yatra in the Pathardia Tehsil, a group of more than 30 hawkers unions have now urged Chief Justice Alok Aradhe to intervene in the issue as the...

Madras HC Limits Tourist Vehicles Entering Nilgiris & Kodaikanal During Summer, Asks For Preference To Be Given To Electric Cars

The Madras High Court has imposed a restriction on the number of vehicles plying to the Nilgiris and Kodaikanal this summer in an attempt to manage the congestion in the tourist places. The forest bench of Justice N Satish Kumar and Justice Bharatha Chakravarthy passed the directions after taking note of the carrying capacity of the hill stations. The court thus directed that only...

If The Mindset To Stifle Right To Protest Gets Traction, It Would Be A Sad Day For Democracy: Bombay High Court

In a significant order, the Goa bench of the Bombay High Court has said that the mindset to 'dilute' or 'stifle' the the fundamental right to protest of citizens, if gains traction, it would one of the saddest days of democracy.A division bench of Chief Justice Alok Aradhe and Mahesh Sonak said the State must not launch prosecution only to stifle agitations, which are a part of the...

'Visual Pollution A Shame' : Kerala High Court Issues Detailed Directions On Removal Of Unauthorised Boards,Banners, Hoardings, Flags Etc

The Kerala High Court today issued directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action. The Court stated that the non-removal of such unauthorized boards, banners, hoardings, flags, festoons shall become the personal responsibility of the Secretaries of the local self-government institutions.Justice...

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC

The Bombay High Court bench of Justice Somasekhar Sundaresan has observed that where the correspondence between the parties included invoices which contained an arbitration clause and the parties acted upon those invoices without protesting, then it could be deemed that the party had accepted the arbitration clause. Background Facts and Issue The Respondent had availed of...

Punitive Retrenchment Without Regular Departmental Inquiry Violates Industrial Disputes Act: HP HC

Himachal Pradesh High Court: A Single Judge Bench of Justice Ajay Mohan Goel set aside the termination of a daily wage worker's services. The court noted that the termination was done under the guise of retrenchment following a preliminary inquiry. It upheld the Labour Court's finding that termination based on alleged misconduct without conducting a proper departmental inquiry...

Can A Person Be Held Liable For Acts Committed On A Body Which He Believed To Be Lifeless? Kerala High Court Answers

The Kerala High Court held that a person cannot be held liable for an act committed on a body, when he believes that it to be lifeless at the commission of the act.In this criminal appeal, the Division Bench of Justice P.B.Suresh Kumar and Justice Jobin Sebastian examined whether the act of the husband of pushing the body of his wife, which he believed to be lifeless, in septic tank would...

Loss Of Profit In Works Contracts Can Be Awarded Upon Illegal Termination, Even In Absence Of Direct Proof: Calcutta High Court

The Calcutta High Court division bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once a contractor establishes an illegal and unjustified termination of the contract by the employer, there is no need to prove the actual loss suffered. A reasonable expectation of profit is implicit in a works contract, and compensation must be awarded accordingly. The...

Determination Of Employment Status Is A Mixed Question Of Law And Fact; Requires Adjudication By Industrial Tribunal: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed the writ petition filed by the Indian Institute of Management Calcutta (IIMC). The bench held that an Industrial Tribunal is the right forum to determine if IIMC was the principal employer. It further held that mere denial by IIMC was not sufficient to preclude a reference under the Industrial Disputes...

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the provisions of Section 47(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid.The Division Bench, comprising Justice R Raghunandan and Justice K Manmadha Rao, was dealing with a writ petition filed...

Kerala HC Asks State About Testing Technology Used In Regional Cancer Centre Where Patient Contracted HIV After Blood Transfusions

The Kerala High Court asked the state government to submit an affidavit about the machines that is now being used in the Regional Cancer Centre for blood test after an incident where a patient got HIV from blood transfusions were brought to the notice of the Court.The petitioner lost his daughter after she got infected with HIV. His daughter was suspected of having leukemia. She got 49...