Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners

Rajasthan High Court imposed symbolic cost of Rs. 1000/- on numerous petitioners for approaching the Court with the same cause of action that had already been decided by the Court on two occasions with specific directions to everyone with same cause of action to directly approach the concerned Government Department by filing representations and also directing the Department to decide...

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs

Closing perhaps the oldest criminal matter in the state, the Karnataka High Court recently quashed a 44-year old murder case registered against a man who is now 68 years old, remarking that permitting a trial would be a futile exercise. Justice M Nagaprasanna while allowing the petition by Chadra alias V Chandrashekara Bhat, and after taking note of the facts observed that the impossibility...

"Large-Scale Scam": Gujarat HC Denies Anticipatory Bail To Businessman Booked In ₹6000 Crore Financial Fraud Case

The Gujarat High Court has dismissed the anticipatory bail plea of businessman and head of BZ group Bhupendrasinh Zala in connection with an alleged financial fraud amounting to ₹6000 crores observing that it appeared to be a “large scale scam” wherein “large number of people appear to have been duped by him”.Justice M.R. Mengdey in his December 23 order observed “The...

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal.Justice Kshitij Shailendra held “Section 13 casts an obligation upon the...

Madras High Court Suspends Sentence Imposed On BJP's H Raja Over Comments Against Periyar, Kanimozhi

The Madras High Court on Friday suspended the sentence imposed on BJP's H Raja for his derogatory speech against Periyar and Kanimozhi Karunanidhi. The special court had imposed the sentence on December 2. Justice L Victoria Gowri suspended the 6-month sentence imposed on him by the Special Court for Trial of Cases Against MLAs/MPs in Chennai The special court had sentenced Raja for...

'No One Should Blame Girl For Being With Male Friend': Madras HC Orally Remarks In Plea For CBI Probe Into Anna University Sexual Assault

While hearing a batch of pleas seeking a CBI probe into the recent sexual assault of a second-year engineering student at Anna University in Chennai, the Madras High Court on Friday (December 27) orally emphasized that no one should blame the victim for being with her male friend when the incident happened. "Just because this incident has happened, no one should blame the girl for sitting...

Kerala HC Permits 'Pappanji' Burning During New Year Celebrations In Kochi, Suggests Increasing Breadth Of Barricade Around Effigy

The Kerala High Court on Friday (December 27) permitted 'Pappani' burning at Veli Ground in Fort Kochi for the New Year Celebrations this yearThe Mattancherrry police had earlier issued a notice directing the organisers to remove the erected effigy of 'Pappanji'. Permitting the burning of the effigy the court also suggested to the authorities to increase the breadth of barricade around...

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. In the present case, the petitioner sought promotion from the date when she became eligible for the post.Referring to the Supreme Court's decision on this subject,...

Madras High Court Takes Suo Motu Cognizance Of Alleged Sexual Assault Of Student At Anna University

The Madras High Court on Friday (December 27) took suo motu cognizance of the alleged sexual assault of a 2nd-year Engineering Student inside the Anna University campus in Chennai. A division bench bench of Justice SM Subramaniam and Justice V Lakshminarayanan took suo motu cognizance of the incident based on a letter by Advocate R Varalakshmi. The bench however refrained from passing any...

Rajasthan HC Sets Aside Rule Imposing Rs. 50 Fee For Each Day's Delay In Applying For Vehicle Fitness Certificate Renewal

The Rajasthan High Court has set aside a provision in the Central Motor Vehicle Rules as ultra vires which sought to levy additional fee of Rs. 50 for each day of delay in making an application for renewal of the certificate of fitness required by the transport operators for their vehicles to operate on roads.A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh...

Pension Calculation Is Governed By Rules In Force When Employee Joined Service; Can't Retrospectively Apply New Rules: Rajasthan HC

Rajasthan High Court, Jaipur Bench: A Division Bench of Justices Manindra Mohan Shrivastava and Ashutosh Kumar upheld a single-judge decision that allowed a government employee to include his territorial army service in pension calculations. The Court ruled that pension rules introduced in 1996 could not retrospectively be applied to those who joined under the Rajasthan Service...

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents

Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited.Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the...