BSF Personnel Entitled To MACP Benefits Based On Notional Service Till 60 Years: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur upheld BSF personnel's right to the third Modified Assured Career Progression (MACP) benefit. It noted that Dev Sharma v. Indo Tibetan Border Police had mandated uniform retirement at 60 years for all officers of Central Armed Police Forces. Thus, it held that notional service until 60 years must also be...

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC

The Karnataka High Court has held that Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990, does not take away the jurisdiction of the High Court to decide an election dispute questioning the caste of a returned candidate to the Legislative Assembly.Justice Anant Ramanath Hegde dismissed the application made under Order VII...

Pappanji Burning: Kerala High Court Questions Police Over Notice Issued To Stop Burning Of Effigy During New-Year Celebrations

The Kerala High Court on Tuesday (24th December) asked the Government pleader to inform court specifically about the provision under which the police issued stop memo against burning of 'Pappanji' in Fort Kochi. Justice Easwaran S. made this observation in a petition filed by Gala de Fort Kochi, the club which erected the Pappanji this year.'Pappanji burning' is an annual ritual conducted as...

Assets And Liabilities Of Public Servant Cannot Be Shielded From Public Scrutiny, Be Completely Exempted U/S 8 Of RTI Act: Madras High Court

The Madras High Court recently held that the service register of a public servant could not be completely exempted under Section 8 of the Right to Information Act. Section 8(j) of the RTI Act exempts personal information from disclosure. Justice CV Karthikeyan observed that the service register of the public servant contains details of the assets and liabilities of the employee which...

Gujarat High Court Issues Notice On Father's Plea Alleging Illegal Detention Of His Daughter By Persons Living In ISCKON Temple

The Gujarat High Court on Tuesday (December 24) issued notice to the State on a habeas corpus petition moved by a man claiming that his daughter has been illegally detained by certain persons who used to allegedly live at Ahmedabad's ISCKON temple. A division bench of Justice Sangeeta K Vishen and Justice Sanjeev J Thaker in its order took note of the averment's made in the father's...

Karnataka High Court Annual Digest 2024 [Part I]

Citation No: 2024 LiveLaw (Kar) 1 to Citation No: 2024 LiveLaw (Kar) 260Judgments/OrdersKarnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' RelationshipCase Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of KarnatakaCase No: Criminal Petition No 100721 of 2023.Citation No: 2024 LiveLaw (Kar) 1The Karnataka...

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court

The Karnataka High Court Bench of Justice Hemant Chandangoudar has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before 20.03.2019. Thus, where the reference application under Section 8 of the Act was made long...

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. Background Facts The petitioner was holding the post of Stenographer Grade-I in the Rajasthan Financial Corporation (RFC). He was arrested and...

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court

The Delhi High Court bench of J. C. Hari Shankar has held that in the present case there is no scope for negotiation between the parties, much less friendly negotiations. Brief facts of the case: The present dispute arises vis-à-vis a Lease Deed dated 30.07.2021, in which certain premises were leased by the petitioner to the respondent. Article 16 of the deed states that parties...

Doctrine Of Equality Applies To Punishments Across Different Forces Under Same Administrative Framework: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur set aside the removal from service of two CISF constables. The court found their punishment to be disproportionate compared to an ITBP officer who was involved in the same incident. It held that the doctrine of equality applies to punishments across different forces under the Ministry of Home Affairs....

[SARFAESI Act] Courts Must Not Interfere Under Writ Jurisdiction When Alternative Statutory Remedies Are Available: Rajasthan HC

The Jaipur bench of the Rajasthan High Court dismissed a plea by the purchaser of a property–in relation to which proceedings were initiated under the SARFAESI Act, on the ground that the purchaser had already availed the statutory remedy before the Debt Recovery Tribunal. Justice Avneesh Jhingan, while referring to a Supreme Court decision on this issue, observed that the...

Calcutta High Court Denies Bail To Former Education Minister Partha Chatterjee, Four Others In Recruitment Scam Case

The Calcutta High Court has denied bail to former education minister Partha Chatterjee and four others, namely Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha and Shanti Prasad Sinha in the infamous cash-for-jobs recruitment scam.Earlier a division bench had delivered a split verdict on the bail applications of the petitioners.On this occasion Justice Tapabrata Chakraborty denied...