“How Can A Funeral Procession Be Called Public Nuisance?”: Madras HC Dismisses Caste Association's Plea With Costs, Calls It Inhuman

The Madras High Court recently dismissed a petition filed by Kammavar Samuga Nala Sangam seeking directions to the authorities to not allow private persons to conduct funeral procession march through their residential streets and not to create public nuisance. The court also imposed a cost of Rs 25,000 on the association. Calling the association's approach “inhuman”, the bench...

Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HC

A single judge bench of the Himachal Pradesh HC comprising of Justice Jyotsna Rewal Dua, while deciding writ petition held that contractual service preceding regularization qualifies as service for pensionary benefits & annual increments under the CCS Pension Rules.Background Facts The respondent department initially appointed the petitioners as Junior Basic Teachers (JBTs) on contract...

Reservation Demand For Wards Of Gallantry Awardee Military Personnel, Rajasthan High Court Rejects Claim

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court dismissed a petition challenging the policy by under which the wards of Gallantry Award recipients were not included in the categories of reservation contrary to the policy in place in the year 2021. The Court held that it could not extend its powers of judicial review as the policy makers had applied their mind...

Delhi High Court's Permanent Committee Recommends Names Of 71 Lawyers For Being Designated As Senior Advocates

Delhi High Court's Permanent Committee has recommended the names of 71 lawyers for being designated as Senior Advocates after intervening more than 300 lawyers. The Committee comprises of Chief Justice Manmohan, Justice Vibhu Bakhru, Justice Yashwant Varma, Additional Solicitor General Chetan Sharma, Senior Advocate Sudhir Nandrajog and Senior Advocate Mohit Mathur. The name of the lawyers...

Patna High Court Dismisses Plea Challenging Notifications Extending Timeline For Issuance Of Orders U/S 73(10) Of CGST Act

The Patna High Court has rejected a petition challenging Notifications extending timeline for issuance of Orders under Section 73(10) of the GST Act.The Division Bench, comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy was dealing with the case where the assessees/petitioners filed writ petition against Notification Nos. 13/2022-Central Tax, 9/2023-Central Tax...

AFT Should Not Lightly Interfere With Views Of Medical Experts: Kerala High Court On 2008 Rules On Disability Pension For Ex-Army Personnel

The Kerala High Court held that the Armed Forces Tribunal (AFT) should not lightly interfere with the opinion of medical board as to the nature of disability of ex-service personnel in the question of granting disability pension. The Court observed that whether the disability has connection to the personnel's service is a crucial factor for granting pension and it depends upon the opinion of...

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act.Brief FactsThis appeal has been filed under section 37 of the Arbitration Act challenging the order passed...

Sambhal Violence: Fresh PIL In High Court Seeks Independent Probe Into 'Police Atrocities', Claims Most Victims, Those Arrested Are Muslims

Questioning the Uttar Pradesh Police's alleged action of opening fire against the public in Sambhal, the Association of Protection of Civil Rights (APCR) has moved the Allahabad High Court seeking an independent probe into the alleged incidents of police atrocity. Violence erupted in Sambhal district on November 24 after a team led by an advocate commissioner surveyed the Mughal-era...

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Karnataka High Court has held that a competent court in Bengaluru will have jurisdiction to hear the defamation suit filed by late singer Manna Dey's kin, for restraining certain entities from circulating a Bengali language book on the late singer.Justice H P Sandesh pointed that though the book is published in West Bengal, it is available in Bengaluru.The High Court held thus while setting...

Keeping Control On Employee Doesn't Permit "Bullying": Punjab & Haryana HC Upholds Abetment To Suicide Charge Against Deceased's Senior

The Punjab and Haryana High Court has refused to quash an FIR lodged against a senior for allegedly abetting his junior employee to commit suicide by harassing and bullying him.It was alleged that the petitioner, who was senior of the deceased working in a government veterinary hospital, harassed and bullied him by using abusive language which forced him to commit suicide.Justice Karamjit...

[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court

The Kerala High Court held the criteria for the Magistrate to direct any person to give voice sample under Section 349 of BNSS is the satisfaction of the Magistrate that such sample is required for the purpose of investigation.“Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide his voice sample, again, for the purposes...

Enact Law With Severe Punishment For Child Sexual Abuse By Family Members: Madras HC Upholds Man's Conviction For Raping Stepdaughter

The Madras High Court recently asked the State Government to take "serious efforts" to enact laws imposing "severe punishments" in cases of sexual offences by family members or close friends involving children. In doing so the court further said State should take measures for providing awareness programs and provide funds for opening protection homes for children to protect them from...