No Legal Basis To Deny Woman Jailor Promotion As Recruitment Rules Make No Gender Distinction: Tripura High Court

The Tripura High Court has held that, in the absence of any provision in the Recruitment Rules prescribing gender-based restrictions, a Female Jailor cannot be denied consideration for promotion to the post of Deputy Superintendent (Home) Jail solely on the ground of her gender. The Court observed that the applicable Recruitment Rules do not distinguish between male and female Jailors...

Failure To Communicate Grounds Of Arrest To Uneducated Accused In Understandable Manner Vitiates Arrest: Tripura High Court Grants Bail

The Tripura High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after holding that the prosecution failed to establish that the grounds of arrest were effectively communicated to him in a language he understood. The Court Noted that the investigating officer had described the accused as "uneducated" and admitted that he did not...

Senior Citizens Cannot Be Penalised For Not Tracking Cases Online: Tripura High Court

The Tripura High Court has held that while litigants are expected to track their cases on court websites, however persons who are not technologically savvy such as senior citizens cannot be penalised for not doing so. The court was hearing an appeal wherein the respondent-plaintiff had filed suit to declare his right, title and interest in the suit schedule property and for recovery of...

Refusal To Conduct Social Wedding After Notarized Marriage Does Not Convert Consensual Relationship Into Rape: Tripura High Court

The Tripura High Court recently acquitted a man convicted under Section 376(1) IPC, holding that a consensual relationship arising out of a long-standing love affair and subsisting marriage could not subsequently be treated as rape merely because the accused allegedly refused to conduct a social marriage ceremony. The Court observed that the complainant herself admitted to the existence of...

Updated OBC-NCL Certificate Can Be Submitted After Cut-Off Date In Central University Recruitment: Tripura High Court

The Tripura High Court has held that an OBC-NCL certificate is merely proof of an existing social status and not an acquired qualification, observing that candidates applying to Central Universities may submit updated OBC-NCL certificates even after the application cut-off date. The Court upheld the appointment of an Associate Professor in Tripura University, ruling that Government of...

“Utterly Perverse”: Tripura High Court Flags Trial Judge's 'Superficial' Handling Of Land Dispute Suit, Orders Entry In Service Record

The Tripura High Court recently directed that a copy of its judgment be placed in the service record of a trial court judge after finding that the land dispute suit had been handled in a “very superficial and perverse way.” Allowing a second appeal the court held that both the trial court and the first appellate court had ignored material evidence, misread documentary records, and...

Bar Association Cannot Penalise Lawyers For Attending Court Despite Boycott Calls: Tripura High Court

The High Court of Tripura recently observed that no Bar Council or Bar Association rule, regulation, or by-law authorises boycott of courts or permits disciplinary action against advocates for discharging their professional duties. While staying action initiated by the Tripura Bar Association against a lawyer who appeared before the Consumer Commission despite a boycott resolution, the Court...

Mere Custody No Excuse To Avoid Participation In Departmental Proceedings When Notices Are Duly Served: Tripura High Court

The Tripura High Court held that mere incarceration cannot be a valid ground to justify non-participation in departmental proceedings, especially where repeated notices have been duly served. Further the Court observed that the petitioner failed to respond or appoint any representative despite being given adequate opportunities through jail authorities. Justice Biswajit Palit remarked that:...

Tripura High Court Flags “Grave Procedural Impropriety” By State In Stalling ACP Benefits For HC Staff Approved By CJ

The Tripura High Court held that the State Government committed “grave procedural impropriety” by failing to act on a proposal approved by the Chief Justice to grant Assured Career Progression (ACP) benefits to Superintendents and Assistant Registrars facing stagnation. The Court observed that the Finance Department's decision to stall the proposal, without placing it before the Council...

Divorced Daughter Not Entitled To Family Pension If Divorce Occurred After Pensioner-Father's Death: Tripura High Court

The Tripura High Court has held that a daughter who obtained a decree of divorce after the death of her pensioner father is not entitled to family pension under the Tripura State Civil Services (Revised Pension) Rules, 2017. The Court clarified that eligibility for family pension must exist on the date of death of the pensioner, and cannot be acquired subsequently. Justice S. Datta...

Statutory Authorities Cannot Defeat Appellate Orders Through Delay: Tripura High Court

The Tripura High Court held that statutory authorities are duty-bound to implement binding appellate directions and cannot avoid such obligations through prolonged inaction. It remarked that unexplained administrative delay cannot defeat statutory orders or the rights flowing from them.Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit remarked that:“The official respondents are...

“No State Of War With Neigbouring Bangladesh, Cannot Deviate From Fair Tender Process”: Tripura HC Slams State For Overlooking Lowest Bidder

The Tripura High Court recently set aside the award of a government contract to a second-lowest bidder and held that the rejection of the lowest bidder was arbitrary, unreasonable, and violative of Article 14 of the Constitution. The Court remarked that there was no situation of war or immediate emergency warranting deviation from a fair tender process. A Division Bench of Chief Justice...