High Court
Freezing Bank Account Without Proving Account Holder's Involvement In Criminal Case Adversely Affects Fundamental Rights: Gujarat High Court
Directing the de-freezing of a man's bank account, the Gujarat High Court observed that while investigating agency has power to direct freezing, however without specifying the quantum of suspected amount or without establishing involvement of the account holder in any criminal activity, results in adversely affecting his fundamental rights.The court was hearing a man's plea seeking de-freezing...
'Preventive Detention Not Sustainable Upon Mere Suspicion': P&H High Court Quashes Detention Under PIT-NDPS Act
The Punjab and Haryana High Court has set aside a preventive detention order passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act), on several grounds including that unexplained and inordinate delay at multiple stages vitiated the detention.Justice Vinod S. Bhardwaj said, "Preventive detention would not be sustained upon a...
Contractual Employee Cannot Claim Protection Under Article 311; J&K&L High Court Upholds Termination Over Unsatisfactory Performance
The High Court of Jammu & Kashmir and Ladakh has held that a contractual employee engaged under the Ex-Servicemen Contributory Health Scheme (ECHS) cannot claim the constitutional protection available to holders of civil posts under Article 311 of the Constitution.The Court observed that where a contract expressly permits termination on account of unsatisfactory performance or lack...
'Dignity Extends Beyond Death': Allahabad HC Steps In As Stray Animals Desecrate Human Remains At Lucknow Crematorium
The Allahabad High Court has directed the Lucknow authorities to carry out immediate repair and renovation work at a public crematorium after instances of desecration of human remains by stray animals were highlighted in a Public Interest Litigation (PIL) plea. Stressing that the "right to live with human dignity extends beyond death", a bench of Justice Shekhar B Saraf and...
Unilaterally Revoking Building Permission After Substantial Construction Without Proof Of Fraud Violates Right To Property: MP High Court
While quashing the revocation of building permission and demolition order issued by Indore Municipal Corporation, Madhya Pradesh High Court observed that once the body had granted valid building permission upon which parties undertook construction, it cannot subsequently revoke the permission in the absence of any proof of fraud.In doing so the court said, that such conduct would violate...