Order For CBI Probe Takes Away Right Of Police To Discharge Their Statutory Duties, Should Not Be Passed In Routine: Calcutta High Court

The Calcutta High Court's circuit bench at Jalpaiguri has "unconditionally" stayed a single bench order directing the Central Bureau of Investigation to probe into alleged irregularities in transfer of a government school teacher.A bench consisting a bench of Justices Bivas Pattanayak and Ravi Krishan Kapur observed that orders or directions on the CBI to conduct an investigation are not to...

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case

"...no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream," the Allahabad High Court recently observed as it modified the sentence of an accused convicted under Section 304 Part 1 IPC.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi...

Non-Renewal Of Contract During Probation Does Not Amount To 'Retrenchment' Under Industrial Disputes Act: Gujarat High Court

The Gujarat High Court has held that termination of service because of non-extension of probation does not amount to 'retrenchment' under Section 2(oo)(bb) of the Industrial Disputes Act.Consequently, Justice Biren Vaishnav set aside an order of the Labour Court reinstating the Respondent-workman to the position of a 'Community-Organiser-Cum-Trainee' in the Petitioner-Trust."Viewed from...

Absorption Not In Consonance With Established Rules: Madras HC Confirms TASMAC Order Demoting Supervisor To Salesman

The Madras High Court recently confirmed the order of the Managing Director of TASMAC to revert an employee from the post of Supervisor to the post of Salesman after observing that his absorption/promotion was not made in accordance to the established rules or principles. The employee had approached the court seeking to quash the order of the Managing Director. Justice SM...

Supreme Court Directs State Governments To Inform If State Haj Committees Have Been Constituted

The Supreme Court on Friday(August 12) directed State governments to inform the Court, by way of an affidavit, if Hajj committees are constituted in their respective states. The court has also directed states to specify the names of the committee members of the Hajj Committees thus constituted.This matter pertains to the constitution of a Central Haj Committee prescribed under Section 3 read...

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother

The Gujarat High Court has handed over the custody of an old and ailing couple to their younger son in a habeas corpus petition filed by the latter alleging mis-treatment and illegal detention of his parents by his elder brother, the Respondent. A division bench of Justices Vipul Pancholi and Sandeep Bhatt expressed shock at the Respondent's conduct in chambers, labelling his mother as...

S 156(3) CrPC - Magistrate Should Order Police Investigation When Cognizable Offence Is Prima Facie Found, Especially In Sexual Offences: Supreme Court

In an important judgment, the Supreme Court has held that a Judicial Magistrate has the duty to order police investigation under Section 156(3) of the Code of Criminal Procedure when the complaint prima facie shows the commission of cognizable offence and the facts indicate the need for a police investigation.Though Section 156(3) CrPC uses the word "may", giving discretion to the Magistrate...

Loan Fraud | Bank Can't Initiate Criminal Proceedings When Borrower's Declaration As 'Wilful Defaulter' Is Stayed By Court: Karnataka HC

The Karnataka High Court has quashed an FIR registered by CBI's Banking Securities Fraud Branch against Steel Hypermart India and its founder for alleged bank fraud of over Rs. 200 crore. A single judge bench of Justice M Nagaprasanna observed that the company's declaration as a 'wilful defaulter' was stayed by the Court and the matter is pending before the Review Committee of the Indian...

Gauhati High Court Upholds IOCL Law Officer Appointment Through CLAT-PG Rankings

The Gauhati High Court has upheld an advertisement issued by the Indian Oil Corporation last month for filling up posts of Senior Law Officer through CLAT-PG rankings.A single judge bench of Justice Michael Zothankhuma stated that an employer would know best the type of candidate they require and there is no discrimination or arbitrariness in the employer prescribing the essential...

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court

The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband.The Court noted that the husband was not the owner of the properties whose list was furnished to the Executing Court and so the...

High Time Govt Uses E-filing System: Bombay High Court Declines To Take Hard Copies In "Environmental PIL"

The Bombay High Court, observing that it was high time the State Government and its agencies started using the E-filing system invariably, refused to take hard copies of an affidavit in a case related to the environment.A division bench of Justices Gautam Patel and Gauri Godse, on August 10, observed, "It is incongruous that in an environmental PIL that seeks to protect wetlands, and filed by...

Pay Hike For High Court Staff: Supreme Court Further Defers Contempt Proceedings By Tripura HC Against State

In a plea filed by the State of Tripura, which assails an interim order passed by the Tripura High Court directing the State Government to enhance the salary of the staff of the High Court as per the recommendations of the Sixth Central Pay Commission, at the request of State's Counsel, Senior Advocate, Mr. Ranjit Singh, the Supreme Court, on Friday, adjourned the hearing. On...