Unqualified Person Appointed On Ad-Hoc Basis Cannot Claim Right To Continue In Employment As A Matter Of Right: Delhi High Court

The Delhi High Court has made it clear that a person appointed as a daily wager or on ad-hoc basis, who did not meet the qualification criteria and necessary certification, cannot as a matter of right claim to continue in such employment.The single judge bench comprising Justice Chandra Dhari Singh observed,"Upon having perused the records of the case and having analysed the facts of the case...

Second Wife Entitled To Family Pension Only Where Deceased Employee's Personal Law Permits Bigamy: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that the second wife of a deceased employee is not entitled to family pension under the Central Civil Services Pension Rules, unless the personal law applicable to such employee permitted more than one subsisting marriage. The observation was made by Justice Jyotsana Rewal Dua while hearing the claim made by a second wife of an employee...

Magistrates Can't Forward Original Complaints To Police, May Amount To Destruction Of Court Records: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court on Friday ruled that a Judicial Magistrate may face administrative action as well as charge for destroying the record of the Court if any application, whether civil or criminal, received by the court is not properly diarized and registered. The bench of Justice Sanjay Dhar held that whenever any application, whether on the civil side or...

Motor Accident Claim Not A "Bonanza", Insurance Company Can't Be Saddled With Exorbitant Amounts For Temporary Injuries: Tripura High Court

The Tripura High Court recently observed that it can't impose exorbitant amount on insurance company for temporary injuries by a claimant under the Motor Vehicle Act. The observation came from Justice T Amarnath Goud: "After hearing both the parties and perusing the evidence on record this Court feels that the injuries suffered by the claimant-appellant herein are temporary in...

S.320 CrPC Not Bar To Power U/S 482 For Quashing Non-Compoundable Offences In Appropriate Cases: Himachal Pradesh High Court

The Himachal Pradesh High Court has reiterated that if for the purpose of securing the ends of justice quashing of FIR is necessary, then Section 320 of CrPC would not be a bar to exercise of powers under Section 482 of the Code qua non-compoundable offences. Justice Bhushan Barowalia noted: "If for the purpose of securing the ends of justice, quashing of FIR becomes necessary,...

Dental College Admits 16 Aspirants Without NEET: Rajasthan HC Refuses To Regularize Admissions, Orders ₹10 Lakh Compensation Each

The Rajasthan High Court has refused to regularize the admissions of 16 medical aspirants who were admitted to a Dental College in Kota, without qualifying the NEET examination. It however granted Rs.10 Lakhs compensation to each such student, stating that the College had made a "false promise" assuring them a seat in MDS course. The court also directed the Vice Chancellor of...

NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates

The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money. The bench comprising Justice Avneesh Jhingan placed reliance on the judgement of Supreme Court in NCB v. Mohit Aggarwal and held that custody...

Jammu & Kashmir & Ladakh High Court Weekly Round Up : August 1 To August 7, 2022

Nominal Index: Junaid Hassan Masoodi Vs UT of J&K 2022 LiveLaw (JKL) 86 Neena Gupta Vs UT of Ladakh 2022 LiveLaw (JKL) 87 Anis Ahmad Chaudhary Vs State of J&K 2022 LiveLaw (JKL) 88 M/s Manu Mohit Industries Vs State of J&k & Ors. 2022 LiveLaw (JKL) 89 Ashish Damija Vs UT of J&K...

Kerala High Court Directs Registry To Transfer All Cases Challenging Agnipath Scheme To Delhi High Court

The Kerala High Court on Monday directed the Registry to transfer three petitions relating to the Agnipath scheme to the Delhi High Court so that the matter can be renumbered and be heard along with the other pending similar matters. Justice Anu Sivaraman transferred the cases relied on the Apex Court Order directing the transfer of all Agnipath-related matters to the Delhi High Court. This...

Police Not "Boss" Of Public Administration; Can't Investigate Complaints Without Registering FIR/ Entering Into Formal Process: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that Police is not supposed to act as a super boss of the public administration system. A bench of Justice Rahul Bharti observed, "In case any public servant is to be subjected to a surveillance mode by a rank holder police official on the pretext of a complaint received without first entertaining the said complaint into...

Maharashtra Stamp Act | Collector Has No Power To Revise Stamp Duty Once It's Already Been Levied & Paid: Bombay High Court

The Collector of Stamps under the Maharashtra Stamp Act cannot revise stamp duty once it has been levied and paid, the Bombay High Court held earlier this year. The court set aside notices alleging that the petitioner has defaulted on stamp duty for a deed of assignment. A show-cause notice asking why the petitioner's properties shouldn't be attached for non-payment of the...

Gujarat High Court Grants Anticipatory Bail To 62 Yrs Old POCSO Accused Citing "Improvements" In Minor Prosecutrix's Version

The Gujarat High Court has granted anticipatory bail to a 62-year-old, accused of sexuall assaulting a 17 years old after intoxicating her.The man was booked under Sections 363, 366 and 376 IPC and Sections 4, 6 and 8 of the POCSO Act. While granting relief, the High Court took into account several factors such as improvement in Prosecutrix's version, subsequent conduct of the accused,...