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Holding License To Run Fair Price Shop Cannot Be Said To Be Holding Civil Post; Article 311 Not Applicable: Supreme Court
The Supreme Court has observed that holding a license to run the fair price shop cannot be said to be holding a civil post.The bench of Justices MR Shah and BV Nagarathna rendered this observation while considering a Special Leave Petition assailing Allahabad High Court's order dated October 22, 2021.In the impugned order, the High Court had dismissed petitioner's plea challenging the order...
MV Act | Multipliers Under Second Schedule To Be Applied Even If At The Time Of Accident Those Were Not In Force: Orissa High Court
A Division Bench of the Orissa High Court, comprising of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanaik, has held that the 'multipliers' provided under the second schedule to the Motor Vehicles Act, 1988 ("the Act") can be applied even in the cases where at the time of adjudication the schedule was in force, though it was not operational at the time of accident. The...
Civil Suit Maintainable Against Termination Of Probationer If No Enquiry Conducted Before Removal: Rajasthan High Court
The Rajasthan High Court has observed that the services of a regular appointed employee, though on probation, cannot be terminated without enquiry and without providing an opportunity of hearing and explaining the charges against him. The court pursued that the fact finding of two courts below are based on appreciation of evidence and no illegality or perversity has been pointed out...
Supreme Court Sets Aside Conviction & Dismissal From Service Of Retired Army Lt General In Alleged Ration Scam
The Supreme Court on Wednesday set aside the conviction and dismissal from service of former Lt Gen SK Sahni for allegations relating to procurement of ration by Army purchase organisation. The bench of Justices L Nagswara Rao and BR Gavai set aside the conviction and dismissal of service while considering a criminal appeal preferred by Union of India assailing order dated 10th...
Kalkaji Temple Redevelopment: High Court Orders Delhi Police To Proceed With Eviction Of Unauthorised Occupants
Update on March 25 - Supreme Court refuses to interfere with HC order - In a matter concerning the redevelopment of city's Kalkaji temple, the Delhi High Court has directed the Delhi Police to proceed with the eviction of unauthorized occupants of jhuggis and dharamshalas present in the temple premises. Justice Pratibha M Singh took into consideration the stand taken by such...
Section 459 IPC Applies If Trespasser Causes Grievous Hurt Or Attempts To Cause Death Or Hurt While Trespassing: Rajasthan High Court
The Rajasthan High Court observed that Section 459 of Indian Penal Code would apply if a trespasser causes grievous hurt or attempts to cause death or grievous hurt in the course of the trespass i.e. whilst committing lurking house-trespass or house-breaking. Dr. Justice Pushpendra Singh Bhati, while allowing the petition, modified the trial court's order (for the offence U/s 458, 323,...
Rajasthan High Court Grants Bail To a Judicial Officer & 2 Judicial Clerks Booked On Charges of Sexually Assaulting A Minor Boy
The Rajasthan High Court has granted bail to judicial officer Jitendra Singh Guliya and two judicial clerks. All the three accused are in custody for the offences punishable under section 377/34 of I.P.C. and 5/6 of P.O.C.S.O. Act. Last year, the Rajasthan High Court suspended Jitendra Singh Guliya, with immediate effect pending preliminary enquiry and contemplated departmental...
Congress Worker Moves Madras High Court Opposing Premature Release Of Rajiv Gandhi Assassination Case Convict
In a plea for the pre mature release of S. Nalini, convicted in the assassination of former Prime Minister Rajiv Gandhi, Mr. M.A Muthalakan has moved the court to implead him as party respondent in the petition. Mr. M.A Muthalakan is the District President of South Chennai Central Congress Committee. According to him, his impleadment is necessary as otherwise no real and true facts...
Convict Undergoes 10 Yrs Custody Though Sentence Was For 7 Years : Supreme Court Seeks Explanation From Chhattisgarh Govt
The Supreme Court has sought explanation from the State of Chattisgarh as to why a convict had to undergo custody for 10 years, although the sentence imposed by the Court was seven years imprisonment.The petitioner had approached the Supreme Court saying that despite undergoing the full sentence of 7 years rigorous imprisonment, he has not been released from the jail. In fact, the...
Challenge To 27% OBC Reservation In AYUSH PG Admissions : Supreme Court Asks MP High Court To Decide Soon
The Supreme Court on Monday requested the Madhya Pradesh High Court to expeditiously decide the writ petition filed challenging the State Government's policy to increase the reservation for the OBC category from 14% to 27%, for admission in the All India Ayush Postgraduate Entrance Test, 2021.The petition before the High Court has challenged Section 4 of the Madhya Pradesh Lok Seva...
Judgment Holding UGC Regulations To Be Binding On State Universities Ignored Earlier Precedent? Supreme Court To Examine
While issuing notice in a petition challenging the appointment of the Vice-Chancellor of APJ Abdul Kalam University in Kerala, the Supreme Court observed that its recent judgment, which held that UGC regulations are binding on State Universities even though they are not expressly adopted by the State Government, did not discuss an earlier judgment which took a contrary view.A bench...