Employee Appointed On Contractual Basis Without Public Advertisement Does Not Have "Right To Regularization": Punjab & Haryana High Court

The Punjab and Haryana High Court has held that employees appointed on contractual basis without any advertisement and contrary to the provisions of Articles 14 and 16 of the Constitution of India, do not have right to regularization.The bench comprising Justice Anupinder Singh Grewal thus dismissed a petition filed by the petitioner, appointed by the Respondent as a driver for three...

"Child's Father Entitled To Visitation Rights": Allahabad HC Disposes Habeas Plea Allowing Man To Meet His Child Living With Mother

Allowing a Habeas Corpus plea filed by a father seeking visitation rights to meet his son presently living with his mother, the Allahabad High Court has observed the father is ENTITLED to visitation rights to meet his child.Essentially, the child is presently living with his mother pursuant to a mutual agreement made between the husband and wife in a divorce suit decided on the basis of...

Motor Accident Claims: Bombay High Court Reiterates Heads Under Which Compensation Can Be Awarded In "Personal Injury" Cases

The Bombay High court in a recent judgment considered the fairness of the quantum of compensation granted to a motor accident victim. The victim had suffered severe bodily injuries and multiple fractures at the age of 24 and had to undergo various treatments regularly. Single Bench of Justice Bharati Dangre accessed the various heads under which compensation can be granted. It referred...

Minority Scholarship : Supreme Court Issues Notice On Plea Of Jamaat-E-Islami's Youth Wing Against HC Order Quashing 80:20 Distribution To Muslims & Christians

The Supreme Court on Friday issued notice on the special leave petition filed by Solidarity Youth Movement, the youth wing of Islamic organization Jamaat-E-Islami Hind, challenging the Kerala High Court's order which quashed the government scheme to provide minority scholarship to Muslims and Christians in 80:20 ratio.A bench comprising Justice L Nageswara Rao and BR Gavai tagged the...

Petitions Filed Directly In HC For Registration Of FIR Without Availing Remedy U/S 156(3) CrPC In Conflict With SC Directions: Gujarat High Court

The Gujarat High Court recently refused to exercise its writ jurisdiction under Article 226 of the Constitution and issue directions for registration of FIR on a complaint lodged by the Petitioner, observing that if such petitions are entertained then the High Courts will be flooded and will not be able to do any other work.Justice AS Supehia refused to quash the closure report by the...

A Request From Higher Court Is Expected To Be Honoured : SC Seeks Explanation From Bombay HC Registrar General About Not Listing A Case Despite Its Order

A request from a higher court is expected to be honoured, the Supreme Court remarked while seeking explanation from the Registrar General of the Bombay High Court about not listing a matter despite its request.On 5th December 2019 , the Supreme Court disposed a case requesting the Bombay High Court to decide a writ petition within three months. Such an order was passed since the said...

Supreme Court Grants Bail To TN Godman Siva Sankar Baba In POCSO Case, Asks Him Not To Use Social Media To Dissaude People From Filing Complaints

The Supreme Court on Friday granted bail to Tamil Nadu godman Siva Sankar Baba in a case related to alleged child sex abuse of students in a school run by him. As one of the bail conditions, s bench comprising Justices L Nageswara Rao and BR Gavai directed that he should not use YouTube or any other social media for dissuading persons to approach the authorities to file complaints.Further,...

Order Refusing To Appoint Local Commissioner Does Not Adjudicate Rights Of Parties, No Revision Lies Against It: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order.The bench comprising Justice Alka Sarin thus dismissed the revision petition challenging an order passed by the Additional Civil Judge...

K Rail | Centre Claims It Did Not Sanction Ongoing SIA Conducted By State, Kerala High Court Reserves Judgment

The Kerala High Court on Friday reserved the judgment in the batch of petitions challenging the State authorities laying down survey stones on petitioners' property as part of the ongoing survey in furtherance of the K-Rail Silver Line project.Justice Devan Ramachandran heard all the parties concerned in full today but was incapacitated from delivering the judgment on account of the...

Local Police Competent To Investigate Cognizable Offenses Under PNDT Act: Punjab And Haryana High Court

Punjab and Haryana High Court on April 02, 2022, dismissed a petition wherein the petitioner approached the court for quashing of FIR under Sections 23, 3(1), 3A, 4, 5(2), 6(b) of the PreConception and Pre Natal-Diagnostic Techniques Act, Sections 120-B/34 of IPC and all subsequent proceedings. The bench comprising Justice Gurvinder Singh Gill dismissed the petition holding that the...

Court May Increase Quantum Of Compensation In Motor Accident Claim, Irrespective Of Who Files Appeal: Bombay High Court

The Bombay High court recently dealt with an appeal by an Insurance Company against the quantum of compensation awarded to an accident victim under the Motor Vehicles Act, 1988. The claimant, in the course of this appeal, raised the issue of insufficiency of the compensation awarded. Single Bench of Justice Bharati Dangre noted that though the claimant had not filed an appeal...

Undertrial Prisoners' Right To Health: Bombay High Court Permits DHFL Promoter Dheeraj Wadhawan To Undergo Treatment At Private Hospital

In a relief for DHFL promoter Dheeraj Wadhawan, the Bombay High Court has allowed him treatment for a limited period at a private hospital while setting aside the trial court's order to shift him to the State-run JJ Hospital. Justice PD Naik observed that it was a settled principle of law that an undertrial prisoner also had fundamental rights and that right to life under Article 21...