Courts Can't Direct Govt To Have A Particular Method Of Recruitment, Eligibility Criteria For Services: Allahabad High Court

The Allahabad High Court has observed that the prescription of qualifications and other conditions of service pertains to the field of policy and is within the exclusive discretion and jurisdiction of the State and that it is not open to the Courts to direct the Government to have a particular method of recruitment or eligibility criteria.The Bench of Justice Manju Rani Chauhan further...

'Costs Over 80 Crores A Year' : Plea Before Kerala High Court Challenges Pensions Granted To Ministers' Personal Staff In State

A Public Interest Litigation (PIL) has reached the Kerala High Court challenging the manner of appointment of personal staff to ministers in the State and the consequent pension benefits provided to them despite having served only a couple of years in office. Significantly, the plea estimated that the State is currently spending at least Rs. 80 crore per annum for paying pension."When...

Supreme Court Stays Death Sentence Awarded To POCSO Convict ; Directs His Psychological Evaluation

The Supreme Court stayed execution of death sentence awarded to a man accused of rape and murder of a 11 year old girl.We feel that the interest of justice dictates that we obtain a psychological evaluation of the appellant, the bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha said while granting leave in the special leave petition filed by Jai Prakash challenging...

Civil Court Not Barred By Education Act To Hear Recovery Suit Filed By Teacher 'Discharged' From Service Sans Order On Her Claim: Karnataka HC

The Karnataka High Court has held that a civil court has jurisdiction to hear and decide on a suit filed by a teacher claiming arrears in salary, if she is discharged from her duties on account of closure of the school and no order is passed by the school management on her claims seeking arrears in salary. A Division bench of Dr.Justice H.B.Prabhakara Sastry and Justice S....

NEET-PG : Supreme Court To Consider Validity Of West Bengal Condition Of 3 Years Minimum Service In Remote Areas For In-Service Quota

The Supreme Court on Friday issued notice on the plea of 4 doctors challenging the West Bengal state notification of October, 2021 extending the condition of three years' minimum service in remote/difficult/ rural areas for being considered as eligible for the in-service quota.The effect of the notification is that for availing of state quota seats in post- graduate medical courses,...

State Can Notify All Corporations, Municipalities & Panchayats U/S 58(f) Of Transfer Of Property Act: Kerala High Court

The Kerala High Court has recently held that the State Government is justified in notifying all Corporations, Municipalities and Panchayats in the State of Kerala under Section 58(f) of the Transfer of Property Act.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly thereby refused to interfere with a State notification in that regard and accordingly dismissed an appeal....

'Lives In Victim's Neighborhood, Took Advantage Of Her Mental Faculties': Delhi High Court Cancels Bail Of Rape Accused

The Delhi High Court has cancelled the bail of a man accused of raping a 37 year old woman suffering from bipolar mental disorder episodic mania and psychotic features after taking her undue advantage, while directing him to surrender in custody within a week. Justice Mukta Gupta noted that the Trial Court failed to notice that the accused was living in the neighbourhood of the prosecutrix,...

Madras High Court Directs De-Sealing Mylapore Club, Orders Re-Determination Of Rent Arrears

In a writ appeal arising from a dispute regarding payment of rent to Kapaleeswar temple by Mylapore Club, Madras High Court has directed the HR & CE Department to de-seal the premises of Mylapore Club.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy has also instructed the respondents for revision/ re-determination of rent arrears by applying...

Acquittal In Criminal Case Is A Factor While Deciding Confiscation Proceedings Under MP Cow Slaughter Prohibition Act: Supreme Court

The Supreme Court observed that the acquittal of an accused in a criminal case under Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, is a factor to be considered while deciding confiscation proceedings under the Act."In a case where the offender/accused are acquitted in the Criminal Prosecution, the judgment given in the Criminal Trial should be factored in by the District Magistrate...

Can't Reopen Entire Premises Of Nizamuddin Markaz, Few People Can Offer Prayers For Shab-e-Barat, Ramzan: Centre Tells Delhi High Court

The Central Government on Friday informed the Delhi High Court that while few people can be permitted to offer prayers during the upcoming occasions of Shab-e-Barat and Ramzan festivals in the Nizamuddin Markaz, its entire premises cannot be reopened.Public entry was banned at the Nizamuddin Markaz in the aftermath of Tablighi Jamaat members testing positive for Covid-19 in 2020.Justice...

Senior Citizens Act Does Not Contemplate Eviction Of Children, Tribunal Can Only Order Maintenance: Rajasthan High Court

The Rajasthan High Court observed that Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act, 2007) does not envisage an order of eviction even by the District Magistrate, much less the Tribunal. The court dealt with the question whether pursuant to an application filed under Section 5 of Act, 2007 read with Rajasthan Maintenance of Parents and Senior Citizens Rules,...

Class X Exams 2021 - Students Not Entitled To Know Attendance Sheet, Result Committee Report & Detailed Scorecard Of All Students Of A School : CBSE Tells Supreme Court

The Supreme Court on Friday granted 2 weeks time to file rejoinder in the petition filed by class Xth passed out students against the alleged illegal action of St Xavier International School, Orissa ("School") of denying to provide detailed scorecard and answer sheet for concealing its malpractices in awarding marks to the students for the alternate assessment followed in 2021 following...