High Court Directs State To Positively Consider Service Regularization Of Asst Engineer Appointed In Aftermath Of '2001 Gujarat Earthquake'

Affirming the view that regularly selected employees cannot be continued for long on contractual, adhoc or temporary basis and that they ought to be regularised, the Gujarat High Court recently came to the rescue of an Assistant Engineer who was appointed in the aftermath of 2001 Gujarat Earthquake.A Bench comprising Justice RM Chhaya and Justice Hemant Prachchhak upheld the order of a...

RSS Worker's Murder: Kerala High Court Dismisses Wife's Plea For CBI Investigation

The Kerala High Court on Thursday dismissed the plea filed by the wife of deceased Rashtriya Swayamsevak Sangh (RSS) worker Sanjith, who was hacked to death in November last year, seeking the investigation to be transferred to the Central Bureau of Investigation (CBI).Justice K. Haripal pronounced the judgment today after weeks of elaborate hearing, permitting the State Police to continue...

Voluntarily Acceptance Of A Higher Value Exempts Importer From Liability Of Confiscation And Redemption Fine: Reiterates CESTAT Mumbai

The Mumbai Bench of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has reiterated that voluntarily acceptance of a higher value and willingness to pay the customs duty at the enhanced rate would exempt the importer from liability of confiscation and redemption fine under the Customs Act, 1962. The Single Bench of member Dr. Suvendu Kumar Pati (Judicial Member) held that...

Continuity Of Proceedings Will Be 'Abuse Of Process': Bombay High Court Quashes Cheating FIR Against Indiabulls

The Bombay High Court recently allowed a plea by Indiabulls Housing Finance Limited (IHFL) seeking to quash a FIR lodged by a shareholder against the company and its promoters, alleging cheating, criminal breach of trust. The Court also quashed a Magistrate Court's order, directing registration of FIR.The FIR had also formed the basis of a probe being led by the Enforcement Directorate under...

Needless Hypersensitivity Not Expected Of Judicial Officers, Should Maintain Composure & Poise: Delhi High Court Sets Aside ₹5 Lacs Cost

Observing that needless hypersensitivity is not expected of Judicial Officers who are expected at all times to maintain composure and poise, the Delhi High Court has set aside Rs. 5 lacs cost imposed by a Additional Rent Controller with a 'word of advice'.Unequivocally expressing its discomfiture at the manner in which the order was passed, Justice C Hari Shankar said:"In order that the career...

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC

The Delhi High Court has observed that an accused cannot, as a matter of right claim de novo trial, except where he is able to show and prove his claim of ineffectiveness of counsel's assistance and his representation falling below an objective standard of reasonableness, to the satisfaction of the court. Justice Rajnish Bhatnagar added that such a relief is to be granted sparingly,...

2008 Indian Mujahideen Case: 14 Yrs On, Bombay High Court Orders Re-Adjudication Of Accused' Plea To Drop MCOCA Charges

The Bombay High Court has directed the Special Court to re-adjudicate the plea of an accused seeking to drop charges under the Maharashtra Control of Organised Crime Act (MCOCA) against 23 men arrested over 13-14 years ago in the Indian Mujahideen Case. The case pertains to emails being sent out to various news media houses before a series of blasts took place in Delhi,...

Supreme Court Requests Chattisgarh HC To Decide Suspended IPS Officer's Bail Plea In Corruption Case Expeditiously

The Supreme Court on Wednesday requested the Chattisgarh High Court to expeditiously dispose of suspended Additional Director General of Police Gurjinder Pal Singh's bail plea in case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets.Recording the same, a bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli disposed of...

What Are The Basic Principles Relating To Bank Guarantees, Their Invocation & Interdiction? Delhi High Court Answers

The Delhi High Court has settled down the basic principles relating to bank guarantees, their invocation and the interdiction of such invocation. While observing that commercial contracts often contain clauses requiring the contractor to furnish bank guarantees, Justice C Hari Shankar said that such bank guarantees are either bank guarantees provided towards security for having been awarded...

Legitimate Expectation: Chhattisgarh High Court Restrains University From Replacing Guest Lecturer Except By Way Of Regular/ Contractual Appointment

The Chhattisgarh high Court has reiterated that merely because a person is appointed as a "Guest Lecturer" at a college or a University, does not mean that he/she does not have any right. Drawing analogy from the case of Manju Gupta & others v. State of Chhattisgarh & others, it held that such persons have a "legitimate expectation" of not being replaced, in the absence of any...

Dying Declaration Made To Doctor Can't Be Discarded Only Because Certificate Of Fit Mental State Not Appended: Orissa High Court

The Orissa High Court has held that 'dying declaration' made to a doctor can neither be called to question nor should be doubted only because a certificate with regard to mental state of the deceased at the time of recording the declaration was not appended to it. While holding doctor to be 'the best person' to assess mental state of a victim, a Division Bench of Chief Justice Dr....

Life Sentence Means Imprisonment Till Last Breath; Court Can't Fix A Period Of Incarceration Of Life Convict: Allahabad High Court

The Allahabad High Court has clarified that the sentence of imprisonment of life is till the natural life of the accused which cannot be fixed in years by the High Court. The Bench of Justice Sunita Agarwal and Justice Subhash Chandra Sharma observed thus while upholding the life sentence awarded to Five murder convicts by the Trial Court in a case that dates back to the year...