Employee Of Border Roads Organization Has No Fundamental Right To Claim Deputation To Any Other Organization Or Dept Like NHAI: Delhi High Court

The Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation or Department like National Highways Authority of India (NHAI).A bench comprising of Justice Manmohan and Justice Navin Chawla added that since an employee of Border Roads Organisation has to work primarily in the said Organisation, he has only...

No Frustration Of Contract Due To Mere Commercial Hardships Caused By Pandemic: Kerala High Court

The Kerala High Court has recently ruled that the occurrence of a commercial difficulty or hardship to perform a contract is not an excuse to back out from contractual obligations which the parties had agreed to in the first place. A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar while dismissing a petition, observed that merely because the pandemic has made...

Placing Hand On Woman's Body While She Is Sleeping Prima Facie An Offence U/S 354A IPC: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that a man placing hand on woman's body while she is sleeping prima facie constitutes an offence under Section 354A which prescribes punishment for sexual harassment. The acts punishable under Section 354 A are: physical contact and advances involving unwelcome and explicit sexual overtures; ora demand or request for sexual...

Compromise Deed Must State Reasons For Settlement For Quashing Of FIR & Criminal Proceedings: Punjab & Haryana High Court

High Courts are empowered under Section 482 of CrPC to quash FIR and further criminal proceedings, even for non-compoundable offences, if a compromise has been reached and the matter is personal. However, to seek such quashing, the compromise deed must not have inconsistencies and must state clear and specific reasons for the compromise, Punjab and Haryana High Court has held. In a...

If Sufficient Cause Is Shown, Delay Can Be Condoned For Substantive Justice U/S 5 Limitation Act: Gujarat High Court Grants Relief To Govt Company

"The consideration which cannot be ignored is that if sufficient cause for excusing delay is shown, discretion is given to the Court to condone delay and admit the appeal. This discretion has been deliberately conferred on the Court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice", the Gujarat High Court observed recently....

Purpose Of Admitting Students In Schools Under EWS Category Is To Ensure Access To Quality Education To Under-Privileged Students: Delhi High Court

The Delhi High Court has observed that the purpose of admitting students to schools under the Economically Weaker Section (EWS) category is to ensure that students of the under-privileged strata of society get access to quality education as envisaged under Article 21A of the Constitution of India. Justice Rekha Palli was dealing with a petition moved by a private unaided and recognised...

Covid-19: Courts In Rajasthan To Function In Virtual Mode Till 8 February; HC Issues Guidelines For Functioning In Hybrid Mode From 9 February

In view of the gradual improvement in the conditions arising out of Covid-19 and relaxation in the conditions imposed by the State Government, the Registrar General of Rajasthan High Court has decided to extend the virtual hearing of Rajasthan High Court, Subordinate Courts, Special Courts and Tribunals in Rajasthan till 8 February 2022. The Registrar General also issued guidelines...

Writ Jurisdiction Can Be Exercised If Order Of Quasi Judicial Authority Is Not Reasoned/ Non-Speaking: Andhra Pradesh High Court

The Andhra Pradesh High Court ruled that quasi judicial authorities are not exempted from giving cogent reasons for orders given by them and the Constitutional Court in the exercise of writ jurisidiction can interfere with the final orders if they suffers from manifest error. The Petitioner is the owner of an extent of Ac. 2.50 cents land near Krishna River. Due to excess flow of...

Rajasthan HC Refuses To Give Directions In Plea Seeking Protection & Maintenance Of Wildlife To Control Man-Animal Conflict In Kumbhalgarh & Todgarh Wildlife Sanctuaries

The division bench of Rajasthan High Court refused to give directions in a plea seeking protection & maintenance of wildlife to control man-animal conflict & rescue and animals in distress in kumbhalgarh & todgarh wildlife sanctuaries. Through this petition, the petitioner has taken up the cause of proper protection and maintenance of wildlife in and around Kumbhalgarh...

Delhi Riots: High Court Grants Bail To Two Men Who Were Incarcerated For A Year Since Filing Of Chargesheet In Multiple FIRs

The Delhi High Court has granted bail to two men in multiple FIRs concerning the North East Delhi riots of 2020 noting that they were incarcerated in jail for a year since the filing of Chargesheet. Justice Subramonium Prasad granted bail to Deepak and Raj Singh in FIR nos. 64/20, 65/20 and 67/2020 registered in Shastri Park police station. Apart from the three FIRs, Raj Singh was also...

Can A State Restrict Employment On The Basis Of Domicile?: Punjab & Haryana High Court To Examine

While putting an interim stay on the implementation of Haryana state's law providing for 75% reservation for state domicile in the private sector, the Punjab and Haryana High Court underscored that the core issue which is to be examined is - whether any State can restrict employment (even in the private sector) on the basis of domicile.The stay on the law came from the Bench of Justice...

Allahabad High Court Monthly Digest: January 2022

Judgments/Orders of January 20221. 'Prayers Omnibus In Nature': Allahabad High Court Refuses To Entertain PIL On Alleged Corruption In MadarsasCase title - Mohammad Imran v. State Of U.P. Thru Addl.Chief Secy.Minority Wefare And Ors.Case Citation: 2022 LiveLaw (AB) 1The High Court refused to entertain a Public Interest Litigation (PIL) plea filed by a farmer to point out corruption in...