News Updates
Successful Candidate's Juvenile Record Not Ground To Deny Service As Police Constable: Rajasthan High Court
The Rajasthan High Court recently held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time, from being employed in Government service.The division bench of Justice Sandeep Mehta and Justice Yogendra Kumar Purohit was hearing an intra...
Karnataka High Court Monthly Digest: February 2023
Nominal Index: 2023 LiveLaw (Kar) 37 to 84M Prakash And M Vinayaka & ANR. 2023 LiveLaw (Kar) 37Ameena Afroj And State of Karnataka & others. 2023 LiveLaw (Kar) 38Shesha Krishna And Krishn Hegde. 2023 LiveLaw (Kar) 39Akshata Chougala & Others And State of Karnataka & Others. 2023 LiveLaw (Kar) 40CH K.S.Prasad @ K S Prasad And State of Karnataka & ANR. 2023 LiveLaw (Kar)...
Take Expeditious Steps For Appointing Chairperson, Other Members Of PMLA Appellate Authority: Delhi High Court To Centre
The Delhi High Court has directed the Union Government to take expeditious steps for appointing Chairperson and other members of the Appellate Authority under Prevention of Money Laundering Act, 2002 (PMLA) within eight weeks. Taking judicial notice of the fact that there are a “large volume of cases” pending under PMLA, Justice Prathiba M Singh said that there is a “dire need”...
Impermissible To Dismiss Bail Plea Due To Absence Of Counsel, Court May Appoint Amicus For Accused & Hear Matter: Allahabad HC
In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India. The Court added that in such cases, an amicus curiae should be appointed to represent...
Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station
Amid the cries of a 10-year-old child refusing to be taken away by his biological father, the Bombay High Court asked the maternal grandfather to handover the child’s custody to the father at the police station later in the day.A division bench of Justices AS Gadkari and PD Naik denied to look at video footage of the child screaming for help and then physically fighting off the father while...
‘Horizontal Quota’ For A Particular Social Category Can’t Be Filled By Candidates Of Other Social Category: Orissa High Court
The Orissa High Court has clarified that unlike ‘vertical reservation’ in which principle of mobility is applicable, ‘horizontal reservation’ for a particular social category can only be granted to candidates coming under that social category and not beyond that. For example: horizontal quota meant for unreserved category women cannot be occupied by SC/ST/OBC category...
Bombay High Court Quashes Income Tax Proceedings On The Ground That S. 148 Notice Was Served On Secondary Email Id Provided In PAN
The Bombay High Court has set aside the proceedings initiated by the revenue authorities against the assessee for non-compliance of the reassessment notice issued under Section 148 of the Income Tax Act, 1961, on the ground that the notice was served on the secondary email id registered with the PAN database instead of the registered primary email id or the updated email id mentioned by...
Delhi High Court Monthly Digest - February 2023 [Citations 103 - 186]
Citations 2023 LiveLaw (Del) 103 to 2023 LiveLaw (Del) 186NOMINAL INDEXPink City Expressways Pvt Ltd versus Aaron Security & Services Pvt Ltd 2023 LiveLaw (Del) 103GMR Pochanpalli Expressways Limited v. NHAI 2023 LiveLaw (Del) 104M/s Raj Chawla and Co. Stock & Share Brokers versus M/s Nine Media & Information Services Ltd. & Anr. 2023 LiveLaw (Del) 105SONAM RAWAL v. UNIVERSITY...
[Maharashtra Prison Rules] Set Off & Remission Included For Calculating Period Of Incarceration To Determine Parole Eligibility: High Court
The Bombay High Court held that the period of incarceration that prisoner has undergone has to be calculated including the period of set off and remission to determine eligibility for parole or furlough under the Maharashtra Prison (Parole and Furlough) Rules.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes sitting at Nagpur while setting aside rejection of a...
'Poor Labourer' : Supreme Court Reduces Fine Amount From Rs 2 Lakhs To Rs 50K For Rape-Murder Convict; Upholds Life Sentence
The Supreme Court on Tuesday reduced the fine amount from Rs. 2 lakhs to Rs. 50,000 to a daily wage labourer who was convicted of murder and rape of a minor girl. However, the Court did not interfere with the life sentence imposed on him by the trial court. A Bench of Justices Ravindra Bhat and Dipankar Datta noted that the convict came from a financially strapped background....
Legal Services Authority Misinterpreted: Karnataka High Court Quashes Notices Demanding Excess Sitting Fees Drawn By Former Lok Adalat Member
The Karnataka High Court has quashed the Demand notice/Communications issued by the Karnataka State Legal Services Authority, (KSLSA) and District Legal Services Authority (DLSA), to a former (now deceased) Member of the Permanent Lok Adalat, seeking to recover excess sitting fees drawn by him.A single judge bench of Justice Jyoti Mulimani allowing the petition filed by B. Ranganath...
Once Teacher Is Appointed To Sanctioned Post In Aided School, Govt Cannot Refuse Approval Citing Fall In Student Strength: Madras High Court
While dismissing an appeal filed by the State of Tamil Nadu, the Madras High Court recently observed that once a teacher is appointed to a sanctioned post in an aided school, the Government cannot refuse its approval.Justice R Subramanian and Justice K Govindarajan Thilakavadi further noted that while deciding the number of teachers to be appointed, what has to be looked into is the number...