25% Reservation Applies To Both Entry Levels Under RTE: Karnataka HC [Read Judgment]

As per Section 12(1)(c), read with the proviso, no school has the option to pick and choose one entry level to provide reservation. The Karnataka High Court, in the case of Soujanya Patel Trust & Ors vs State of Karnataka & Ors, has held that reservation to the extent of at least 25 per cent under the RTE Act applies to both the entry levels, if the school is imparting education at...

Nomination Doesn’t Amount To Will In Law: Delhi HC [Read Judgment]

The Delhi High Court, in the case of Rampali vs The State Govt of NCT of Delhi, has reiterated that nomination is not a Will in law and in the absence of any Will, only legal heirs (as per the Hindu Succession Act) shall be entitled to inherit the property of the deceased.In the present case, an appeal was filed to revoke the trial court’s order of dismissal of Rampali’s (deceased’s...

Bombay HC Quashes Show Cause Notice Against Hotel Owner For Altercation Over Demonetised Notes [Read Judgment]

The Bombay High Court has quashed and set aside a show cause notice issued by a special executive magistrate over an FIR filed by the customers of a hotel regarding their altercation with the hotel owner over demonetised notes.The incident, which occurred on November 10, 2016, was two days after the Central government’s decision to demonetise Rs. 500 and Rs. 1,000-denomination currency...

Complainant Can’t Pick & Choose Accused As Per Convenience: Bombay HC [Read Judgment]

The Bombay High Court has refused to quash an FIR registered for offences punishable under Sections 420, 406, 467, 471 and 34 of the Indian Penal Code, even though the complainant and the respondents claimed to have “settled matters amicably”.A bench of Justice SC Dharmadhikari and Justice PD Naik was hearing a writ petition filed by one Anita Dias seeking quashing of FIR filed against her...

SC Rejects Plea To Incorporate Sikh History In School Syllabus Across India [Read Order]

What shall be taught in the schools or what shall be included in the syllabus of all classes cannot be directed by this court in exercise of power of judicial review, said the bench.The Supreme Court has rejected a plea to incorporate detailed life history and teachings of all 10 Sikh Gurus along with Guru Granth Sahib in syllabus of all classes in history books for teaching.Subhash...

Accused Can’t Claim Unfettered Right To Inspect Case Diary: SC [Read Judgment]

The High Court of Uttarakhand had allowed an accused’s plea to use the case diary to contradict the policeRejecting the plea of an accused facing trial to produce certain pages of police diary obtained by him through RTI for the purpose of contradicting the police officer, the Supreme Court in Balakram vs State of Uttarakhand, has reiterated that the accused cannot claim unfettered right...

Inform All HCs About Pendency of ‘Senior Designation’ Matter In SC: SC

Supreme Court of India on Monday has asked the Secretary General of the Court to inform all high courts about the pendency of the ‘senior designation’ matter before it, by next weekThe bench headed by Justice Ranjan Gogoi also  asked the counsel, appearing for Registrar General of Apex Court to inform whether  designation issue is on the agenda for full court or not .The court was...

Boarding School Bound To Take Proper Care & Give Due Attention To Ward: Kerala HC [Read Judgment]

The school authorities owed a duty to the parents of the child to take proper care and give due attention to the child, the bench said.The Kerala High Court has observed that the school authorities, while accepting a ward in their boarding house, are required to take all adequate and prudent steps in relation to the welfare of the child, as they stand in loco parentis in so far as the child...

Gujarat HC Quashes Sardar Patel University Resolution Sacking 1100 Lecturers [Read Judgment]

The Gujarat High Court, in the case of Parth Bipanchandra Patel & Ors vs Sardar Patel University & Ors, set aside a resolution passed by Sardar Patel University which had declared the appointment of 1100 lecturers as void ab initio.A Bench comprising of Chief Justice R Subhash Reddy and Justice Vipul M Pancholi termed the resolutions sacking the lecturers as arbitrary and illegal....

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court held that there cannot be a fresh FIR on receipt of every subsequent information in respect of the same cognizable offence or the same incident giving rise to one or more cognizable offences.The High Court ordered a probe into Lakhan Bhaiyya fake encounter case.Justice KR Shriram of the High Court on Friday directed its registry to issue suo-motu...

Universities Not Under Government Control, They Can Act Independently: Kerala HC [Read Judgment]

Kerala High Court has recently held that Universities are not subservient to the Government but are expected to act autonomously and independently under the provisions of the Act that empowers and enlivens themJustice Devan Ramachandran, while disposing of a batch of writ petitions seeking affiliation for starting new courses/colleges, has held that universities cannot insist for obtaining...

No Previous Sanction Necessary For Ordering Preliminary Inquiry Against A Public Servant: Rajasthan HC [Read Judgment]

Rajasthan High Court has recently held that there is no requirement of previous sanction under Section 19 of the Prevention of Corruption Act for ordering a preliminary inquiry against a public servant.The Accused/petitioners argued that in view of Supreme Court Judgments in Anil Kumar & Ors. vs. M.K. Aiyappa and L.Narayana Swamy Vs. State of Karnataka & Ors previous sanction...