NCTE Act | Deemed Recognition Is Without Any Limitation Or Time Bar When Conditions Are Satisfied: Gauhati High Court

A single judge bench of Justice Achintya Malla Bujor Barua of the Gauhati High Court held that under the National Council for Teacher Education Act, 1993, 'deemed recognition' is given to institutes if they satisfy three conditions, namely:(i) the institutes are funded by the Central Government or the State Government or the Union Territory; (ii) have offered a course of training in...

Appeal U/S 372 CrPC For Enhancement Of Punishment Not Maintainable: Allahabad High Court

The Allahabad High Court has reiterated that an appeal filed under Section 372 CrPC is not maintainable if it has been filed seeking enhancement of punishment awarded to the accused.It may be noted that Section 372 CrPC provides a right 'victim' [as defined under Section 2w (wa) of the Cr.P.C.] to move an appeal on three grounds namely(i) When the accused person(s) have been acquitted;(ii)...

Suit For Possession | Weakness In Case Set-Up By Defendant Does Not Automatically Strengthen Plaintiff's Case In Absence Of Proof Of Title: P&H HC

The Punjab and Haryana High Court has held that in case the plaintiff in a suit for possession and mandatory injunction fails to satisfy the court regarding their right, title or interest in the suit land they cannot seek possession of the same or seek a mandatory injunction against the defendant-respondents qua the same.The bench comprising Justice Alka Sarin further added weakness in the...

Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC

The Allahabad High Court has observed that in absence of cogent evidence that the Murder accused was in the house with the deceased at the relevant time, the provisions of Section 106 of the Evidence Act can not be pressed into service to put the onus on him to explain as to under what circumstances the deceased died.With this, the bench of Justice Manoj Misra and Justice Syed Aftab Husain...

Order For CBI Probe Takes Away Right Of Police To Discharge Their Statutory Duties, Should Not Be Passed In Routine: Calcutta High Court

The Calcutta High Court's circuit bench at Jalpaiguri has "unconditionally" stayed a single bench order directing the Central Bureau of Investigation to probe into alleged irregularities in transfer of a government school teacher.A bench consisting a bench of Justices Bivas Pattanayak and Ravi Krishan Kapur observed that orders or directions on the CBI to conduct an investigation are not to...

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case

"...no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream," the Allahabad High Court recently observed as it modified the sentence of an accused convicted under Section 304 Part 1 IPC.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi...

Non-Renewal Of Contract During Probation Does Not Amount To 'Retrenchment' Under Industrial Disputes Act: Gujarat High Court

The Gujarat High Court has held that termination of service because of non-extension of probation does not amount to 'retrenchment' under Section 2(oo)(bb) of the Industrial Disputes Act.Consequently, Justice Biren Vaishnav set aside an order of the Labour Court reinstating the Respondent-workman to the position of a 'Community-Organiser-Cum-Trainee' in the Petitioner-Trust."Viewed from...

Absorption Not In Consonance With Established Rules: Madras HC Confirms TASMAC Order Demoting Supervisor To Salesman

The Madras High Court recently confirmed the order of the Managing Director of TASMAC to revert an employee from the post of Supervisor to the post of Salesman after observing that his absorption/promotion was not made in accordance to the established rules or principles. The employee had approached the court seeking to quash the order of the Managing Director. Justice SM...

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother

The Gujarat High Court has handed over the custody of an old and ailing couple to their younger son in a habeas corpus petition filed by the latter alleging mis-treatment and illegal detention of his parents by his elder brother, the Respondent. A division bench of Justices Vipul Pancholi and Sandeep Bhatt expressed shock at the Respondent's conduct in chambers, labelling his mother as...

Loan Fraud | Bank Can't Initiate Criminal Proceedings When Borrower's Declaration As 'Wilful Defaulter' Is Stayed By Court: Karnataka HC

The Karnataka High Court has quashed an FIR registered by CBI's Banking Securities Fraud Branch against Steel Hypermart India and its founder for alleged bank fraud of over Rs. 200 crore. A single judge bench of Justice M Nagaprasanna observed that the company's declaration as a 'wilful defaulter' was stayed by the Court and the matter is pending before the Review Committee of the Indian...

Gauhati High Court Upholds IOCL Law Officer Appointment Through CLAT-PG Rankings

The Gauhati High Court has upheld an advertisement issued by the Indian Oil Corporation last month for filling up posts of Senior Law Officer through CLAT-PG rankings.A single judge bench of Justice Michael Zothankhuma stated that an employer would know best the type of candidate they require and there is no discrimination or arbitrariness in the employer prescribing the essential...

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court

The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband.The Court noted that the husband was not the owner of the properties whose list was furnished to the Executing Court and so the...