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Heat As An Occupational Hazard: Enforcement Gap In India's Labour And Climate Law
The WHO now treats extreme heat as an occupational risk demanding accountability. Indian law, even after the new labour codes, still treats it as weather. That gap is where the duty of care goes to die.When roughly 45,000 factory workers walked off the floor in Noida and Greater Noida this April, the stated demands were wages, fixed hours and overtime, and the state read the protest, which turned violent by its fourth day, as a law-and-order problem. But the workers at its centre, in garment,...
Pensioner Has Duty To Inform Authorities If Full Pension Is Paid Despite Commutation, Recovery Valid: Uttarakhand High Court
The Uttarakhand High Court has held that where a pensioner continues to receive full pension despite having already received the commuted value of pension, it is the pensioner's duty to inform the authorities if the department inadvertently fails to make the stipulated monthly deductions. The Court observed that a pensioner cannot retain amounts wrongly received due to such an...
Exclusion Of Caste From List Of Scheduled Castes At Later Date Cannot Take Away Promotion Granted Earlier: Gujarat High Court
The Gujarat High Court has ruled that benefit of caste reservation granted to a person belonging to Schedule Caste cannot be halted midway on exclusion of the concerned caste from the list of Scheduled Castes. In doing so the court quashed the demotion of an official who was promoted earlier based on his caste, but was later demoted after the caste he belonged to was excluded from list...
Judge Need Not Recuse From Hearing RBI Employee's Plea Merely Because He Appeared For RBI As Lawyer: Bombay High Court
The Bombay High Court has rejected a litigant's demand that a Judge recuse from hearing a matter merely because, while at the Bar, he had appeared as counsel for the Reserve Bank of India (RBI). The Court observed that accepting such a contention as a general principle would make it impossible for any Judge who had represented the Government or public bodies during legal practice to hear...
Know The Law | Factors To Be Considered While Sentencing A Convict? Supreme Court Explains
The Supreme Court laid down the set of principles which must necessarily guide the decision on sentencing. A bench of Justice Sanjay Karol and Justice Augustine George Masih laid down the following aspects which must be considered while deciding on sentencing: “(a) Be in accordance with the nature and gravity of the crime; (b) Adequately protect the interest of the society; (c) Take...
Bengaluru Court Grants Anticipatory Bail To KPSC Chairperson's Daughter In 'Fake' Family Income Certificate Case
A Session Court in Bengaluru granted anticipatory bail to Suma S Sahukar, daughter of Karnataka Public Service Commission (KPSC) Ex-Chairman Shivashankarappa S. Sahukar, for allegedly creating fake income certificate to claim reservation benefits. LXII Additional City Civil and Sessions Judge Raghavendra S. Channabasappa, on Friday made absolute an earlier interim anticipatory bail granted to Suma Sahukar on July 14. For context, on July 14 the court had granted interim anticipatory...
Can POCSO Court Frame Charges Without Hearing Accused On Discharge? Andhra Pradesh High Court Answers
The Andhra Pradesh High Court has held that a POCSO Special Court cannot frame charges without first affording the accused an effective opportunity of hearing on the question of discharge as contemplated under Sections 250 and 251 BNSS.Clarifying that the POCSO Act's mandate for expeditious trials does not override the accused's statutory right to seek discharge, the Court observed that...
No Legal Basis To Deny Woman Jailor Promotion As Recruitment Rules Make No Gender Distinction: Tripura High Court
The Tripura High Court has held that, in the absence of any provision in the Recruitment Rules prescribing gender-based restrictions, a Female Jailor cannot be denied consideration for promotion to the post of Deputy Superintendent (Home) Jail solely on the ground of her gender. The Court observed that the applicable Recruitment Rules do not distinguish between male and female Jailors...
Who Speaks For The Indian Bar?
On 23 July, a press release went out on the letterhead of the Bar Council of India. It carried the Council's insignia, its address on Rouse Avenue, its telephone and its fax number. It was addressed to the "intellectuals of the country". It said that the students protesting in Delhi are not students at all.I want to set the politics aside for a moment and ask the question that comes before the politics. By what authority was this document issued?The Bar Council of India is not a club and its...
S.482 BNSS | Accused Need Not Surrender Before Jurisdictional Magistrate To Avail Anticipatory Bail: Andhra Pradesh High Court
The Andhra Pradesh High Court held that Section 438 CrPC/Section 482 BNSS does not require an accused to surrender before the jurisdictional Magistrate as a condition for availing anticipatory bail. While modifying the Sessions Court's direction requiring the petitioner to surrender before the jurisdictional Magistrate within seven days, the Court observed that an anticipatory bail order...
Convict's Age, Physical Fitness Alone Cannot Justify Denial Of Premature Release: Meghalaya High Court
The Meghalaya High Court has held that a convict's age, physical fitness, and the gravity of the offence cannot, by themselves, form the sole basis for rejecting a plea for premature release. Observing that the object of remission is to assess the prisoner's reformation, the Court ruled that any determination regarding the likelihood of a convict committing future offences must be based...