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S.395 IPC | Benefit Under Probation Of Offenders Act Not Available For Dacoity Convicts: Delhi High Court
The Delhi High Court has held that the benefit of probation under the Probation of Offenders Act, 1958 can't be extended to persons convicted for the offence of dacoity under Section 395 IPC, as the offence is punishable with imprisonment for life.Section 4 of the Probation of Offenders Act empowers Courts to release certain offenders, not guilty of an offence punishable with death...
Auto Rickshaw Permit | After HP High Court Terms 'Self-Driving' Condition Arbitrary, State Relaxes Rules For Widows & Incapacitated Owners
The Himachal Pradesh High Court recently disposed of a writ petition after the State Transport Authority (STA) issued new instructions relaxing the condition requiring an auto-rickshaw owner to personally drive the vehicle as a prerequisite for the grant of a permit. The relaxation was made after the High Court observed that the rigid restriction was unreasonable and arbitrary, as it failed...
'Executive Resolution Cannot Override Recruitment Rules': Delhi High Court Directs Jamia To Consider Assistant Librarians For Promotion
The Delhi High Court has held that the executive decision of the University cannot override existing Recruitment Rules unless formally amended.The division bench of Justices Subramonium Prasad and Vimal Kumar Yadav thus dismissed an appeal filed by Jamia Millia Islamia, against a Single Judge order directing it to consider eligible Assistant Librarians for promotion to the post of...
Similarity In Wrong Answers Or Regional Concentration Of Successful Candidates Not Proof Of Exam Scam: Punjab & Haryana High Court
The Punjab & Haryana High Court has dismissed a plea seeking cancellation of the entire recruitment process conducted pursuant to Advertisement Haryana Senior Assistant-cum-Inspector, holding that mere similarity in incorrect answers, regional concentration of successful candidates, or post-result dissatisfaction of unsuccessful candidates cannot justify quashing a recruitment process in...
Gauhati High Court Declines Compassionate Appointment Due To Delay But Grants Compensation For 'Arbitrary' Rejection
In a writ petition seeking a direction for fresh consideration of a compassionate appointment claim, the Gauhati High Court has held that such relief cannot be granted where nearly 13 years have elapsed since the death of the employee, observing that compassionate appointment is meant to provide immediate relief and must be proximate to the date of death, and that in the present case the...
Supreme Court's 'Bulldozer Justice' Verdict Not A Shield For Illegal Constructions: Jharkhand HC Refuses To Stay Demolition In Jamshedpur
The Jharkhand High Court has refused to modify its earlier order directing the demolition of illegal constructions in Jamshedpur. The Court held that the Supreme Court's decision In Re: Directions in Matter of Demolition of Structures, does not assist the applicants, as that judgment was rendered in the context of "bulldozer justice" and not in cases involving illegal constructions raised...
Restitution Of Conjugal Rights | Wife Living Separately For Job Is 'Reasonable Excuse' U/S 9 HMA: Jharkhand High Court Rejects Husband's Appeal
The Jharkhand High Court has held that the orthodox concept of a wife and the expectation that she must subordinate her life and career to the wishes of her husband has undergone a "revolutionary change", and that a married woman has a right to stand financially on her own feet and oblige society as a professional woman.A Division Bench comprising Justice Sujit Narayan Prasad and Justice...
Anticipatory Bail for Proclaimed Offenders: The Evolution of Law
For a considerable period of time, the law relating to anticipatory bail in cases where an accused had been declared a proclaimed offender appeared to be settled—almost rigidly so. Courts across the country routinely dismissed applications under Section 438 CrPC once proclamation proceedings were brought to their notice. The declaration of an accused as a proclaimed offender came to be treated as a near-absolute bar to the exercise of anticipatory bail jurisdiction. The focus of judicial...
NDPS Act | Search By Gazetted Officer Who Is A Member Of Raiding Party Doesn't Satisfy Section 50: Bombay High Court Acquits Kenyan Man
When a person, while being searched, is informed that he will be searched in the presence of a 'Gazetted' Officer, who is also member of the raiding party, then the same would not amount to 'compliance' to the mandatory provision of section 50 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, held the Goa Bench of the Bombay High Court while acquitting a Kenyan Nation, who...
'Can't Remain Silent Spectator': MP High Court Orders Disciplinary Proceedings Against Police Officer For 'Shielding' Accused
The Madhya Pradesh High Court, on Friday (January 30), directed the Competent Authority to initiate departmental disciplinary proceedings against a police officer for shielding an accused. The bench of Justice Milind Ramesh Phadke observed; "The conduct of respondent No.2 in the present matter reflects a disturbing and alarming disregard for the rule of law, the authority of the Court, and...