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Habeas Corpus Plea Not Substitute To Custody Proceeding Available Under Guardianship Act: Punjab & Haryana High Court
The Punjab and Haryana High Court has observed that a habeas corpus petition cannot serve as a substitute for custody proceedings under the guardianship laws like Hindu Minority and Guardianship Act. It clarified that High Court can intervene only when it is clear case of illegality.Justice Sumeet Goel said,"The High Court's jurisdiction to issue a writ of Habeas Corpus in minor child...
Chhattisgarh High Court Initiates Suo Moto Case Over Railway's Refusal To Fund Treatment Of Electrocuted Contract Worker "Battling For Life"
The Chhattisgarh High Court has taken suo-motu cognisance of Railway Department's refusal to the fund the treatment of a young contract worker "battling for his life" after coming in contact with an Overhead Equipment (OHE) while repairing a leakage at the Railway Coaching Depot.While the Railway officials were reported to have attempted to "distance themselves" from the responsibility,...
Govt Employee's Transfer Is Not Vitiated Merely Due To Being Made Upon Recommendation By MLA: Karnataka High Court
The Karnataka High Court has said that the transfer of a government employee would not be vitiated for being made solely at the instance or recommendation of a Member of Legislative Assembly (MLA).A division bench of Justice S G Pandit and Justice K V Aravind said thus while dismissing the petition filed by S Venkateshappa, a Tashildar, challenging the order of the Karnataka...
Fatigue-Detection Cameras, Police Verification: Kerala High Court Upholds Mandatory Safety Measures For Public Transport Operators
The Kerala High Court has upheld the State Transport Authority's (STA) decision mandating installation of surveillance cameras with fatigue-detection sensors, geo-fencing technology, and compulsory production of Police Clearance Certificates(PCCs) for transport personnel.Justice Mohammed Nias C P, delivered the judgment dismissing a batch of writ petitions petitions filed by stage...
'Practice Seriously Deprecated': Allahabad HC Takes Exception To Advocate Addressing Court Sans Filing Vakalatnama Or Authority Letter
The Allahabad High Court recently took strong objection to an advocate addressing the Court without any Vakalatnama or authority letter from the client, observing that such a practice is 'detrimental' to the litigants on behalf of whom such an advocate is appearing. A Division Bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi deprecated this practice while...
Supreme Court Issues Notice To Union & BCI On Plea To Bring Bar Councils Under POSH Act For Women Advocates
A PIL has been filed in the Supreme Court seeking declaration that the protections under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 extend to women advocates who are registered with State Bar Councils and practicing before courts.The petition also seeks directions to Bar Councils and Bar Associations to constitute Internal Committees to hear...
[S.91 CrPC] Accused Cannot Be Summoned To Produce Incriminating Evidence Against Himself: Calcutta High Court
The Calcutta High Court has held that an accused cannot be summoned under section 91 of the CrPC to provide incriminating material against himself, which would be used against him in trial.Justice Partha Sarathi Sen held: "It thus appears to this Court that from the series of reported decision as cited from the Bar it would reveal that it was never the legislative intent while enacting Section...
Recruitment Process Carried Out As Per Statute Can't Be Arbitrarily Scrapped Midway Through Govt Order : Supreme Court
Setting aside the Tripura Government's decision to scrap ongoing recruitments midway and replace them with a fresh process under the New Recruitment Policy, 2018 (“NRP”), the Supreme Court on Thursday (Aug. 28) ruled that executive instructions cannot override statutory recruitment processes and the rules governing them. The Court said that “executive instructions issued under...
Supreme Court Allows YSRCP Member Pedda Reddy To Have Police Security At Own Expense
The Supreme Court today(August 29) kept in abeyance an August 20 interim order passed by the Andhra High Court's division bench, which suspended a single judge's order providing necessary security for YSR Congress Party former MLA Kethireddy Pedda Reddy to visit his residence in Tadipatri. Reportedly, clashes broke out after last year's election results in the backdrop of the rivalry...
Delhi High Court Reserves Order On Gautam Gambhir Foundation's Plea To Quash COVID Drugs Hoarding Case
The Delhi High Court on Friday reserved order on a plea filed by Indian cricket team head coach Gautam Gambhir, his foundation and its members seeking quashing of a case involving allegations of hoarding and unlicensed distribution of drugs during the second wave of COVID-19 pandemic.Justice Neena Bansal Krishna reserved the verdict after hearing Advocate Jai Anant Dehadrai appearing for...
Bihar Police Recruitment: 17 Yrs On, High Court Grants Relief To 252 Candidates Denied Post Despite Higher Merit
The Patna High Court directed the State to appoint 252 candidates as Sub-Inspectors in Bihar Police under a 2004 advertisment, holding that denying them appointment despite having higher marks than 133 already appointed candidates violates their fundamental rights under Articles 14 and 16 of the Constitution. Justice Arvind Singh Chandel delivered the judgment while allowing three writ...







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