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Govt Employee Furnishing False Medical Certificate To Justify Absence Is Grave Misconduct Warranting Dismissal: Delhi High Court
The Delhi High Court has held that a government employee who furnishes a false medical certificate to justify unauthorised absence commits grave misconduct, warranting the penalty of dismissal from service.A division bench of Justices Anil Kshetarpal and Amit Mahajan was hearing a writ petition filed by the CAG office challenging an order of the Central Administrative Tribunal (CAT), which...
Delhi High Court Refuses To Extend Deadline For Bollywood Actor Rajpal Yadav To Surrender In Cheque Bounce Cases
The Delhi High Court today refused to extend the deadline granted to Bollywood actor Rajpal Naurang Yadav to surrender before the concerned Jail Superintendent in relation to his conviction in cheque dishonour cases.Justice Swarana Kanta Sharma rejected Yadav's application for extension of time to surrender, stating that the actor must surrender today by 4 PM. “I rejected these submissions...
Allahabad High Court Awards ₹1 Lakh Compensation To Man Wrongfully Arrested By Police Without 'Credible Information'
The Allahabad High Court recently awarded a compensation of Rs 1 Lakh to a man who was wrongfully arrested and detained by the Uttar Pradesh police in 2017 without proper investigation or credible evidence against him. A bench of Justice Arindam Sinha and Justice Satya Veer Singh noted that the fundamental right of the petitioner under Article 21 had been infringed by an arbitrary...
Solitary Incident Of Assaulting Child Is Not 'Child Abuse' Under Goa Children's Act: Bombay High Court
The Bombay High Court on Tuesday (February 3), while acquitting two women convicted for hitting their relative's child with an iron rod on his head leading to bleeding injury, held that mere solitary instance of an assault on a child cannot amount to the offence of 'child abuse' under the Goa Children's Act, 2003 Sitting at the Goa bench, single-judge Justice Sreeram Shirsat dealt with the...
Jharkhand High Court Refuses To Interfere In 25-Year-Old Lecturer Appointments, Cites Long-Standing Service and Equities
The Jharkhand High Court has declined to interfere with the appointments of three lecturers made more than two decades ago, holding that it would be unjust to unsettle appointments that have remained in place for nearly 25 years, particularly when one possible and plausible view had already been acted upon by the competent authorities.A Single Judge Bench of Justice Sanjay Kumar Dwivedi...
Once Cessation Of Threat Is Admitted By Detaining Authority, Preventive Detention Becomes Arbitrary: J&K&L High Court
Emphasising a cardinal constitutional safeguard, the Jammu and Kashmir and Ladakh High Court has recently reiterated that without a current or proximate threat to security, preventive detention becomes arbitrary and legally unsustainable.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal observed that once the detaining authority itself acknowledges that the...
Equal Pay For Equal Work Not Automatic: Delhi High Court Rejects MCD Lab Technicians' Plea For Pay Parity With Central Govt Staff
The Delhi High Court has held that the principle of “equal pay for equal work” is not automatic and cannot be invoked merely on the basis of similarity in job designation or duties, particularly when educational qualifications and recruitment rules differ.A division bench of Justices Anil Kshetarpal and Amit Mahajan thus dismissed a plea filed by an Association of Laboratory...
Madhya Pradesh High Court Holds Senior Govt Official Guilty Of Contempt For Re-imposing TET Condition, Violating Court's Earlier Directions
The Madhya Pradesh High Court has held a senior education department official guilty of willful and deliberate contempt for re-imposing a Teacher Eligibility Test (TET) requirement on a woman appointed on compassionate grounds, despite a categorical judicial finding that such qualification was not mandatory in her case.Justice Pranay Verma, while deciding a batch of contempt petitions,...
Don't Disclose Sexual Assault Victim's Name, Address In Status Reports Or Documents: Delhi High Court To Police
The Delhi High Court has directed the Delhi Police to ensure that name, parentage or address of victim of sexual assault are not disclosed in the status reports or documents filed in the Court. Justice Swarana Kanta Sharma requested the Commissioner of Police to reiterate appropriate instructions to all SHOs and Investigating Officers, in strict compliance with law.While dealing with a...
NBFC Status Of Corporate Debtor And Insolvency Jurisdiction
In insolvency litigation, one of the most frequently raised preliminary objections is that the Corporate Debtor is a “Financial Service Provider” (“FSP”) and hence immune from the rigours of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The exclusion under Section 3(7) for the FSP is frequently used as a jurisdictional shield to delay or defeat admission of insolvency petitions. The difficulty arises where an entity once held NBFC registration but had lost that status before initiation of...
Custodial Death Compensation: Kerala High Court Closes Suo Motu Case As State Finalises SOP For Collection Of Prisoners' Legal Heirs Data
The Kerala High Court on Wednesday (04 February) disposed of the suo motu proceedings on custodial deaths and compensation to the legal heirs of the deceased inmates as the State informed that the Standard operating Procedure (SOP) for collection of data has been finalised.The division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M disposed of the petition. The Court...