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Wakaf Includes Wakaf By User, Religious Properties Like Rauza Or Ziarat Do Not Require Proof Of Dedication: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that the definition of Wakaf under the Jammu & Kashmir Wakaf Act, 1978 includes not only properties permanently dedicated by a person professing Islam but also Wakaf by user, such as Masjid, Dargah, Khankah, Maqbara, Rauza, Mausoleum, and Ziarat. The Court clarified that such religious properties do not require any formal dedication to...
SC Judgment Didn't Hold Breath Analyzer Test Is Inconclusive Proof Of Alcohol Consumption: Patna High Court Clarifies
The Patna High Court has held that the Supreme Court in the case of Bachubhai Hassanalli Karyani -Vs- State of Maharashtra(1971) did not hold that a breath analyser test is inconclusive proof of alcohol consumption.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar held that the SC judgment did not lay down any proposition that the Breath Analyser Report is not...
State Can't Deny Paid Maternity Leave To Employees Citing 80-Day Work Rule, Has To Ensure Welfare Measures: MP High Court
The Madhya Pradesh High Court has held that Section 5(2) of the Maternity Benefit Act which bars the benefit of maternity leave unless a woman has worked for 80 days in 12 months, does not apply to establishments of the State Government. The bench of Justice Vishal Dhagat held, "Section 5(2) of the Act of 1961, bars benefit of maternity leave unless woman has worked for 80 days in 12 months....
Why Supreme Court's Call For Statutory Paternity Leave Law Is A Major Step Forward
The arrival of a child is often described as one of life's most profound milestones. However, in India, the laws and social norms have long been focused towards the single narrative that childcare is almost exclusively the mother's responsibility. While our laws have made significant strides in protecting the rights of working mothers, the role of the father has remained largely invisible in our statutes. This long-standing imbalance has recently come under the judicial scanner. The Supreme...
Pendency Of Criminal Case With General Matrimonial Allegations No Ground To Deny Job: Allahabad High Court
The Allahabad High Court has held that an employer cannot deny appointment for mere pendency of criminal case against the candidate, which arises out of matrimonial dispute. Referring to the decision of the Supreme Court in Avtar Singh v. Union of India, Justice Karunesh Singh Pawar held,“...the pendency of the criminal case, based on general allegations arising out of a matrimonial...
NCERT Book Row : Blacklisted Academics Request Supreme Court To Hear Them
The three academics, who were blacklisted by the Supreme Court for writing a chapter on corruption in judiciary in the Class 8 Social Science textbook of the NCERT, appeared through their lawyers before the Court today, seeking an opportunity of hearing.They have filed personal affidavits, explaining the context in which they wrote the chapter.On March 26, the Court had barred the...
MP High Court Allows 19-Year-Old Woman To Live With Partner Of Choice After She Rejects Husband, Parents
The Madhya Pradesh High Court recently allowed a 19-year-old married woman to reside with a partner of her choice, after she expressed unwillingness to reside with her 40-year-old husband who she alleged had ill-treated her. In doing so the court appointed 'Shourya Didis' in the woman's "best interest" thereby upholding her right to personal liberty. For context, "Shourya Didi" refers to a...
Historical Books Can't Prove Private Property Title; S.57 Evidence Act Limited To Matters Of Public History: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that while courts may, under Section 57 of the Evidence Act, resort to appropriate books or documents of reference on matters of public history, the question whether a person holds title to a particular property cannot be treated as a matter of public history. Historical works cannot be used to establish title to property, as such...
'Should You Be Spared?': Karnataka High Court Declines To Quash FIR Against Airport Staff Booked For Sexually Harassing Korean Woman
The Karnataka High Court on Monday (April 06) refused to quash a criminal case registered against an airport staff accused of sexually harassing a south Korean national at the Kempegowda International Airport, and strongly disapproved of the officer's conduct.“…She is a woman of another nation. She has described what all you did. Why did you take her to a gent's toilet?...”, Justice...
State Must Prioritise Its Own Employees For Promotion Over Deputationists: P&H High Court To Chandigarh Admin
The Punjab and Haryana High Court has held that the State is bound to consider the interest of its own employees for promotion on a higher pedestal as compared to persons brought through deputation or transfer. The Court observed that service rules must not operate to prejudice promotional avenues of existing employees in favour of external entrants.A division bench of Justices Harsimran...