High Courts
Economic & Public Interest Valid Grounds For Initiating LOCs Provided They Are Founded On Substantial Material: J&K High Court
Clarifying the scope under which Look Out Circulars (LOCs) can be issued, the Jammu and Kashmir and Ladakh High Court has ruled that LOCs can be used against individuals if their departure from the country would be detrimental to the economic or public interests, provided the decision is based on substantial material.“It is to be borne in mind that issuance of LOCs under the aforesaid grounds is to be resorted to only in exceptional cases and it has to be shown that the person concerned is...
Allahabad High Court Rejects PIL For Release Of Justice Rohini Commission Report On OBC Sub-Categorisation
The Allahabad High Court has rejected a PIL seeking direction to Union Government for publishing report dated 21.07.2023 of Justice Rohini Commission.On 2nd October 2017, Justice Rohini Commission, headed by Justice G. Rohini, was formed for sub-categorization of Other Backward Classes (OBC) caste groups to ensure more equitable distribution of reservation benefits among OBCs in India.Petitioner sought a writ of mandamus for release of the report which was submitted in 2023. Per contra, counsel...
Delhi High Court Orders Action Against Use Of Oxytocin In Dairy Colonies, Directs Police Investigation
The Delhi High Court has ordered action against the use of spurious Oxytocin hormone in dairy colonies in the national capital and directed that the cases registered be investigated by jurisdictional police stations. A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that administering Oxytocin amounts to animal cruelty and is a cognizable offence under Section 12 of the Prevention of Cruelty to Animals Act, 1960. “…consequently, this Court directs the...
Kerala High Court Declines To Stay Circular By Motor Vehicles Dept Prescribing Stricter Conditions For Driving Tests
The Kerala High Court today declined to pass an interim order staying the implementation of the circular dated February 25, 2024 issued by the Transport Commissioner. The circular was issued by the Motor Vehicles Department prescribing additional conditions regarding the usage of vehicles for driving tests.Justice Kauser Edappagath declined to grant an interim order and held thus:“I see no reason to grant a stay for the implementation of the circular. The interim reliefs sought for are...
Party Not Contacting Counsel For 6 Yrs, Can't Seek Delay Condonation Alleging Lawyer Didn't Inform About Disposal: Allahabad High Court
Recently, the Allahabad High Court dismissed a special appeal which was filed against order the Single Judge dismissing the writ petition for a delay of 6 years.Petitioners filed revision under Section 219 of the U.P. Land Revenue Act, which was dismissed vide an ex-parte order by the revisional authority in 2016. Thereafter, in 2022, petitioners filed a recall application against the ex-parte order along with a delay condonation application. In the delay condonation application it was alleged...
Workman Can't Claim Promotion When His Services Are Not Regularized, Punjab And Haryana High Court Dismisses Writ Petition
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that a workman cannot claim promotion at a date when his services were not regularized. The bench dismissed a writ petition filed by a workman who was allegedly not promoted by the Management despite being in a higher position in the seniority list. The suit for declaration was also filed 10 years later from the date of the impugned order, which was deemed to be time-barred. Brief Facts: The Workman was...
Time For Delhi High Court To Have 'Human Rights Division' To Implement New Criminal Laws: Justice Anup Jairam Bhambhani
Justice Anup Jairam Bhambhani on Thursday said that it is time for the Delhi High Court to have a separate “Human Rights Division” to implement the new criminal laws and to redress grievances of human rights violation cases.The new criminal laws - Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam- will come into effect from July 01, 2024.“With the expanding interest in criminal justice reform, as is reflected by the enactment of the new sanhitas,...
Arvind Kejriwal In Jail As Per Judicial Orders, ECI Has No Jurisdiction Over Rights Of Undertrials In Judicial Custody: Delhi High Court
While dismissing a PIL to provide information about the arrest of a politician immediately to the Election Commission of India (ECI) when the Model Code of Conduct is in force, the Delhi High Court has said that the plea “effectively challenges” the arrest of Chief Minister Arvind Kejriwal who is in judicial custody as per judicial orders.A division bench headed by Acting Chief Justice Manmohan said that the ECI does not have any jurisdiction with respect to the rights of undertrials...
Imposing Multiple Punishments Cumulatively On Workman For One Single Act Violates Principle Of Double Jeopardy: Punjab And Haryana High Court
The Punjab and Haryana High Court (“High Court”) single bench of Justice Sanjay Vashisth held that imposition of two punishments cumulatively for one single act of the Workman violates the principle of double jeopardy. The High Court noted that the Labour Court imposed two penalties on the Workman, depriving him of one increment and back wages simultaneously. The High Court partially modified the order and directed the Management not to deprive the Workmen of the increment. Brief...
Individuals Involved In Manual Work Are Considered Workmen Under ID Act, In Absence Of Direct Oversight Over Subordinates In Supervisory Role: Bombay High Court
The Bombay High Court single bench of Justice Amit Borkar held that employees predominantly engaged in manual, skilled, and unskilled work, in absence of sufficient evidence of direct oversight of subordinate employees, qualify as 'workmen' under Section 2(s) of the ID Act. Brief Facts: The Management, an engineering company, was involved in manufacturing various products, including furniture items. Meanwhile, the Respondent was a union registered under the Trade Unions Act of 1926,...
Nuh Demolition | High Court Seeks Haryana Govt's Response In Plea Seeking Compensation, Intervention Applications In Suo Moto Matter
The Punjab & Haryana High Court today sought a response from the Haryana Government on writ petitions seeking compensation and 8 intervention applications filed in the Suo Moto case taken after a demolition drive was carried out by the Haryana Government in Nuh district.A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji was hearing the suo moto case whereby demolitions in Nuh were stayed in August 2023, following the communal clashes.The Amicus Curiae...
No Wrongdoing Can Be Attributed To Consensual Sexual Acts Between Adults Regardless Of Their Marital Status: Delhi High Court
The Delhi High Court has observed that no wrongdoing can be attributed if two consenting adults indulge in consensual sexual activity, regardless of their marital status.“While societal norms dictate that sexual relations should ideally occur within the confines of marriage, no wrongdoing can be attributed if consensual sexual activity occurs between two consenting adults, regardless of their marital status,” Justice Amit Mahajan said. The court observed that false allegations of sexual...