High Courts
Authorities Must Monitor, Prevent Illegal Hoardings From Coming Up To Ensure Safety Of Public During Monsoons: Karnataka HC
The Karnataka High Court on Monday directed authorities to ensure the safety of pedestrian and vehicular traffic in the monsoon season and not be complacent in their duty of monitoring and preventing hoardings/flexes which are put up illegally on footpaths and roads in the city of Bengaluru.A division bench of Chief Justice N V Anjaria and Justice K V Aravind while hearing a batch of...
Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges
A Division bench of the Chhattisgarh High Court recently confirmed the 2020 order of the Single Judge upholding the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the High Court. A bench comprising Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu observed that the single Judge's order was based on applying a...
Armed Forces Tribunal Can Examine Legality Of 'Displeasure Award' Passed By Army Authorities: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the "Displeasure award" passed by armed forces authorities can be examined by the Armed Forces Tribunal (AFT).A “displeasure” is a censure awarded to military personnel for dereliction of duty. In the present case, a commissioned officer was awarded a "displeasure" after a matrimonial dispute with his wife led to...
Kerala High Court Weekly Round-Up: August 5 - August 11, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 506 – 522]Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 506Bar Council of Kerala and Others v Unnikrishnan H. and Others, 2024 LiveLaw (Ker) 507K. S. Sivarajan v State of Kerala and Others, 2024 LiveLaw (Ker) 508Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd, 2024 LiveLaw (Ker) 509P. M. Kurian v Deepa...
Clear & Unequivocal “Charge” Rather Than Mere Allegations Essential For Sustaining Preventive Detention Orders: J&K High Court
The Jammu and Kashmir and Ladakh High Court has emphasised the necessity of a clear and unequivocal charge rather than mere allegations for the sustainability of preventive detention orders.A bench comprising Justices Atul Sreedharan and Puneet Gupta underlined that the grounds of detention must lay down the charge against the detinue that is precise, unequivocal and unambiguous. “The...
Govt's Administrative Directions Cannot Substitute Statutory Rules, Can Only Fill Gaps When Law Is Silent: Chhattisgarh HC
In a recent case, the Chhattisgarh High Court held that it is impermissible for the Government to change or amend the statutory rules via administrative decisions. However, the court stated that in case the rules are silent on certain points, then there's no impediment in filling the gaps or supplementing the rules through administrative/executive decisions. “It is the settled proposition...
Non-Commercial Quantity, No Minimum Sentence Prescribed: MP High Court Releases NDPS Accused Imprisoned For Over 2 Yrs
The Madhya Pradesh High Court at Indore has released an accused who was booked for the possession of 6kgs of ganja in 2016 and had been sentenced to three years of rigorous imprisonment.The court noted that the accused had undergone more than 2 years of imprisonment and released him from custody while enhancing the fine amount imposed by the trial court. The bench of Justice Prem Narayan...
Govt Employees On Probation Not 'Temporary Employees', Cannot Be Terminated Without Departmental Action: Rajasthan High Court
Rajasthan High Court has affirmed that a government employee who has been appointed by a regular mode of selection, and is on probation, cannot be treated as a temporary government employee whose services can be terminated by giving one month notice under Rule 23-A of the Rajasthan Service Rules 1951 (“the Rules”) which is meant for temporary employees.The bench of Justice Mahendra...
Kerala HC Admits Plea Challenging State Co-Op Bank's Award Of Tender For Supplying Micro-ATM Machines To Sub-Dealers Of Chinese Manufacturer
The Kerala High Court has admitted a plea challenging the decision of Kerala State Co-operative Bank to award the tender of supplying 2,000 micro ATM machines to certain companies who are sub-dealers of a Chinese Manufacturer.The plea alleged that the usage of micro ATMs by Chinese Manufacturers in sensitive sectors like banking is a security hazard to the nation. It argues that allowing...
Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi...
[POCSO] Victim's Emotional Well-Being Must Be Balanced With Rights Of Accused: Rajasthan HC Grants Parole To Father Convicted Of Raping Daughter
The Rajasthan High Court has allowed a petition for 15 days of parole filed by a father convicted of raping his daughter. The convict had absconded during his first parole which was granted in 2018 and his father had denied giving any undertaking for his conduct during his application for second parole in 2022.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman...
'Public Place' U/S 294(b) IPC Includes Areas Where Obscenities Can Cause Annoyance To Those In Vicinity, Not Limited To Public Spaces Alone: Kerala HC
The Kerala High Court recently held that when an obscene act is committed to the annoyance of others in any public place in or near any public place attracts an offence under Section 294 of the Indian Penal Code.Justice A. Badharudeen added that 'in or near public place' mentioned in Section 294 (b) of the IPC is wide enough to include areas in the vicinity of public places and does not limit...