High Courts
Private Institutions Can Provide Compassionate Appointment But Financial Burden Will Not Lie With The State: MP High Court Clarifies
The Madhya Pradesh High Court at Jabalpur, in a case presided by Justice Vivek Jain, dismissed a plea challenging the denial of compassionate appointment. The petitioner, Kaushal Kumar Kachhawaha, sought the court's intervention following an order from the District Education Officer that allowed the private institution where his deceased father worked to appoint him on compassionate grounds...
MP HC Proposes 'Shaurya Didi' Scheme Involving Female Officers Mentoring Vulnerable Children, Survivors Of Sexual Offences To Ensure Welfare
While hearing a habeas corpus plea, the Madhya Pradesh High Court raised a question about the welfare of child victims of sexual offences, children leaving home out of quarrels and children in need of care and protection.To mentor, guide and encourage such children who come back home after undergoing mental and emotional trauma, the Division Bench of Justices Anand Pathak and Rajendra Kumar...
[Delhi Coaching Centre Deaths] High Court Slams Govt's "Freebie Culture"; Says Civic Bodies Have No Money To Revamp Infrastructure
The Delhi High Court today tore into Delhi government's "freebie" policies in the aftermath of the recent basement flooding in city's Rajendra Nagar area wherein three civil services aspirants lost their lives.A division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said because of the "freebie culture", the government has no money to upgrade the...
Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation.Justice Sanjay Dhar emphasized that the responsibility of a magistrate in such cases cannot be reduced to a mere mechanical exercise.Highlighting the responsibility of...
Violation Of S. 50 NDPS Act, Discrepancies In Prosecution's Evidence: Allahabad HC Acquits Accused In 33 Year Old Case
The Allahabad High Court last week acquitted an accused in a 33-year-old case under the NDPS Act. It noted that Section 50 of the Act was violated and that the prosecution had failed to establish its case beyond a reasonable doubt. “(Section 50 of the NDPS Act) is a crucial safeguard to ensure the fairness of the search process and to protect the rights of the accused. In this...
Kerala High Court Issues Directions To Ensure Safety Of Pilgrims During Karkidakavavu Festival Due To Adverse Weather Conditions
The Kerala High Court today invoked its parens patriae jurisdiction to issue directions for ensuring the safety of pilgrims and others during the Balitharpanam and Karkidakavavu rituals conducted by devotees in public places such as Shanghumukham, Thirumullavaram, Varkala and other places during the Karkidakavavu festival on August 3, 2024. During the Karkidakavavu festival, Hindu...
Recovery Notice Issued By Mining Dept To Be Preceded With Demand Order: Rajasthan High Court
The Rajasthan High Court has set aside recovery notices issued by the Department of Mining and Geology, Government Secretariat, Jaipur, for recovering amount payable against Short Term Permit (“STP”) granted to the petitioner, without any preceding order of demand of such recovery. Bench of Justice Avneesh Jhingan observed it was trite law that recovery notices have to be preceded with...
Violates Our Fundamental Rights: Minority Schools To Gujarat HC On Amendment Enabling State To Regulate Recruitment Of Teachers, Principals
Linguistic and religious minority schools told the Gujarat High Court on Tuesday that the 2021 amendments to the Gujarat Secondary and Higher Secondary Education Act applying a centralised process of recruiting teachers and principals in such schools, violates their fundamental rights under the Constitution of India.Appearing for certain petitioner schools, senior advocate Mihir Thakore...
'Impossible To Anaesthetise Woman Against Her Will': Allahabad HC Grants Bail In Rape Case Citing Modi's 'Medical Jurisprudence'
Relying on Modi's Medical Jurisprudence & Toxicology, Twenty-Second Edition (Student Edition), the Allahabad High Court recently granted bail to a man who has been accused of raping a woman after allegedly making her unconscious with the use of chloroform. A bench of Justice Krishan Pahal noted that as per Modi's Medical Jurisprudence & Toxicology, it is impossible to anaesthetise...
Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
The Rajasthan High Court has made it clear that a minor rape victim's refusal to undergo medical examination alone cannot be the basis to disbelieve the allegations levelled by her.The bench of Justice Rajendra Prakash Soni thus refused anticipatory bail to a POCSO accused on the alleged ground of false implication. It said,“On perusal of the record and upon consideration of the submissions,...
Vitiated Enquiry ; Patna High Court Allows Writ Petition By Employee, Orders To Grant All Benefits Due.
A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha, while deciding a writ application held that departmental proceedings for an order of dismissal from service can only be initiated with the approval of the state government.Background Facts An employee filed a writ application for reinstatement, which was allowed by an order dated 23.09.2010 without...
Income Tax Dept's Appeal Against Inadequate Sentence Lies Before Sessions Court: Karnataka High Court
The Karnataka High Court has dismissed the appeals preferred by the Income Tax Department under Section 377 of Cr.P.C.The bench of Justice Shivashankar Amarannavar has observed that on a reading of Section 418 of the Bhartiya Nyayik Suraksha Sahita (BNSS), it is in pari materia with Section 377 of Cr.P.C. Even under the BNSS, no provision has been introduced for filing an appeal before the...